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Terms and conditions
1) Introductory information
1.1) This section contains the necessary information regarding purchases made on our website.
1.2) Before using this website, we invite the user to examine this document, the Cookie Policy and the Personal Data Protection Policy.
1.3) This document is valid and regulates the relationship between the User (i.e. each user of the centinari.it website), over the age of 18 (if a natural person) resident or domiciled in the territory of the Italian Republic (and with the capacity to enter into binding contracts), and Togni s.p.a., in relation to purchases made on the Togni s.p.a. website, reachable at the web address: www.centinari.it (hereinafter, the “website”).
1.4) This document regulates the contract stipulated on the occasion of each purchase made by Users of the website in the quality of Consumers or Professionals, pursuant to the legislation in force.
The term “Consumer” means the natural person who acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out. The term “Professional” means any natural person who does not fall within the definition of “Consumer”, as well as any other User who is not a natural person.
1.5) The website and the related sale of products are managed directly by Togni s.p.a. (hereinafter, “Togni” or “we”), with registered office in Via Leonardo da Vinci, 1, 60048 Serra San Quirico (AN), which can be contacted at the following telephone number: +39 0731 8191, e-mail address info@togni.it, certified e-mail address (PEC) tognispa@legalmail.it, addresses to which any comments, suggestions, requests for information or complaints from the User may be sent.
1.6) In order to complete online purchases, as well as in order to receive our offers reserved for registered Users, the User must register on the Site, which will involve the activation of a personal and non-transferable account, accessible via a password that the User must keep confidential and inaccessible to persons other than the User.
1.7) Togni makes every effort and uses technical tools cutting-edge to ensure that the image of the products offered corresponds to the shapes, colors, and – more generally – the original appearance of the products themselves; any discrepancy found at the time of receiving the products could also depend on the quality and setting of the devices from which the User accesses the Site or makes purchases.
1.8) Togni also makes every effort to ensure the continuity of usability of the Site; that being said, Togni will not be liable towards the User or third parties for damages arising from the use of the Site or any information contained in the Site or products marketed through it, as well as for damages arising from the impossibility of using the Site, even arising from technical reasons.
1.9) In the event that, within the Site, links to other websites managed by third parties or content originating from third parties are displayed, Togni declares that it does not exercise any control over them and therefore declines any responsibility with regard to their nature, object and security. In particular, Togni declines all responsibility for any violations of laws or violations of third-party rights that occur on such pages, as well as for damages that may occur as a result of access to such third-party content.
1.10) Togni reserves the right to modify at any time these “General Terms and Conditions of use of the centinari.it website and purchases on the Store” (hereinafter, also only “General Terms and Conditions”). Each modification will be effective only for purchases that will be made at a time after the new version of the “General Terms and Conditions” is published.
2) User’s commitments
2.1) By using this website, the User authorizes Togni to process the information and personal data provided and undertakes to upload accurate and truthful information and personal data.
2.2) By browsing the Site, as well as placing orders, the User guarantees that he/she undertakes to:
use the Site only to examine the products offered and/or to place valid orders;
not to place orders under a false name or without the intention to purchase, or using false documents or using payment instruments not in his/her ownership/availability;
provide his/her personal data (including email address, postal address and/or other contact details).
2.3) The entire content of the Site is the property of Togni (or of counterparties of Togni) and is protected by the current legislation on intellectual property, including copyright, patents, trademarks; therefore, anyone is prohibited from using such content, even in part. Therefore, copying and/or reproducing the images, including those of the products, present on the Site is also prohibited. Violation of the legislation referred to in this Article 2. may expose the offender to liability, including criminal liability.
2.4) The User undertakes not to trade in the purchased goods on a professional basis.
2.5) The purchase of alcoholic products is reserved for adults. In accordance with the law in force, during registration the User is required to upload a valid identity document, proving his or her majority.
3) Purchase procedure and conclusion of the contract
3.1) In order to proceed with the purchase, the User must select each of the products he/she intends to purchase (according to the desired quantities); in this way, each product will be placed in the virtual cart, always reachable in the space on the right of the Site.
3.2) Once the products he/she intends to purchase have been selected, the User is required to carefully check the accuracy of the contents of the virtual cart; in this phase, prior to completing the order, the User may correct any selections previously made, deselecting a product that is not of interest to him/her or increasing or decreasing the desired quantities of each selected product.
3.3) Having carried out the checks referred to in articles. 3.1 and 3.2, the User may proceed with the order by clicking the “Proceed with order” button, filling out the order form in its entirety in compliance with the instructions that will appear on the screen.
3.4) The online purchase procedure shall be considered completed as soon as the User clicks on the final order confirmation button, which will be sent directly to Togni. By clicking the “Place order” button, the User will send their order, which will be sent directly to Togni and which will be binding for the products contained in the cart. The order shall be considered completed only upon successful payment by the User.
3.5) Before the User has forwarded the order, the same will be asked to confirm that they have read and accepted these General Terms and Conditions, which are also available before forwarding the order via a specific link. In the absence of specific confirmation of having read and accepted these General Terms and Conditions, the order cannot be validly transmitted to Togni. Professional Users will also be asked to specifically approve the clauses falling within the provisions of art. 1341, second paragraph of the Civil Code.
3.6) At the end of the purchase process, it is advisable to save or print these General Terms and Conditions; in any case, upon completion of the order procedure and successful payment by the User, Togni will send the User the relevant order confirmation via email, which will be considered acceptance of the order and will be followed by the shipment of the products within the following five working days.
4) Right of withdrawal and methods of exercising it by the Consumer User
4.1) The User who falls within the definition of Consumer referred to in art. 1.4 (also just Consumer User) has the right to withdraw from this contract, without having to indicate the reasons, within fourteen days from the date of delivery to the Consumer User (or to the third party indicated by the Consumer User as the recipient of the products) of the purchased products, by sending Togni a communication with the content of the form prepared and reported at the bottom of these General Terms and Conditions. Alternatively, any other explicit declaration of the Consumer User’s decision to withdraw from this contract will be considered valid.
4.2) To exercise the right of withdrawal, the Consumer User is required to inform Togni in one of the following ways, at his/her choice:
(a) by sending communication by registered letter with return receipt at Via Leonardo da Vinci, 1, 60048 Serra San Quirico (AN),
(b) at the telephone number +39 0731 8191
(c) by email at info@togni.it,
(d) by certified email at certified email address (PEC) tognispa@legalmail.it.
4.3) In order to consider the right of withdrawal validly exercised, it is sufficient for the Consumer User to send the relevant communication before the expiry of the withdrawal period itself. Since, pursuant to current legislation, the burden of proof relating to the exercise of the right of withdrawal in accordance with this Article 4. falls on the Consumer User, we invite you to exercise the withdrawal in the forms referred to in points (a) or (d) of art. 4.2.
4.4) Within fourteen days from the date of exercising the right of withdrawal, the Consumer User will be required to return to Togni the products contained in the order subject to withdrawal. The direct cost of returning the products will be borne by the Consumer User.
4.5) The products subject to withdrawal must be returned to Togni:
- (a) in their original packaging, complete with all its parts;
- (b) intact and undamaged, and used in strict compliance with the User Manual;
- (c) used only for the purpose of understanding their characteristics and operation. Such use activities must be arranged by the Consumer User taking care not to dirty, wear or in any way damage the products received.
4.6) Products that are not compliant with the provisions of art. 4.5, or returned late, or for which the withdrawal has been exercised after the deadline set out in art. 4.1.
4.7) Pursuant to the legislation in force, the right of withdrawal governed by this Article 4. must be understood as excluded in the cases provided for by art. 59, Legislative Decree 206/2005; therefore, by way of example, the right of withdrawal must be understood to be excluded:
for the supply of goods that are likely to deteriorate or expire rapidly;
for the supply of sealed goods that are not suitable for return for reasons of hygiene or related to health protection and have been opened after delivery;
for the supply of personalized goods;
relating to the supply of alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations on the market that cannot be controlled by the professional.
4.7), where the right of withdrawal is exercised by the Consumer User for an order that also includes products for which withdrawal is not admissible, in this case it will have effect limited to the products for which withdrawal must be considered admissible.
4.8) In the event of a valid exercise of the right of withdrawal by the Consumer User, Togni will return to the Consumer User the sums received, including delivery costs (with the exception of additional costs resulting from the possible choice of a type of delivery other than the least expensive type of standard delivery offered by Togni). The sums will be returned to the Consumer User within the fourteenth day following the date of receipt of the notice of withdrawal; However, pursuant to the legislation in force (and unless the products have been returned by the Consumer User according to the methods indicated by Togni), Togni may withhold the refund until it has received the goods or until the Consumer User has demonstrated that he has returned the goods (depending on which situation occurs first).
4.9) In accordance with the provisions of art.4.1
4.10) In the event that the Consumer User should return to Togni products for which the right of withdrawal is not permitted, Togni will arrange for the further redelivery of such products to the Consumer User, or will dispose of them, in any case charging the latter for all related costs.
4.11) In the case of multiple goods ordered by the Consumer User through a single order and delivered separately, the fourteen days for exercising the right of withdrawal will start from the day on which the Consumer User or a third party, other than the carrier and designated by the Consumer User, will acquire physical possession of the last product. In the case of a contract relating to the delivery of a product consisting of multiple lots or pieces, the fourteen days for exercising the right of withdrawal will start from the day on which the Consumer User or a third party, other than the carrier and designated by the Consumer User, acquires physical possession of the last lot or piece.
4.12) In the event of withdrawal, the Consumer User will be responsible for the decrease in value of the products resulting from incorrect storage or handling of the goods other than that necessary to establish the nature, characteristics and functioning of the products.
5) Shipping
5.1) Deliveries are validly made only in Italy.
6) Guarantee in favor of the Consumer User
6.1) Togni undertakes to provide the Consumer User with goods that satisfy the subjective and objective requirements of conformity; However, in order to comply with the current legislation regarding the obligation to provide information to the consumer before completing the order, with this Article 6. it is necessary to inform the Consumer User of the following.
6.2) At the time of delivery, the Consumer User will be required to check that the products delivered correspond to the order placed and that they do not present defects of conformity.
6.3) The guarantee referred to in this Article 6. will apply only if the purchased product is used correctly, in accordance with the use for which it is intended and according to its nature.
6.4) In the event that a lack of conformity is found, the Consumer User will have the right:
(i) to have the goods brought into conformity by replacement, or
(ii) to receive a proportional reduction in the price or to terminate the contract.
6.5) For the purposes of restoring the conformity of the goods referred to in art.6.4
6.4) (i), the Consumer User may choose between repair and replacement, provided that the chosen remedy is not impossible (as happens for bottles containing drinks, whether alcoholic or not) or, compared to the alternative remedy between the two, it does not impose disproportionate costs on Togni, taking into account all the circumstances and, in particular, the following:
a) the value that the goods would have in the absence of the lack of conformity;
b) the extent of the lack of conformity; and
c) the possibility of experiencing the alternative remedy without significant inconvenience for the consumer
6.6) The repair (where possible) or replacement referred to in art. 6.5) are carried out without any costs to be borne by the Consumer User.
6.7) The Consumer User does not have the right to terminate the contract if the lack of conformity is only minor.
6.8) Where the price reduction is applicable, it will be proportional to the decrease in value of the goods received by the Consumer User compared to the value it would have had if they had been compliant.
6.9) Where the termination is applicable, the Consumer User may exercise this right by means of a declaration directed to Togni and containing the manifestation of the will to terminate the sales contract. In this case, where this right is correctly exercised by the Consumer User, the reimbursement of the price paid and the return shipping costs to Togni will occur upon receipt of the goods or evidence provided by the Consumer User regarding the fact of having returned or sent back the goods.
6.10) The guarantee referred to in this Article 6. must be considered valid for defects of conformity that appear within two years of delivery of the goods. The action aimed at asserting the defects expires within twenty-six months of delivery of the goods.
7) Shipping costs
7.1) Shipping costs will be paid by Togni throughout Italy. For customers who require faster shipping than the standard times, Togni offers an optional “priority” service with an extra amount of €5.00 to be paid by the User.
8) Payment
8.1) Payment can be made by credit and debit card (MasterCard, Visa, Maestro) and via Paypal. For further information on payment methods, please contact Togni s.p.a. at the email address info@togni.it.
8.2) To ensure maximum security of transactions, Togni does not store the User’s payment data.
9) Disclaimers
9.1) Togni assumes no responsibility for disruptions attributable to force majeure, in the event that it is unable to execute the order within the timeframes set out in the contract.
9.2) Togni cannot be held liable towards the User, except in the case of willful misconduct or gross negligence, for disruptions or malfunctions connected to the use of the internet outside of its control.
9.3) Togni will also not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to it, the User being only entitled to a full refund of the price paid.
9.4) Togni will not be liable for any fraudulent or illicit use that may be made by third parties of the payment instruments adopted by the User.
9.5) Togni cannot be held liable for consequences arising from a defective product if the defect is due to a mandatory legal provision or a binding measure, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10) Prices
10.1) Our prices are in Euros and include the amount of VAT required by law and any other applicable taxes.
11) Retention of title and risks in purchases by the Consumer User
11.1) The products remain the property of Togni until delivery to the User.
11.2) The risk of loss or damage to the goods, for reasons not attributable to Togni, is transferred to the User only when the latter, or a third party designated by him and other than the carrier, physically takes possession of the goods. However, the risk is transferred to the User already at the time of delivery of the goods to the carrier, if the latter has been chosen by the User and such choice has not been proposed by Togni, without prejudice to the rights of the User against the carrier.
12) Electronic communications
12.1) The User agrees that communications relating to the contract may be made electronically.
13) Protection of personal data
13.1) The personal data collected with the forwarding of each order will be processed by Togni for the sale to the User and for the activities related to it, in compliance with the provisions of the legislation and the Privacy Policy available on the Site. Any further processing will be carried out only with the express consent of the User.
14) Applicable law and competent court for the Consumer User
14.1) The sales contract stipulated under these General Terms and Conditions and its execution are governed exclusively by Italian law.
14.2) For disputes concerning the application of these General Terms and Conditions and, more generally, concerning each order and purchase made on the centinari.it website, the mandatory territorial jurisdiction will be the Judge of the place of residence or domicile of the Consumer User.
14.3) In order to resolve a dispute concerning the application of these General Terms and Conditions and, more generally, concerning each order and purchase made on the centinari.it website out of court, and without prejudice to the right of consumers to access ordinary jurisdiction, it is possible to submit a complaint online to the European platform for online dispute resolution (ODR) at this address https://ec.europa.eu/consumers/odr/, in accordance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes.
15) Order Storage
15.1) Pursuant to art. 12 of Legislative Decree no. 70/2003, Togni informs the user that each order placed will be stored in digital form on the server where the Site resides according to confidentiality and security criteria.
16) Discounts and promotions
16.1) Togni may offer discounts or special promotions for the purchase of products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this website.
16.2) Promotions and offers are always granted at the sole discretion of Togni.
16.3) Repeated or periodic promotions or discounts do not constitute any claim or right that may be enforced by Users in the future. Depending on the case, discounts and promotions are valid for a specific period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are intended to refer to the time zone of the headquarters of Togni, as indicated in the contact details in this document.
17) Vouchers (or coupons)
17.1) Promotions and discounts may be offered in the form of Vouchers. In the event of a violation of the conditions applicable to the Vouchers, Togni may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate venues, including judicial ones, in order to protect its rights and interests.
17.2) Any additional or divergent provisions applicable to the use of the Vouchers reported on the relevant information page or on the Voucher itself shall prevail in any case, regardless of the provisions that follow.
17.3) Unless otherwise specified, the following rules apply to the use of the Vouchers:
Each Voucher is valid only if used in the manner and within the period of time specified on the website and/or on the Voucher;
The Voucher can only be redeemed in full at the time of purchase – partial use is not permitted;
Unless otherwise specified, the … where otherwise specified, single-use Vouchers can be redeemed only once per purchase and can therefore be redeemed only once even in the case of installment purchases;
Vouchers cannot be combined;
The Voucher must be used within the specified validity period. Once the period has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including the reimbursement of the value of the Voucher, is excluded;
The User is not entitled to any credit/refund/compensation in the event of a difference between the value of the Voucher and the redeemed value;
The Voucher is intended for non-commercial use only. Reproduction, counterfeiting and commercialization of the Voucher are strictly prohibited, as well as any illicit activity related to the purchase and/or use of the Voucher.
18) Special provisions for Professional Users
The following provisions are intended to regulate the relationship between Togni and Professional Users.
16.1) The sales contract stipulated by Professional Users under these General Terms and Conditions and its execution are governed exclusively by Italian law.
16.2) The right of withdrawal pursuant to Art. 4) is not provided for Professional Users.
16.3) The guarantee pursuant to Art. 6) is not provided for Professional Users. Purchases made by Professional Users are governed by common law (including the Civil Code, articles 1490 and following, which regulate the guarantee for defects in the item sold, as well as the terms and conditions of the actions envisaged in favor of the buyer).
16.4) The products remain the property of Togni until full payment of the same by the Professional Users.
16.5) All disputes between Togni and Professional Users will be referred to the exclusive and mandatory Italian jurisdiction.
16.6) All disputes between Togni and Professional Users will be referred to the exclusive and mandatory jurisdiction of the Court of Ancona, with the exclusion of any other competing or alternative jurisdiction.
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