Terms and Conditions
General Conditions (pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, “General Conditions”) have as their object the regulation of the purchase of services (educational courses), carried out remotely and made available, via the Internet, from the site www.tooscanswineacademy.it (hereinafter, the “Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).
The seller of the services and site owner is Omnia Consult srl, with headquarters in Viale Bicchierai, 129 Montecatini Terme (PT), Italy. VAT number 01783960477
As a preamble, the content available on this site, in any form, is the exclusive property of Omnia Consult s.r.l., except for material provided directly by Entities and Consortia to provide certified courses, in this case protected by the consortia. This teaching material may only be used for personal purposes and is strictly prohibited for any other use, even if not for commercial purposes. Any unauthorized or improper use will be regarded as a violation of our legitimate rights and interests and will be contested in the appropriate legal venues.
Additionally, please note that Tooscans is a trademark owned by Omnia Consult s.r.l. and is formally registered for protection in Italy and abroad.
The consumer who accesses the Site to make purchases of services and related services (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Site and which will be available to the Customer at any time also through the link contained in the confirmation email of each order to allow him to reproduce and store them.
In the event that the person making purchases on the Site requests the issuing of an invoice and/or is not a “consumer or user” as defined in art. 3, paragraph 1, letter a) of the Consumer Code, the withdrawal provisions outlined in art. 7 and 8 of these General Conditions will not apply, nor, more generally, the provisions which, pursuant to the same Consumer Code, apply only to “consumers”.
Contracts concluded with Omnia Consult srl through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. Select and order Services
The characteristics and price of the various services on sale on the Site (hereinafter “Service” or “Services”) are shown on the page relating to each Service.
To purchase the Services, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Services to the “Cart” and, after having read the General Conditions and the Privacy Policy and confirmed their acceptance, must enter the shipping and any billing data, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he has read all the information provided during the purchase procedure and fully accepts these General Conditions and the payment conditions transcribed herein.
The contract stipulated between Omnia Consult srl and the Customer must be considered concluded with the acceptance of the order by Omnia Consult srl. This acceptance is communicated to the Customer via an email confirming the order containing a reference to these General Conditions, the order number, the shipping and billing data, the list of the Services ordered with their essential characteristics and the total price, including delivery costs.
Once the order has been received, Omnia Consult srl will check the stock availability to process the order. If one or more Services are unavailable, Omnia Consult srl Customer Service will promptly send an email to the Customer who, within the following 12 hours, will have the option to respond to confirm the shipment of any additional available Services or cancel it. If there is no response within this period, the order will be confirmed, and the available Services will be shipped.
3. Information about the Services
The information and features relating to the Services are available, with any related Service codes, on the Site.
4. Prices and shipping for products related to the services (tasting kits)
Shipping prices are included in the cost of individual courses.
5. Payment methods and invoicing
5.1 Payment Methods
The Customer may pay the price of the Services by credit card, PayPal and other methods available at the immediate payment checkout.
5.2 Order invoicing
If the purchase is made by a professional/company, it will be possible to request an invoice by selecting the appropriate box during the order process and entering the billing information, including the tax code and/or VAT number. In this case, the invoice will be emailed to the indicated address. The professional/company is responsible for correctly entering the billing information and is expressly informed that, in the event of failure to request the invoice during the order phase, it will not be possible to request it later.
6. Activation of Services and shipment of tasting kits
The services (educational courses) will be released online once registration has been completed if they are “free” or if they are “paid” upon successful completion of the registration.
The products connected to the services purchased (tasting kits) on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the specific “Shipping Data” field.
All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays.
Omnia Consult srl is not responsible for delays that are not foreseeable or attributable to it.
Once the Services have been shipped, the Customer will receive a confirmation email with a link to track the shipment.
Delivery services active in Italy:
BRT express and DHL express (road) within 48 hours of completing the order, with the exception of Calabria, Sardinia and Sicily, for which delivery will take place within 72 hours
The service includes two delivery attempts to the address indicated when ordering. A notice will be left after each step. After the second failed delivery attempt, the Courier will contact the order recipient at the telephone number indicated to arrange delivery. If the recipient cannot be found or is absent, the goods will be returned to the warehouse.
Active delivery services abroad:
DHL express (by air) – BRT express (by road)
Omnia Consult srl reserves the unquestionable right to decide which carrier to entrust with the delivery in compliance with the indicated times.
Countries where the tasting kit delivery service is active:
Countries Zone 1
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Principality of Monaco, Romania, Slovakia, Slovenia, Spain, Sweden.
Zone 2 Countries:
Albania, Belarus, Bosnia and Herzegovina, Great Britain, Iceland, Liechtenstein, Macedonia, Moldova, Montenegro, Norway, Switzerland, Serbia.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Services will be delivered within 7 (seven) working days starting from the day following the day Omnia Consult srl confirmed the order to the Customer via a specific order confirmation email.
For Zone 2 countries, only products permitted by customs regulations will be sent.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract of the courses and associated tasting kits for any reason, without providing explanations or penalty. To exercise this right, the Customer must send Omnia Consult srl a formal communication within 14 days from the order date and in any case BEFORE having had access to the courses or having used them. Communications of withdrawal sent after having had access to the courses or having even partially used them will have no value and will be considered null and void. For further clarity, access to the courses means simply viewing a page of a single lesson.
This communication must be sent by email to the contact address on the site.
Once the communication has been received, Omnia Consult srl Customer Service will open a case to manage the withdrawal form.
The right of withdrawal is governed by the following conditions:
I. The right applies to the product connected to the service purchased in its entirety; therefore, if the product comprises multiple components or parts, it is impossible to exercise the right of withdrawal only on part of the purchased service. For example, regarding the purchase of a course with the tasting kit’s shipment, it is impossible to renounce the course or, alternatively, the tasting kit by requesting a partial refund.
II. In the event of exercising the right of withdrawal, Omnia Consult srl will refund the customer the full amount, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of Omnia Consult srl to suspend payment of the refund until the returned products have been received. The refund will be made using the same payment method used by the Customer unless the latter has expressly requested a different method. In the event of bank transfer or cash on delivery, the Customer will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. Also, to guarantee free returns pursuant to the following article 8, the products connected to the services must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Introduction (customer who is not a consumer and/or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
- ordering products that are made to measure or clearly personalised;
- ordering products that are likely to deteriorate or expire rapidly;
- order of sealed products which are not suitable for return for hygiene or health protection reasons or which have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that among the products that “risk deteriorating or expiring rapidly” are included both all food Services (including wines, spirits and beverages) and cosmetics, as the characteristics and qualities of these types of Services are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only for the Services purchased on the Site that can be returned to Omnia Consult srl and put back on the market without danger to the health of consumers (such as books, gadgets, kitchen utensils, etc.).
In cases of exclusion of the right of withdrawal, Omnia Consult srl will return the purchased Services to the Customer, charging the latter the shipping costs.
8. Free Return in case of exercising the right of withdrawal
As a more favorable condition for the Customer, Omnia Consult srl will bear all shipping costs for the return of the products if exercising the right of withdrawal.
To benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Omnia Consult srl to arrange the return of the products to the courier.
9. Warranty and Lack of Conformity
In the event of defects in conformity of products sold by Omnia Consult srl, the Customer must immediately contact Customer Service using the specific contact form accessible on the Site via the “Customer Service” tab.
The legal guarantees in Articles 129, 130 and 132 of the Consumer Code apply to selling products connected to the services. The Customer has the right, at his choice and provided that the type of product allows it, to have the conformity of the product restored, free of charge, through repair or replacement, or to an adequate reduction in price or to the termination of the contract. The Customer loses these rights if he does not report the lack of conformity to Omnia Consult srl within two months of the date on which he discovered the defect, provided that it is not a product that by its nature is perishable or subject to expiry within a shorter period, in which case the defect must be reported within this reduced period.
10. Errors and limitations of liability
The information relating to the Services and products connected to them provided through the Site is constantly updated. However, it is impossible to guarantee the complete absence of errors for which Omnia Consult srl cannot, therefore, be held responsible, except in the case of fraud or substantial negligence.
Omnia Consult srl reserves the right to correct errors, inaccuracies or omissions even after an order has been sent or to modify or update information without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code.
Except in the case of fraud or gross negligence, the Customer is excluded from any right to compensation for damages or to the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the failure to accept or fulfill, even partially, an order.
Omnia Consult srl promotes the responsible consumption of alcohol and excludes any liability on its part, except in the case of fraud or gross negligence, in the case of purchases made by minors under 16 years of age. By purchasing any alcoholic service, the customer declares to be of age as per art. 7 of Legislative Decree 158/2012. Omnia Consult srl assumes no liability in the case of purchases made by minors under the Legal Drinking Age (e.g., 18 years) who have declared to be of a different age by accessing the purchasing services.
11. Complaints
Any complaints must be forwarded to Omnia Consult srl using the specific contact form accessible directly on the Site via the “Customer Service” tab, or by registered mail to the following address: Viale A. Bicchierai, 129 51016 Montecatini Terme (PT)
12. Online dispute resolution for consumers (ADR and ODR)
ADR
According to article 49, paragraph 1, letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code), the customer can avail of the Joint Conciliation procedure. The Procedure can be started if the consumer, after submitting a complaint to the company, within 45 days, has not received a response or has received a response that he does not consider satisfactory.
The customer who decides to avail himself of the Joint Conciliation procedure is obliged to send the request to the address: conciliazione@consorzionetcomm.it or to the fax number 02/87181126.
For further information, please refer to
ODR
Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he/she may submit a complaint via the European Union ODR platform, which can be reached at the following link: http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.
13. Applicable law and competent court
The sales contract between the Customer and Omnia Consult srl is deemed to be concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his/her municipality of residence or domicile will have exclusive jurisdiction if located in Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Pistoia, any other competent court excluded.
*** Under article 1341 of the Italian Civil Code, the Customer declares to have read and expressly accepted the following articles of these General Conditions: 6 (liability for delivery delays), 10 (right to correct errors – exclusions of liability).