Terms and Conditions of Sale

Last updated on May 2024

 

1.Introduction

These terms and conditions of sale (“Terms of Sale”) set out the terms and conditions that will apply to your purchase of products through the website https://wineclub.ruffino.it (the "Wine Club Site"). The Wine Club Site is owned and operated by Ruffino S.r.l., a company under the direction and coordination of Constellation Brands Inc., with registered office in Piazzale Ruffino 1, Pontassieve (Florence) — Italy, VAT number 02067051207, company Register Number FI-529344, e-mail address: info@ruffino.it, tel + 39 055 83605 ("Ruffino ", "we", "us" or "our"). Under these Terms of Sale “User”, “you”, “your” and similar terms, both singular and plural, refer to you, the User.

 

Please note, these Terms of Sale may have changed since you last reviewed them.

 

Please note that these Terms of Sale do not apply and do not govern other services available on the website www.ruffino.it (the "Ruffino Site" and together with the Wine Club Site, the "Websites"), and are solely applicable in relation to purchases of our products.

 

The contract of sale of the products available on line will be concluded directly between the User and Ruffino,  or between the User and an affiliate / representative of Ruffino, depending on which country the products are shipped from. The details of the selling entity will be indicated on the confirmation email and/or the invoice included with the products.

 

Please read these Terms of Sale carefully before placing an order on the wine shop section of the Wine Club Site (the “Wine Shop”). By confirming that you have read and accepted these Terms of Sale when you submit an order through the Wine Shop, you confirm your acceptance of the Terms. Please save or print a copy of these Terms for your future use.

 

Please note that your use of the Wine Club Site is also subject to the Websites Terms of Use, available here https://wineclub.ruffino.it/en/terms-of-use/, the Wine Club Terms and Conditions, available here https://wineclub.ruffino.it/en/terms-and-conditions/, the Privacy Policy, available here https://wineclub.ruffino.it/en/privacy-policy/ and the Cookie Policy, available here https://wineclub.ruffino.it cookie policy.

 

The purchase of products on the Wine Shop is reserved solely for consumers and not for business, professional or commercial purposes. These Terms of Sale along with your Order Confirmation (as defined below) constitute the contract between the User and Ruffino or the entity indicated on the Order Confirmation and/or the invoice (where requested), for the supply of products. Unless otherwise stated herein, no other terms and conditions shall apply to the purchase of products on the Wine Shop. The contract cannot be modified unless Ruffino agrees to vary it in writing.

 

These Terms of Sale may be amended from time to time and without prior notice (unless the changes made will be significant or onerous for you), including due to new laws and regulations or other reasons (for more information on the reasons from which changes may derive please see Section 11 of our Terms of Use). The new Terms of Sale shall be effective as of the date of publication on the Wine Club Site. By continuing to use and purchasing on the Wine Shop you accept to be bound by the new terms. The new terms will not affect orders already submitted by you , and such orders will be subject to the Terms of Sale in force as at the time your purchase was made. If you do not agree with the Terms of Sale in force at the moment you decide to place an order on the Wine Shop, you must not proceed with the order. Please print and/or store a copy of the current Terms of Sale applicable to your orders for future reference.

 

2. Products details and purchase procedure

 

Ruffino offers different types of products. The products’ details and availabilities are described on the Wine Shop https://wineclub.ruffino.it/en/shop/, together with the relevant prices.

 

To purchase products on the Wine Shop, Users may create an account or, alternatively you may proceed without registration. During the purchase procedure and/or the registration phase, Users will be required to provide true and complete data.

 

In order to place an order you confirm that you are at least 18 years of age. Ruffino reserves the right to ask for appropriate proof of age before activating the account or accept your order. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You agree to accept responsibility for all purchases and activities that occur under your account or otherwise carried out on and through the Wine Shop.

 

Each order sent to Ruffino by you constitutes an offer for the purchase of products from the Wine Shop. Orders are subject to availability of products and acceptance by Ruffino. We may, at any time and at our sole discretion, refuse to accept your order where we have reasons to believe that you provided us with: (i) incorrect information, including without limitation, insufficient or incorrect payment details, incorrect billing information; (ii) insufficient or incorrect shipping address — in this regard, please note we do not ship products to P.O. boxes; or (iii) fraudulent information. We may also not accept the order if there is an error on the Wine Shop relating to the products that you have ordered, for example an error relating to the price or description of the products as displayed on the Wine Shop;  or if the products that you have ordered are no longer available through the Wine Shop; or if we believe that you are under 18.

 

To place  an order, the User must select the products and complete the check-out after carefully checking the information contained in the order summary on the check-out page, selecting the shipping methods and providing payment details. To complete the check-out procedure and submit the order you must confirm your purchase at the end of the check-out page by clicking the "ORDER AND PAY" button and confirming your acceptance of these Terms of Sale.

 

Alternatively, it is possible to submit an order by email at the address hospitality@ruffino.it.

 

After you have placed your order through the Wine Shop or by email, you will receive an e-mail from us confirming that your order has been received by us and is being processed ("Order Confirmation”).

 

If you do not receive the Order Confirmation email within 48 hours of placing the order, contact us at +39 3783050219 or by e-mail at hospitality@ruffino.it before placing a new order for the same products.

 

Please note that when we send the Order Confirmation , we will also charge the relevant amount of your purchase on your credit card or other means of payment you have selected. At this time a purchase contract between us and you is concluded.

 

If we are unable to accept your order, including for any of the reasons listed above, we will contact you at the e-mail address or telephone number that you have provided to us, as soon as possible.

 

You hereby acknowledge and agree that we reserve the right to accept your order in whole or in part; in the event of partial acceptance, your card will only be debited and the products will be shipped for the part of the order that was accepted.

 

English is the language used for executing contracts with us. Local translations may be available depending on the territories. In case of any discrepancy among different language versions, the local language version or, if not available, the English version shall prevail.

If you have any questions, comments or concerns regarding your Order, or if you think that your Order was rejected by us in error, please contact us at the contact details indicated under Section 14 - "Contact us" below.

 

3. Products availability and prices

We will make all reasonable efforts to ensure that the prices and other information about products displayed on the Wine Shop are accurate and constantly updated. However, the inclusion of any products on the Wine Shop does not imply or guarantee that the products will be available at the time you place an order. Photos and images of products are indicative and may not constitute an exact representation of the products. Ruffino will do its best to present the characteristics of the products with the greatest possible degree of detail on the Websites. However, the images and colours of the products offered for sale on the Wine Shop may differ from the real ones due to multiple factors including, by way of example and not limited to, the user's terminal monitor, photo filters etc. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.

 

Prices of products are inclusive of VAT or other sales taxes, where applicable. Any other taxes and duties (e.g. Customs duties) – if applicable - are itemized on the order check-out page and in the Order Confirmation or, where requested at the time of check-out, in the invoice. Shipping costs may also apply to your order and will be indicated in the order check-out page.

 

We will have the right, at any time and without previous notice, to make changes to the information about products displayed on the Website, including without limitation information about prices. Discounts or reductions of prices will be clearly stated on the Ruffino Site, together with the indication of the previous price. Changes will not however affect the price, availability or description of any products for which you received the Order Confirmation.

 

4. Terms of payment

For the time being, purchases on the Wine Shop can only be paid by Paypal. Payment must be made in the currency as indicated in the order check-out page. Please be advised that we are not responsible for any extra charges imposed by your credit card issuer or by your bank you may incur as a result of this payment.

 

We take all reasonable care to make our Websites secure and to prevent frauds. All transactions on our Websites are processed using a secure online payment gateway that encrypts your card details in a secure host environment. Our Websites do not collect or process the payment data the Users provide.

Please note that when using PayPal, during the purchase, the Wine Shop will store an identification code combined with the customer's PayPal account, which authorizes the Wine Shop for exclusive use linked to future purchases. Users may revoke the said authorization at any time, either through their Account or by contacting Ruffino directly.

 

Please note that we may, at any time and at our sole discretion, restrict shipping to certain customers and countries (for example in case of restriction to alcoholic beverages or tax reasons). We will not deliver any products unless or until payment has been authorized and/or credited on our or our affiliate / representative (as applicable) bank account.

 

5. Retention of title

Until you pay the full price of the products ordered, the products remain the property of Ruffino. As soon as we have delivered the products to you, you will become responsible for them and for any loss or damage to them thereafter.

 

6. Delivery and tracking

International shipping is available when ordering products from the Wine Shop. You can view the countries to which we ship our products and from which we accept returns/exchanges directly on our Wine Shop.

 

Deliveries will be made by courier during normal business hours to the shipping address indicated by the User and in the manner (e.g. express or standard delivery) selected by you on the check-out page. Please be advised that shipping costs may apply to your order and that our courier cannot deliver packages without receiving a signature.

 

We will make any reasonable effort to deliver the products within the number of days specified on the Wine Shop. However, any delivery date or time specified by us is a best estimate only, and we will not be liable for any loss or damage suffered by you through any delay in delivery which is outside of our control, for example due to floods, fires,  workers' strikes or pandemics.

 

We will inform you by email as soon as the products have been delivered to our courier for shipping to you. The courier will contact you on the email you provided to us to communicate the tracking number and the information on the delivery. You will be able to track the progress of your order by entering the tracking number on the courier's website.

 

Upon delivery, and before signing any document confirming delivery, you must check the content of the delivery. If the external packaging or the content is damaged at time of delivery, please refuse to accept delivery of the package and note the damage in the proof(s) of delivery.

 

If the courier is not able to deliver the package, a new delivery date will be scheduled. In case the second attempt is also unsuccessful and you do not collect the package within the deadline and according to the instructions provided by the courier, the products will be returned to Ruffino. We will refund the price of the products returned to us, but not the shipping cost for the failed delivery to you.

 

We cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in filling in the purchase order by the User, as well as for any damage that may have occurred to the products after delivery to the carrier where the carrier has been chosen and instructed by the User, or for delays in delivery attributable to the carrier which are outside of our control. 

 

The User who makes the purchase through the Wine Shop that the person who will receive the shipment of the products purchased is of age according to the legislation applicable in the country of delivery. The carrier will not be able to complete delivery of products unless the person receiving the shipment is 18 years of age or above.

 

7. Resale of products

The resale or transfer for commercial or professional reasons of products purchased on the Wine Shop is strictly forbidden. We reserve the right to refuse to accept your order, if we suspect that you intend to resell our products.

 

8. Right of withdrawal (right to change your mind)

As a consumer, you may cancel your contract with us in relation to products purchased on the Wine Shop, without any penalty and without specifying the reason, by notifying us in writing, following the procedure described under this Section. Please note that products purchased online can only be returned following the procedure below.

 

In order to exercise your right of withdrawal from the contract, you shall notify us in writing within 14 (fourteen) calendar days, beginning on the day you receive the products (in case of purchase of multiple goods, shipped separately, the 14 days will start from receipt of the last shipment). In this case you will receive a full refund of the price of the products, including standard delivery costs paid for by you (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses related to the delivery option selected by you), and provided that the following conditions are met:

 

• the products are returned as new, undamaged and not opened; 
• any identification tag or label attached to the products are still attached to the products, as well as the disposable seal (if any); 
• the products are returned in their original packaging (if still intact) together with the delivery receipt; 
• products are returned to us within fourteen (14) calendar days of the date you notify us of your decision to withdraw from the purchase contract, at your own costs to the following address:

Tenuta Ruffino Poggio Casciano

Via Poggio al Mandorlo, 1

50012 Bagno a Ripoli (Florence), Italy.

 

To notify us of your decision to withdraw from the purchase contract, you can use the following model withdrawal form, which is, however, not mandatory:

 

Model withdrawal form

 

(Complete and return this form – also by email - only if you wish to withdraw from the purchase contract):

 

• To [Ruffino S.r.l.]- [address indicated on the pre-paid and pre-stamped return label included in your packaging], e-mail address: [please insert]:
• I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods (*)/the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only if this form is notified on paper)

–          Date

__________

(*) Delete as appropriate.

 

Once we receive the products, we will check that all conditions set forth above are met and will inform you via email if your return has been accepted. Returned products that are damaged or used in a different and additional way than strictly necessary to establish their nature, characteristics and functioning will be reimbursed after a pro-rata deduction of the decrease in value consequent to damage or use is applied. You will not receive a refund in the event your damage or misuse of the returned product is so extensive it removes all value of the product.

 

Refund of the purchase price will be processed without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. The refund will be made on the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any costs as a consequence of this refund. We may, at our discretion, suspend the refund until the goods are received or until the User has demonstrated that he has sent the goods back, whichever occurs first.

 

9. Exclusions from the right of withdrawal (right to change your mind)

Your right to change your mind and return the products (as outlined above under Section 8) does not apply to:

 

• personalized goods;
• the supply of sealed goods that  have been opened after delivery, for example sealed wine bottles where the seal has been broken and/or the cork damaged.

 

 

 

10. Warranty for defects / lack of conformity of the products

Our products are covered by a 24 (twenty-four) month warranty against defects or lack of conformity to product descriptions, as provided by law, without prejudice to the possibility that local law may provide for a different timing of the compulsory legal guarantee.

 

However, in the event that the products have an expiry date or, in general, the products are subject to deteriorate if not consumed within a term shorter than 24 (twenty-four) months from purchase – as indicated on packaging, label or other information provided together with the products - the warranty period shall only be enforceable by you until the expiry of the date indicated on the packaging.

 

To make a claim under this warranty and return the products which do not conform to their description or which are affected by a defect, you should contact us at the number/email indicated under the Section 14 -'Contact Us' below as soon as practicable and, in any case, no later than 26 months from the date of receipt of the products or the other date indicated on the packaging if shorter. The products should be returned to us as soon as possible and in any case within thirty (30) calendar days following notification to us of the defect or lack of conformity.

 

Please always remember to include your delivery and/or purchase receipt in the packaging you are returning.

 

Once we receive the products returned as damaged or defective we will examine them and will notify you of the acceptance of your return via email as soon as practicable within a reasonable period of time, in which case you may elect for a replacement of refund. If you require a refund of the price, we will process the refund due to you as soon as possible and, in any event, within fourteen (14) days from the day we confirm to you via email that your return has been accepted by us. Ruffino will refund the price of the product in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning them to us.

 

In the event that we find no fault with the returned products, or if we have reasons to believe that the products have been damaged due to misuse, you will be notified that the returned products cannot be accepted and you may elect to have the products re-delivered to you. No refund will be issued in this case. If you do not accept re-delivery, we reserve the right to retain the products and the purchase price.

 

Refunds for products returned because of defects or lack of conformity, unless differently agreed between you and Ruffino, will be processed on the same payment means used for the purchase of same.

 

11. Privacy policy

For information on how we process your personal data, please refer to the Privacy Policy of the Wine Club Site, available here https://wineclub.ruffino.it/en/privacy-policy/. For further information on our Privacy Policy or Cookie Policy you can contact our Customer Service at the email or telephone number under the Section 14 - "Contact Us" below.

 

12. Transfer of the contract

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

 

Notwithstanding the above, Ruffino reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations deriving from these Terms of Sale and the purchase contract concluded with the User, provided that the User's rights herein are not affected. If you do not agree or are not happy with the transfer or assignment, you are entitled to withdraw from the contract without any penalty. In this case we will reimburse you the price of the products you have paid for in advance, less reasonable costs we have already incurred.

 

Users are not allowed to assign or transfer in any way their rights or obligations under these Terms of Sale or any purchase contract without the written authorization of Ruffino.

 

13. Our liability to you

Nothing in these Terms of Sale will exclude or limit our liability to you for fraud, intent or gross negligence, death or personal injury caused by our negligence, breach of terms regarding title implied under any consumer law or regulation or any other liability which the applicable laws state may not be excluded or limited.

 

Where we (or our subsidiaries, affiliates, representatives, agents, officers, directors and employees) are found liable to you, you shall only be entitled to recover actual and direct damages (together with any recoverable costs or expenses) equalling the price of the products you have purchased (and for which you have a valid Order Confirmation for).

 

14. Contact Us

If you have any question or need any help in respect to the use of the Wine Club Site, the placement of an order, the tracking of products, the availability of products, the login/registration process and any further information you may need in connection with the use of our Wine Club Site and/or our products, please contact our customer service.

 

Our staff is available in English and Italian language Monday through Friday between the hours of 9 and 18 CET with the exception of holidays:

 

Email: hospitality@ruffino.it

Phone (Monday through Friday between the hours of 9am and 6pm CET (8am and 5pm GMT) with the exception of holidays): +39 3783050219.

 

15. Ineffectiveness and partial nullity

Should any clause of these Terms of Sale prove to be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be conditioned by this and will remain fully effective.

 

16. Governing law and competent court

For members having residence in the European Economic Area and Switzerland 

These terms and conditions shall be governed by and will be interpreted in accordance with the laws of Italy; it being understood that if you are resident in a different Country, the mandatory rules of your Country of residence, in particular those of consumer protection, will still apply, irrespective of the applicable law of this document. Any dispute concerning the interpretation and/or execution and/or termination of these terms and conditions will be subject to the jurisdiction of the court of residence or domicile of the member.

 

For members having residence in UK

These terms are governed by English law and wherever you live you can bring claims against Ruffino in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against Ruffino in the courts of the country you live in. Ruffino can claim against you in the courts of the country you live in.

 

Mandatory consumer information on dispute resolution (for EU countries only)

Consumer information pursuant to Regulation (EU) No. 524/2013: Please note that for the purpose of settling consumer disputes out of court, the European Commission has established a platform for online dispute resolution (ODR). The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/.

 

Consumer information pursuant to the Consumer law on dispute resolution for consumers: You acknowledge that we have no obligation to participate in any dispute resolution proceedings before a consumer arbitration panel.

 

For members having residence in Germany

Consumer information pursuant to the German Consumer Dispute Resolution Act (VSBG):  Ruffino is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.