This page sets out the procedures for exercising the right of withdrawal, returning products, obtaining refunds, and handling defective, damaged or non-conforming products, in accordance with Italian Legislative Decree No. 206/2005 (Italian Consumer Code), as subsequently amended.
The right of withdrawal is reserved exclusively for consumers within the meaning of Article 3 of the Italian Consumer Code, namely natural persons who make a purchase for purposes unrelated to their business, commercial, craft or professional activities.
The right of withdrawal therefore does not apply to purchases made by professionals, businesses, companies or other parties purchasing products in connection with their professional or business activities.
Right of Withdrawal
If you have purchased as a consumer, you have the right to withdraw from the contract within 14 days from the day on which you, or a third party appointed by you other than the carrier, acquire physical possession of the goods, without having to provide any reason.
If an order consists of several products delivered separately, the 14-day period begins on the day on which the Customer acquires physical possession of the last item.
To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the 14-day withdrawal period has expired.
Conditions of Returned Products
During the withdrawal period, the Customer must take reasonable care of the products and handle them with due care.
Returned products must:
- include all items, accessories and any components originally received;
- be returned, where possible, with their original packaging, labels and any seals;
- be adequately packaged to prevent breakage, leakage or other damage during transport;
- have been handled only to the extent necessary to establish their nature and characteristics.
The Customer is responsible for any diminished value of the goods resulting from handling other than what is necessary to establish their nature and characteristics.
Wines, Sparkling Wines, Liqueurs, Spirits and Food Products
In the case of wines, sparkling wines, liqueurs, spirits and other food products, the Customer must store the products appropriately and return them properly packaged to prevent any damage during transport.
The exclusions from the right of withdrawal provided for under Article 59 of the Italian Consumer Code remain applicable, including, where relevant, those concerning goods that are liable to deteriorate or expire rapidly and sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
Personalised and Made-to-Order Products
Pursuant to Article 59 of the Italian Consumer Code, the right of withdrawal does not apply to the supply of goods made to the consumer's specifications or clearly personalised.
By way of example, the following products cannot be returned under the right of withdrawal:
- personalised wedding favours or gifts for weddings, baptisms, First Communions, Confirmations, graduations or other events;
- bottles or glasses personalised with names, initials, dates, dedications, logos, images or graphics requested by the Customer;
- products featuring labels specifically created at the Customer's request;
- personalised packaging, ribbons, tags or accessories;
- gift arrangements and packages specifically created according to the Customer's individual instructions.
This exclusion applies exclusively to products that have actually been made to order or clearly personalised.
Standard, non-personalised products normally available in the catalogue remain subject to the ordinary provisions governing the right of withdrawal, where applicable.
Further Exclusions from the Right of Withdrawal
The right of withdrawal cannot be exercised in the other circumstances provided for under Article 59 of the Italian Consumer Code, where applicable to the type of product purchased.
These include, in particular:
- goods made to the consumer's specifications or clearly personalised;
- goods that are liable to deteriorate or expire rapidly;
- sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery;
How to Exercise the Right of Withdrawal
Once the Customer has communicated their intention to exercise the right of withdrawal, the products must be returned within the following 14 days, as provided for under Article 57 of the Italian Consumer Code.
- Log in to My Account → Returns and Withdrawals, or use the button available on the order page.
- Select the type of request (withdrawal, return or damaged item), choose the products concerned and indicate the reason.
- You will receive an email confirmation containing the return instructions and the address to which the goods must be sent.: Enoteca Il Grappolo, Via Corso Italia, 209 - 80063 Piano di Sorrento (NA)
- The products must be shipped within 14 days of communicating the withdrawal, carefully packaged and in compliance with the conditions set out on this page.
Once the Customer has communicated their decision to withdraw, the products must be returned without undue delay and, in any event, within 14 days from the date on which the Customer informed the Seller of their decision to withdraw.
Return Shipping Costs
In the event that the right of withdrawal is exercised, the direct costs of returning the products shall be borne by the Customer, without prejudice to any cases in which applicable law provides otherwise.
The Customer is responsible for ensuring that the returned products are properly packaged. The packaging must be suitable for the nature of the items and, in particular, for bottles, glass containers or products that may be subject to breakage or leakage.
Refunds
The Seller shall reimburse the amounts due to the Customer without undue delay and, in any event, no later than 14 days from the date on which the Seller was informed of the Customer’s decision to withdraw from the contract.
The Seller may withhold the refund until the products have been received or until the Customer has provided proof that the products have been shipped, whichever occurs first.
The refund will be made using the same payment method used by the Customer for the purchase, unless otherwise agreed between the Seller and the Customer.
Diminution in Value of Returned Products
If a returned product has diminished in value as a result of handling beyond what is necessary to establish its nature and characteristics, the Customer will be responsible for such diminished value to the extent permitted by applicable law.
Any such diminished value may therefore result in a corresponding reduction in the amount refunded.
Any exclusions from the right of withdrawal provided for by applicable law for categories of products to which the right of withdrawal does not apply remain unaffected.
Products Damaged During Transport
The Customer is advised to check the condition of the package and the products upon delivery.
If a bottle is broken, a product is leaking, or there is any other damage attributable to transport, the Customer is advised to notify the Seller promptly and, preferably, within 48 hours of receiving the order, providing:
- the order number;
- photographs of the external and internal packaging;
- photographs of the damaged product;
- any additional information that may be useful in assessing the damage.
The Customer is also advised to retain, where possible, the product and its packaging until the assessment has been completed.
Reporting the issue within 48 hours facilitates the handling of the claim with the carrier and does not affect the Customer’s rights under applicable law.
Once the necessary checks have been completed, the Seller will proceed in accordance with applicable law and the circumstances of the specific case.
Defective, Incorrect or Non-Conforming Products
If the product received has a lack of conformity, differs from the product ordered, or presents another issue attributable to the Seller, the Customer is invited to contact us, providing the order number and, where useful, photographs of the product received.
In such cases, the remedies provided for under applicable law and the Legal Guarantee of Conformity will apply.
Legal Guarantee of Conformity
All products sold to consumers are covered by the Legal Guarantee of Conformity provided for under Articles 128 et seq. of Italian Legislative Decree No. 206/2005 (Italian Consumer Code).
The guarantee protects consumers in the event of a lack of conformity existing at the time of delivery and becoming apparent within the time limits established by applicable law.
Where the conditions provided for by law are met, consumers may exercise the remedies granted under the Italian Consumer Code.
The Legal Guarantee of Conformity is separate from the right of withdrawal and continues to apply even where the conditions for exercising the right of withdrawal are not met.
Customers are advised to retain their order confirmation, receipt, invoice or other proof of purchase.
Exchanges
We do not offer product exchanges.
Where the conditions for exercising the right of withdrawal are met, the Customer may return the product in accordance with the procedures set out on this page and receive the applicable refund.
To purchase a different product, the Customer must place a new order.
The fact that exchanges are not offered does not in any way affect the consumer's statutory rights in the event of defective, damaged, incorrect or non-conforming products.
Customer Support
For information regarding returns, withdrawals, refunds, damaged products or non-conforming products, the Customer may contact the Seller using the contact details provided on the website.
We recommend always providing the order number so that the request can be handled as quickly as possible.
Seller details and contacts
Enoteca Il Grappolo
Via Corso Italia 209, 80063 Piano di Sorrento (NA), Italy
VAT 05546511212
Phone: +39 081 190 05 870
Mobile/WhatsApp: +39 339 239 1893
Email: info@enotecailgrappolo.it