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I. GENERAL PROVISIONS
Introduction and acceptance of the General Terms and Conditions of Sale
The present General Terms and Conditions of Sale (hereinafter also only “General Terms and Conditions”) govern the offer and sale, by Tenuta Baràc C.F. and P.iva 02645360047, with registered office Frazione San Rocco Seno d’Elvio, 40 12051 Alba (CN), of the products present on the website www.baracshop.it (hereinafter also only “Site”). The Site is intended exclusively for users who have reached the age of 18 years. A user of the Site (“User(s)”) is considered to be any of the subjects referred to in Article 2.1 below.
The General Conditions must be accepted by the User when registering on the Site, in order to be able to benefit from its contents and to proceed to the purchase of Products. The Introduction shall be considered an integral part of the General Conditions.

1. Site name and domain name ownership
1.1 The Site is owned by Tenuta Baràc (“Tenuta Baràc”), which also owns the relevant domain name.
1.2 Products may be sold either through a permanent catalog or through promotions that provide for product availability with quantity and/or time limits. The product offer concerns wines and related accessories (“Products”).
Following a purchase transaction, Tenuta Baràc will issue an order confirmation to the User and will ship the purchased products.

2. Subjective and objective scope of application of the General Conditions of Sale
2.1 Purchases made through this Site constitute a distance contract for the sale of Products, concluded between Tenuta Baràc and:
1 the consumer or user (“Consumer”), meaning, pursuant to Article 3 of Legislative Decree No. 70 of 9 April 2003 (“E-Commerce Decree”) and Article 3 of Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”) as amended by Legislative Decree 21 of 21 February 2014 and Legislative Decree 130 of 2015 “the natural person acting for purposes unconnected with any entrepreneurial, commercial, craft or professional activity carried on”; or
-2 the professional (“Professional”), meaning, pursuant to Article 3 of the Consumer Code “the natural person acting in the exercise of his entrepreneurial, commercial, craft or professional activity, or an intermediary thereof”; or
-3 a person who, pursuant to Article 3 of the E-Commerce Decree ‘for professional or non-professional purposes, uses an information society service, in particular to search for or make accessible information’. The latter category includes all legal entities that purchase the Products sold on this Site and defined, for the purposes of these General Terms and Conditions of Sale, as a “Company”.

The legal discipline applicable to the subjects under points A. and B. above is that provided for by the Decree on electronic commerce and the Consumer Code, while for the subjects under point C. it is exclusively the legal discipline provided for by the Decree on electronic commerce.
2.2 The applicable General Terms and Conditions are those in force on the date the purchase order is sent and are available in the Italian language.
2.3 Should any provision contained in these General Conditions be invalid, void or otherwise unenforceable, the same shall not affect the validity and/or effectiveness of the other contractual provisions.
2.4 These General Conditions do not govern the sale of products by parties other than Tenuta Baràc and which may be present on the Site via links, banners and/or hypertext links. Such methods of communication represent for Tenuta Baràc an autonomous and distinct sales channel, over which Tenuta Baràc does not carry out any control and/or monitoring. Tenuta Baràc is in no way responsible for the provision of services and/or the sale of products by such parties. Before entering into commercial transactions with such parties, it is necessary to check their terms and conditions of sale.

3. Amendments and/or variations to the General Conditions
3.1 Before proceeding to purchase, the Consumer and/or the Professional and/or the Company is required to read carefully all the information that Tenuta Baràc provides to him through the Site, both before and during the purchase procedure, as well as to examine these General Conditions of Sale, which Tenuta Baràc makes available in the “Terms and Conditions” section of the Site.
3.2 The General Terms and Conditions may be amended at any time in order to maintain their compliance with the laws and regulations that may come into force, or even in order to offer different and additional products to those currently on sale.
3.3 Any amendments and/or new conditions shall be in force from the moment they are published on the Site in the “General Terms and Conditions of Sale” section, with an indication of the date of update. Users are therefore invited to regularly access the Site and consult the most updated version of the General Terms and Conditions before making any purchase.

II. SITE REGISTRATION, PURCHASE AND DELIVERY OF PRODUCTS
4. Site Registration and Account Management
4.1 In order to browse and use the services offered on the Site, you do not need to complete the Registration procedure. The purchase of Products is possible after Registration. Registration is free of charge. Users who register on the Site must provide some personal data and follow all the steps of the procedure (“Registration”). At the time of registration, the User will be asked to choose a username and password, which the User undertakes not to pass on, even temporarily, to third parties and to keep with due care, diligence, and secrecy under his own responsibility, these credentials being the only means to identify the User and to validate his access to the offers. Each User is solely responsible for the accuracy and/or completeness of the personal data provided during the conclusion of the contract. The User is therefore informed that all acts performed through the use of said credentials shall be attributed to him and shall be binding on him. The communication of data relating to third persons, of false, invented, fictitious and/or in any way, untrue data is also prohibited.
4.2 Registration allows the User to access the personal area called “Account” (“Reserved Area”). In the Reserved Area, the User can consult at any time his data provided at the time of Registration, his shopping cart containing the Products not yet purchased and the list of Products purchased.

4.3 The User is required to immediately inform Tenuta Baràc of any unauthorised or improper use of his access credentials or to report any violations by third parties. If Tenuta Baràc finds violations, it may at its own discretion inhibit access, permanently delete the information contained therein or refuse the opening of new accounts by the same User.
4.4 At any time the User may update and/or modify or request the deletion of the information provided during Registration. In the event of a request for cancellation, however, Tenuta Baràc may temporarily retain, in whole or in part, such information, for the sole purpose of executing any purchases made and/or to conclude accounting and tax procedures.

5. Information on the conclusion of the contract for the purchase of Products
5.1 In accordance with the Decree on electronic commerce, Tenuta Baràc informs that, in order to conclude the contract for the purchase of the Products, the Consumer and/or Professional and/or Company must purchase the Products through the Site, following the instructions provided and make the payment in the manner described in Article 8.
5.2 The contract is concluded once the payment envisaged for the purchase of the Products has been successfully made. Following the conclusion of the contract, Tenuta Baràc shall send the Consumer and/or Professional and/or Company, to the e-mail address indicated during the purchase phase, the order confirmation. The order shall be stored in Tenuta Baràc’s database for the time necessary to execute it and, in any case, within the terms of the law.
5.3 The language available to the Consumer and/or Professional and/or Company for the conclusion of the contract is Italian.

6. Purchase of Products
6.1 The purchase of the Products by individuals is permitted only to individuals who have reached the age of 18 years. In any case, Tenuta Baràc informs Users not to sell alcoholic beverages to persons under 18 years of age. By sending orders, the User guarantees that the person placing the order and, if different, the recipient of the goods are both over the age of 18.
6.2 The pictures accompanying the information sheets of a product or an offer may not be perfectly representative of its characteristics but differ in colour, size and accessory products in the picture. All purchase support information is to be understood as mere general information material, and therefore does not refer to the actual characteristics of an individual offer.
6. 3 Tenuta Baràc reserves the right to refuse or cancel orders that come (i) from a Consumer and/or Professional and/or Company with whom it has an ongoing judicial or extrajudicial dispute; (ii) from a Consumer and/or Professional and/or Company who has previously breached these General Conditions; (iii) from a Consumer and/or Professional and/or Company who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments (iv) by a Consumer and/or Professional and/or Company that has provided false, invented, fictitious, incomplete or in any case inaccurate identification data and/or in any way not corresponding to the truth or referring to third persons; (v) by a Consumer and/or Professional and/or Company that has violated the prohibition set out in art. 6.4 below.

6.4 Tenuta Baràc does not include tax documentation in its packages, it issues a receipt, but does not send it unless expressly requested; those who wish to receive an invoice must request it at the time of purchase. The Consumer and/or Professional and/or Company undertakes to hold Tenuta Baràc harmless and indemnified against any damage, obligation to pay compensation and/or penalty that may arise and/or be imposed on it in the event that such information is not accurate and/or does not correspond to the truth. No change in the invoice shall be possible after the invoice has been issued

7. Prices
7.1 The prices are expressed in Euro and are inclusive of VAT. Tenuta Baràc reserves the right to apply discounts and promotions to Users.
7.2 The shipping costs of the Products may be fixed or variable, calculated according to the number of items selected and/or the destination address of the goods. Shipping costs may also be included in the sale price of certain articles or may be free of charge in the cases provided for by Tenuta Baràc. The User is in any case always informed of the amount of shipping costs before concluding the purchase procedure and making payment.
7.4 The validity of promotional offers may be subject to quantity or time limitations, after which they may no longer be available. Tenuta Baràc may change the duration or quantity of an offer at any time and at its own discretion, it being understood that it will follow up orders placed during the validity of a given offer. An offer may be published several times over time. In some cases it is possible that the availability of a good may end after the purchase: in these cases Tenuta Baràc will refund the User if the conditions are met. It is also possible that for some offers of goods a specific variant is not guaranteed and the User will be asked to specify one or more preferences at the time of purchase: in such circumstances the User is aware that he may receive a different variant of the product than the one chosen at the time of purchase.
7.5 In the case of promotional sales, the full price indicated in the offer (“Discounted Price”) and against which the discount that Tenuta Baràc applies is calculated, may correspond to the list price to the public. The manner in which the Discounted Price is calculated may vary from product to product.

8. Methods of payment
8.1 Payment for the Products may be made by the following methods:
PayPal
In this case the Consumer and/or Professional and/or Company shall authorise PayPal to proceed with the payment at the request of Tenuta Baràc in accordance with the procedure provided for and regulated by PayPal, under the terms and conditions agreed between the same and the Consumer/Professional/Company.
Bank Transfer
The bank details for the bank transfer will be provided by Tenuta Baràc for the purpose of finalising the contract. To facilitate the link between the payment received by bank transfer and the order placed, the Consumer and/or Professional and/or Company is asked to indicate in the reason for the bank transfer the order number, as indicated in the order confirmation email.
Other payment methods
The Site may indicate other methods of payment accepted by Tenuta Baràc for the payment of the Products. In this case the Consumer and/or Professional and/or Company shall authorize the provider of the chosen service (e.g. Satispay) to proceed with the payment at the request of Tenuta Baràc in accordance with the procedure provided for and governed by, the terms and conditions of the contract agreed between the same and the Consumer/Professional/Business.
8.2 The sums due shall be debited, unless otherwise specified in the terms of the offer, upon confirmation of payment. Tenuta Baràc will ship the Products to the Consumer and/or Professional and/or Company only after receiving confirmation of successful payment (i.e. for payment by bank transfer upon receipt of the amount due).
In the event that the payment is not successful, Tenuta Baràc shall inform the Consumer and/or Professional and/or Company by e-mail who may
proceed with payment again using the same method; or
proceed again with the payment using a different method than the one previously used but still falling within those indicated in Article 8.1

Should the payment by credit card and/or debit/prepaid card and/or Paypal not be successful, the Consumer and/or Professional and/or Company must proceed with the payment of the Products by bank transfer. If the payment is not successful with any of the methods indicated above, the order shall be considered terminated pursuant to and for the purposes of Article 1456 of the Italian Civil Code and the Consumer and/or Professional and/or Company shall be notified by e-mail.
In all cases, the User is solely responsible for any indication of incorrect and/or incomplete personal details or delivery address, with the consequent possibility of loss of the sum paid if the Products are delivered to strangers.
8.3 Tenuta Baràc does not store data on payment instruments (e.g. credit card numbers), which are processed by the relevant payment service providers. The actual payment takes place after the User is transferred to a secure, encrypted page of the banking service. Only once the transaction has been completed does the banking service provider inform Tenuta Baràc of the outcome of the payment, without providing any information concerning the credit card used. For this reason, Tenuta Baràc has no power over the possible refusal of the credit card used for payment. Tenuta Baràc cannot therefore be held liable in any way for direct or indirect consequences arising from the use of the credit card by the user to make payment for products and/or services purchased.

9. Shipping and delivery
9.1 Tenuta Baràc accepts orders with delivery exclusively within the Italian territory. Tenuta Baràc, unless otherwise specified on the product sheet on the Site, undertakes to ship the goods within 2 working days from the date of receipt of payment. In the remote event that the goods become unavailable for any reason after receipt of the order, a refund of any payment received will be issued, at no cost to the User. The User may be informed by email when the product is dispatched.
9.2 The User will be communicated, if available, the name of the courier and the tracking code of the shipment (Waybill or “Tracking”), through which it will be possible to follow its status. Tenuta Baràc cannot guarantee that several products purchased at the same time will be delivered with a single shipment, nor that any different shipments will arrive at their destination at the same time. An exact date or time of delivery cannot be guaranteed as this depends on the carrier, the destination address and the person in charge of delivery. Tenuta Baràc cannot therefore be held responsible for any direct or indirect consequence deriving from these timings. Unless otherwise specified during the purchase process, the delivery of the ordered items is to the street level.
9.3 For the shipment of bottles, Tenuta Baràc uses packaging designed to guarantee the integrity of the product and approved by the courier. In any case, upon delivery of the goods by the courier, the User will be required to verify that the packaging is intact, not damaged, or in any case altered, even in the closing materials (adhesive tape or strapping) or that there is no liquid leakage. Any damage to the packaging and/or the product must be immediately disputed by the User, by placing a written reservation of control (and specifying the reason for the reservation, e.g. “Packaging with holes”, “Packaging crushed”, etc.) on the courier’s delivery document. Once this document has been signed, the User will no longer be able to make any objection about the characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 14 days of delivery, by writing an email to
9.4 In the event of non-delivery of the goods within the time indicated, the User will be required to notify Tenuta Baràc, which will verify with the courier the status of the shipment and any anomaly. Following a documented shipping anomaly (e.g. a package lost or destroyed during transport), Tenuta Baràc will send the product again, subject to its availability in stock, at no additional cost or burden for the user, or refund the order in full in case of non-availability.

III COMPLIANCE AND LIABILITY
10. Product Compliance
Each Product conforms to the contract if it corresponds to its description on the Site and can be freely consulted in the appropriate product sheet (“Product Sheet”), where the main characteristics are indicated. The User is also aware that the images used on the site may sometimes be only indicative of the product and not always faithfully represent the product delivered. In the event of products that are found to be non-compliant, the User will contact Tenuta Baràc by sending an email to the address Tenuta Baràc will contact the user and will check the necessary and, in the event of a defect, will collect the product and subsequent replacement or proceed with the refund by crediting the ticket originally used for payment.

11 Responsibilities and remedies attributed in favour of the Consumer and/or Professional and/or Company
11.1 Tenuta Baràc shall not be liable for damages that may arise from the use of the Site such as computer viruses, omissions, service interruptions and software failures, including to the detriment of the User’s computer equipment, which prevent or delay the provision of services if these are due to external causes, force majeure and/or third parties beyond their control.
11.2 In addition to what is indicated in the previous paragraph, Tenuta Baràc cannot in any case be held responsible for delays or defects or discrepancies due to events beyond its reasonable control such as, by way of example: (i) force majeure events; (ii) events dependent on third parties such as the interruption or malfunction of the services of telecommunications operators and/or power lines, or acts or omissions on the part of carriers or freight forwarders.
11.3 Tenuta Baràc is liable in the event of non-supply and/or non-conformity of the Products, once it has been ascertained that the Consumer and/or Professional and/or Company has paid for the Products.
11.4 It is understood that, according to current legislation, the Consumer and/or Professional and/or Company bears the burden of proving the breach of contract by Tenuta Baràc, as well as the consequent damage suffered.
11.5 In the event of any of the above-mentioned hypotheses, the Consumer and/or Professional and/or Company has the right to request the termination of the contract and the refund of the amount paid.

IV. WITHDRAWAL
12. Right of withdrawal – CONSUMER AND/OR PROFESSIONAL
12.1 The Consumer and/or Professional has the right to withdraw from the contract for the purchase of the Products without having to provide any reason and without having to incur any cost within the term of 14 calendar days (“Withdrawal Period”) calculated from the day of receipt of the purchased product, pursuant to and for the purposes of art. 52 paragraph 1 of the Consumer Code.
12.2 In order to exercise the right of withdrawal, the Consumer and/or Professional must inform Tenuta Baràc before the expiry of the Withdrawal Period of his/her intention to do so.
12.3 To this end, the Consumer and/or Professional may submit any explicit declaration of his/her decision to withdraw from the contract (“Declaration of Withdrawal”).
This is without prejudice to the possibility for the Consumer and/or Professional to use, for the purpose of exercising their right of withdrawal, also and alternatively, the Standard Withdrawal Form as provided for in Annex I, part B of the Consumer Code, which can be downloaded online.
The Declaration of Withdrawal must be issued in writing and sent:
by registered mail with acknowledgement of receipt to the registered office of Tenuta Baràc located in Frazione San Rocco Seno d’Elvio, 40 12051 Alba (Cn); or
by sending an email to the following address
Since the burden of proof relating to the valid exercise of the right of withdrawal lies with the Consumer and/or Professional, the Consumer and/or Professional is invited to indicate in the Declaration of Withdrawal or in the Standard Withdrawal Form the order number, the specific indication of the Products for which the right of withdrawal is to be exercised and their name and surname.
12.4 Following the correct exercise of the right of withdrawal, unless Tenuta Baràc collects the goods directly, the User will have the responsibility to return the goods without undue delay and in any case within 14 days from the date on which the User has communicated to Tenuta Baràc his decision to withdraw from the contract pursuant to art. 54, c. 4. The User must visibly apply to the packaging the document received from Tenuta Baràc following the above notice of withdrawal, which already indicates the shipping address and the details relating to the order necessary to identify the return to destination. The User is advised to include a copy of this document also inside the packaging, in order to avoid its loss or the impossibility of identifying the return once it has arrived in the warehouse. The relative costs of shipping the goods will be borne by the User, unless Tenuta Baràc has informed the same in this regard at the time of conclusion of the contract, in accordance with art. 57 paragraph 1 of the Consumer Code.

13. Right of withdrawal – COMPANY
With regard to the Company’s right to exercise the right of withdrawal, reference should be made to the applicable provisions of the Italian Civil Code. The right of withdrawal must be exercised in writing and the relevant communication must be sent:
by registered mail with acknowledgement of receipt to the registered office of Tenuta Baràc located in Frazione San Rocco Seno d’Elvio, 40 12051 Alba (Cn); or
by sending an email to the following address

14. Exceptions to the right of withdrawal
14.1 Tenuta Baràc reserves the right to verify that the Products, for which the User is solely responsible pursuant to art. 57, paragraph 2, of the Consumer Code (if Consumer or Professional), or of the related rules referred to in the Civil Code (if Company), is in the same state in which it was delivered or that the product has not been altered in its essential and qualitative characteristics and preserves, as far as possible, its original packaging and label. In the event that this is not available, the User will be required to return the product suitably packaged, in order to preserve its integrity.
14.2 Tenuta Baràc may refuse to accept a withdrawal for products that have been consumed, even partially. In this case, Tenuta Baràc will reject the withdrawal request by means of a communication sent to the email address of the Consumer and/or Professional and/or Company indicated during the sale.

V FINAL CLAUSES
15. Industrial and Intellectual Property Rights
It is forbidden to reproduce, even partially, the content and graphics of the Site, as well as the distinctive signs of Tenuta Baràc and its partners, visible within the Site.

16. Governing Law; Alternative Dispute Resolution/Online Dispute Resolution
16.1 The purchase contract concluded on the Website is governed by Italian law.
16.2 In the event that the Products have been purchased by the Consumer, the Court of Asti shall have jurisdiction.
16.3 Tenuta Baràc also informs the Consumer that a European platform for the on-line resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/.
In any case, the right of the Consumer to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, if the conditions are met, to promote an out-of-court resolution of disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.
16.4 The Consumer who resides in a Member State of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Conditions to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found on the www.eur-lex.europa.eu website.
16.5 In the event that the Products have been purchased by a Professional and/or a Company, the Asti Court shall have jurisdiction.

17. Contact Us
17.1 It is possible to ask for information, send communications, request assistance or submit complaints, by contacting Tenuta Baràc in the following ways:
by registered mail with acknowledgement of receipt to the registered office of Tenuta Baràc located in Frazione San Rocco Seno d’Elvio, 40 12051 Alba (Cn); or
by sending an email to the following address
17.2 Tenuta Baràc will respond to complaints submitted within five working days – excluding holidays and/or closures of Tenuta Baràc – from receipt of the same.

Last update date: 13 July 2022

Notice / Avviso


Purchases on the SHOP are possible for all countries except Italy.
For purchases from Italy, click here: Italian shop

Gli acquisti sullo SHOP sono possibili per tutti i paesi tranne l'Italia.
Per acquisti dall'Italia, clicca qui: Shop italiano

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