GENERAL TERMS AND CONDITIONS FOR ONLINE WINE SALES

1. SELLER IDENTIFICATION

These General Terms and Conditions of Sale (hereinafter, the “Conditions”) govern the offer and distance sale of products through the e-commerce site https://www.digiovannawinery.it (hereinafter, the “Site”) by:

Di Giovanna Società Agricola S.r.l. with registered office in C/da San Giacomo Sn – 92017 - Sambuca Di Sicilia (AG) Italy - VAT/Tax Code 02046910846, registered in the Register of Companies of Agrigento - email: info@di-giovanna.com – info@digiovannawinery.it - telephone: +39 320 658 3906 (hereinafter, the “Seller”).

2. SCOPE OF APPLICATION

2.1 These Conditions apply to all sales made through the Site, both to consumers pursuant to Legislative Decree 206/2005 and to professional clients (B2B), unless otherwise expressly agreed in writing.

2.2 The Conditions may be modified at any time by the Seller. Changes will be effective from the date of publication on the Site and will apply exclusively to orders placed after that date.

2.3 The Customer is required to carefully read the Conditions before making any purchase and to keep a copy thereof.

3. REFERENCE LEGISLATION

3.1 The contract is governed by Italian law and applicable European regulations, including but not limited to:

• Civil Code

• Legislative Decree 206/2005 (Consumer Code)

• Legislative Decree 70/2003 (Electronic Commerce)

• Regulation (EU) 2016/679 (GDPR)

• Legislative Decree 196/2003

• Directive 2011/83/EU

• Regulation (EU) 1169/2011 (Food Labeling)

• Legislation regarding excise duties and the sale of alcoholic beverages

• Legislation on the protection of minors (prohibition of alcohol sales)

3.2 For anything not expressly provided for, current legal provisions apply.

4. NATURE OF THE PRODUCTS

4.1 The products offered for sale are alcoholic beverages (wine, sparkling wines, spirits where indicated).

4.2 The Customer acknowledges that:

• wine is a natural product subject to qualitative variations

• different vintages may present different characteristics

• any imperfections do not necessarily constitute a defect

4.3 Product images are for illustrative purposes and do not constitute a contractual element.

5. SUBJECTIVE REQUIREMENTS OF THE CUSTOMER

5.1 Purchase is permitted exclusively to individuals of legal age (18 years completed).

5.2 By submitting the order, the Customer declares:

• to be of legal age

• that the data provided is truthful

• to be authorized to use the chosen method of payment

5.3 The Seller reserves the right to:

• request proof of age

• refuse or cancel suspicious orders

• suspend accounts

6. PURCHASE PROCEDURE

6.1 The Customer selects the products and adds them to the shopping cart.

6.2 Before submitting the order, the Customer views:

• the total price

• shipping costs

• delivery times

• contractual conditions

6.3 The order constitutes a binding contractual proposal.

6.4 The contract is finalized only upon:

• sending the order confirmation email

• express acceptance by the Seller

6.5 The Seller may refuse orders in case of:

• product unavailability

• pricing errors

• suspected fraud

7. PRICES AND INVOICING

7.1 Prices are expressed in Euro (€) and include VAT, unless otherwise indicated.

7.2 Shipping costs are indicated separately.

7.3 The Seller may modify prices without notice, without prejudice to the price applied to the confirmed order.

7.4 Invoicing:

• at the Customer's request

• subject to the provision of tax data

8. PAYMENT METHODS

8.1 Payments can be made via:

• credit/debit cards

• PayPal / Stripe

• bank transfer

• other indicated systems

8.2 The Seller reserves the right to carry out anti-fraud checks.

8.3 In case of non-payment, the order will be cancelled.

9. SHIPPING AND DELIVERY

9.1 Shipments are made via selected couriers.

9.2 Estimated times: from 3 to 7 days based on the destination.

9.3 The Customer is responsible for the address provided.

9.4 At the time of delivery:

• an identity document may be requested

• delivery to minors may be refused

9.5 Failure to deliver:

• storage costs at the Customer's expense

• possible cancellation of the order

10. PASSING OF RISK

10.1 The risk passes to the Customer at the time of delivery.

10.2 In the case of a consumer, the risk remains with the Seller until actual delivery.

11. RIGHT OF WITHDRAWAL

11.1 The consumer Customer has the right to withdraw within 14 days.

11.2 Withdrawal must be communicated to: info@di-giovanna.com

11.3 The Customer must return the products:

• intact

• unopened

• in the original packaging

11.4 Exclusions:

• opened bottles

• perishable products

• personalized goods

11.5 Refund within 14 days of receipt of the return.

12. LEGAL WARRANTY OF CONFORMITY

12.1 Pursuant to articles 128 et seq. of the Consumer Code.

12.2 In case of defect:

• replacement

• price reduction

• refund

12.3 The defect must be reported within 2 months.

13. LIMITATIONS ON THE SALE OF ALCOHOL

13.1 Absolute prohibition of sale to minors.

13.2 The Seller adopts age verification systems.

13.3 The Customer undertakes not to:

• purchase on behalf of minors

• resell illegally

14. LIABILITY

14.1 The Seller is not responsible for:

• improper use of products

• delays not attributable to them

• force majeure

14.2 In any case, liability is limited to the value of the order.

15. FORCE MAJEURE

15.1 Events beyond the Seller's control:

• strikes

• pandemics

• logistical interruptions

• natural events

15.2 In such cases:

• suspension of obligations

• no liability

16. INTELLECTUAL PROPERTY

16.1 All contents of the Site are protected.

16.2 Reproduction without authorization is prohibited.

17. DATA PROTECTION

17.1 Data is processed pursuant to the GDPR.

17.2 Purpose:

• contract execution

• legal obligations

• marketing (subject to consent)

17.3 Data Controller: Di Giovanna Srl

18. TERMINATION OF THE CONTRACT

18.1 The Seller may terminate the contract in case of:

• violation of the conditions

• non-payment

• fraud

19. DISPUTE RESOLUTION

19.1 The Customer can access the ODR platform for dispute resolution.

20. APPLICABLE LAW AND JURISDICTION

20.1 Italian Law.

20.2 Jurisdiction: Agrigento

• consumer → place of residence

• professional → Agrigento

21. FINAL CLAUSES

21.1 Partial invalidity does not invalidate the rest.

21.2 The Customer declares to have read and accepted.

22. SPECIFIC APPROVAL OF CLAUSES

Pursuant to articles 1341 and 1342 of the Civil Code, the Customer expressly approves the following clauses:

• 5 (subjective requirements)

• 6 (conclusion of contract)

• 9 (delivery)

• 11 (withdrawal limitations)

• 14 (limitation of liability)

• 18 (termination)

• 20 (competent court)