Definition and object of the contract

Contracts entered into with Senera through the Site are governed by Italian law and in particular by D.Lgs. n. 70 of April 9, 2003, as amended.

These terms and conditions apply to distance contracts (hereafter: “Contract”) concerning the distance sale of bottles of wine (hereafter: “Goods” or “Products”) communication techniques, such as online sales through a website.

The Contract is entered into between Fattoria Sella Nera di Joseph Vincent Anza (C.F. NZA JPH 79S05 Z404D/ P.I. 01452590522) with registered office in Montepulciano (SI), Via di Gracciano nel Corso no. 73 (hereinafter: “Senera”), and the customer/user/consumer art (hereinafter: “Customer”).

If the Customer is a consumer, that is, a natural person acting for purposes unrelated to the same his or her professional activity, the Contract is also governed by the rules established by the Legislative Decree September 6, 2005, no. 206 (hereinafter referred to as the “Consumer Code”).

These general conditions of sale (hereinafter: “General Conditions”) and in particular the ‘information pursuant to Art. 52 of the Consumer Code will be posted, visibly, on the Site and will be valid and effective until amended and/or supplemented by Senera.

Any changes and/or additions to the General Conditions will be effective immediately and will apply to sales made after that date. In any case, the updated version of General. Conditions will be available on the website.

Contractual Scope

The purchase of products is allowed only to those who:

(a) that I have read and accepted the information on the processing of personal data (hereinafter, for brevity, the “Privacy Policy”)

b) have accepted these General Terms and Conditions
(c) are over 18 years old

Mode of purchase

Without prejudice to the provisions of the preceding paragraph, in order to proceed with the purchase of one or more Goods offered on the Site, it is also necessary to complete the order form (hereinafter: “Order”) in electronic format prepared on the Site and transmit it to Senera by following the relevant instructions and proceeding with payment by credit card or PayPal, which will, however, be charged only in the event of the conclusion of the Contract and therefore at the time of sending the Summary e-mail. Senera undertakes to confirm receipt of the Order by sending an e-mail to the e-mail address provided by the Customer at the time of the request (hereinafter: “summary e-mail”).

In the summary e-mail, Senera undertakes to communicate to the Customer a summary of the main commercial conditions, general information about the characteristics of the product, including the availability of the Goods existing at the time of the Order, the single price, packaging costs, transportation costs, payment and delivery methods, right of withdrawal, as well as the total amount to be paid for the Order requested by the Customer.

Product availability

If after sending the Order for the purchase request made by the Customer .The goods are not, for any reason, available, Senera undertakes to notify the Customer by email, where it will be indicated the possibility of purchasing other Goods equal to or better quality than those requested by the Customer. In this case, Senera undertakes to inform the Customer of the essential characteristics of the Goods offered and any other information.

Senera undertakes to give immediate notice to the Customer of the depletion of the goods due to unforeseeable causes beyond its control, inviting the Customer to place other

Order. 

If the customer does not accept the new proposal, Senera will notify the customer of the terms and manner of refunding the price paid. Mode of delivery

Delivery will be made within 5 (five) working days from the day after receipt of the same the order. Delivery of the Goods is made on working days.

At the time of delivery, our representative may request the Customer’s ID when ordering to ascertain the Customer’s age of majority, as set forth in 2(c) above.

Right of withdrawal for the consumer customer under the Consumer Code

The Consumer Customer has the right to withdraw from the Contract, without penalty and without charge, within 14 days of receipt of the Goods by certified mail to joseph.anza@pec.it or by written notice by registered letter with return receipt to address Via di Gracciano nel Corso, 73 – 53045 – Montepulciano (SI).

The Customer who intends to withdraw from the Contract must return all Goods to the address indicated on the invoice within 14 days after notice of the exercise of ‘the right of withdrawal. You are responsible for shipping costs. Senera will proceed, as soon as possible and in any case within 14 days from ‘the date on which it became aware of the consumer’s decision to withdraw from the contract, to refund the sums paid by the Customer consumer, including initially the shipping costs paid by the latter as indicated in the order confirmation e-mail.

This article applies only if the Customer is a consumer (a natural person acting for purposes unrelated to his or her professional activity).

If damaged products are received, they will be returned to Senera who will replace them. If the goods are out of stock, the customer will be contacted by Senera who will arrange to offer the customer new products and, if these are not accepted, to reimburse the cost incurred.

Intellectual Property Rights

All rights in the Site and all materials contained therein as well as in trademarks and/or distinctive signs and/or any material or content on which intellectual, existing industrial or other property rights belong exclusively to Senera and/or other parties and/or its assigns. No rights are given to the Customer.

Jurisdiction

The Contract is governed by Italian law. Any dispute relating to the application, performance, interpretation and breach of the Contract shall be within the jurisdiction of the Court of Siena or, in the case of a consumer customer, the domicile of the Customer if the person is a consumer.

Limitations of liability

Senera assumes all risks of shipping by courier and is responsible for any damages if they occur before the receipt of the goods is signed.

Senera shall not be held liable in any way for delays in delivery of the Goods or non-delivery of the same if the delay or non-delivery was caused by exceptional causes and unforeseeable circumstances.

These Terms and Conditions do not regulate the sale of products and/or the provision of services provided by parties other than Senera that may be present on the Site through links, banners, or other hypertext links. Before entering into business transactions with such parties, the

Registered Users should check their own terms and conditions. Senera is not responsible in any way for the provision of services and/or sale of products by such parties. On the websites that can be accessed through such links, Senera does not perform any control and/or monitoring. Senera is therefore not responsible for the content of these sites or for any errors and/or omissions and/or violations of law by them.

Senera will process your personal data collected at the conclusion of the contract and during the course of the contractual relationship (“Data”). By way of example, the Controller will acquire the following types of personal data:

1. Biographical data, such as first and last name, place and date of birth, and residential address;
2. contact information, such as shipping address, telephone number, and e-mail address;
3. Bank details (e.g., IBAN), if provided for possible reimbursement;
4. browsing data, such as IP address, time of access to the site and/or registration to the platform, possible registration referer, methods of access to the server, numerical code indicating the status of the response given by the server (successful, error, etc.);
5. purchase data, such as average purchase value, type of product purchased, frequency of purchase, total amount purchased over time, and total number of orders placed.

Through the Site, the Owner will not acquire data of a sensitive nature or otherwise belonging to the special categories referred to in Art. 9 of the GDPR or data related to criminal convictions or offenses.

Your Data will be processed by Senera exclusively for the purposes and within the limits indicated in the following paragraph.

Senera will use your Data for the following purposes:

1. (a) for the execution of the contract

The Data indicated in paragraph 2, nn. 1-4, will be processed by Senera in order to allow you to register on the Site and use the services specifically related to it. By way of example, your Data will be processed for the management of purchase orders, for maintenance and technical assistance, and in order to improve the quality of the services offered. The Data will then be processed for the execution of the existing contract with the Owner.

The provision of Data is necessary to enable the establishment and management of the contractual relationship; failure to do so will make it impossible for us to execute the contract and provide you with the requested service.

1. (b) for marketing purposes

Direct sale. Subject to your specific consent, Senera may process your Data to send advertising material or commercial communications regarding any promotions or for market research. These communications may be sent through the use of automated systems (e.g., e-mail, SMS, push notifications) and traditional systems (e.g., paper mail).

For this processing purpose, the Data referred to in paragraph 2, nn. 1 e 2.

The consent given is revocable at any time, including with regard to automated contact systems only, by writing to joseph.anza@pec.it

Newsletter. The Data indicated in paragraph 2, no. 2, provided when subscribing to the newsletter will be used by Senera for the sole purpose of delivering the requested newsletter service. The Data will then be processed for the purpose of providing the requested service to the Data Controller. You may at any time request to unsubscribe from the newsletter by following the instructions given from time to time in any communication made for the purposes mentioned in this section.

Soft spam. The Data referred to in paragraph 2, no. 2, acquired in the context of the sale of Senera’s products through the platform may be used to send commercial communications regarding products similar to those being sold. Such processing does not require your express consent under Art. 130 of Leg. June 30, 2003, no. 196. You may, however, object to such processing at any time by following the instructions given from time to time in any communication made for the purposes referred to in this section.

1. (c) for profiling purposes

Senera may process your Data to understand your purchasing habits and preferences in relation to the products and services offered through the platform in order to offer you products and services in line with your profile.

In pursuit of this purpose, Senera may process the Data referred to in paragraph 2, nn. 1-2 e 5.

Such Data will be processed by Senera on the basis of its legitimate interest in optimizing its purchasing procedures by offering products and services that are more functional and useful to specific customer needs. Senera’s legitimate interest has been appropriately balanced with your interests and expectations during the data protection impact assessment in order to minimize the impact of profiling carried out by Senera on your legal sphere.

We remind you that, pursuant to Art. 21 of the GDPR, you may object to such processing at any time, on grounds related to your particular situation, by writing to joseph.anza@pec.it

1. (d) for the communication of your data to third parties for marketing purposes

Where provided for on the Site and subject to your specific consent, Senera may disclose your Data to third parties who may process it to send you their own commercial communications, including via SMS/MMS/VMS, push notifications and/or e-mail.

The categories of recipients to whom Senera may disclose your Data include entities that operate, by way of example, in the business sectors indicated below:

• Clothing, fashion, accessories, footwear, optics, costume jewelry, jewelry, watches;
• Lenses and eye care products;
• Underwear costumes and accessories;
• Tourism, airports, flights, ticket discounts, conventions, travel, hotels, itineraries, restaurants, resorts, agritourism, bus lines, bed & breakfasts, hostels;
• Leather goods bags and suitcases;
• Event planning, wedding, parties, concerts;
• Children and early childhood, goods and services, toys, items and services for expectant and new mothers;
• Education, culture;
• Real estate listings, buying and selling, renting, mortgages;
• Home services, remodeling, decorating, furniture, doors, window and door frames and security, burglar alarm and safes, private guards and security;
• Personal services (investigations, dating and socializing, hangouts, health and wellness, herbal and perfumery, assisted hotel services, legal and accounting advice;
• Culture and training courses, master’s degree courses, school remediation, college preparation assistance, cultural exchanges;
• Financial products, banking, retirement, loans and debt consolidation, investments, home banking, investment platforms;
• Personal aids: mattresses, chairs, elevators and elevators, ergonomic tubs, various devices including electronic devices;
• Business services (debt collection, business information, advertising and marketing, translations, interpreters, removals);
• Personnel search and selection, job vacancies, internships, traineeships;
• Prevention and safety devices;
• Food products, organic, KM zero farming;
• Beverages and soft drinks, wines and liquors;
• Energy drinks and dietary supplements (proper nutrition and fitness);
• Body care products, hair stylist, make-up, nail-art, beauty center and aesthetics, treatments, color therapy, solarium, gym, spa treatments, sporting goods;
• Specialty medical services, dental, teeth whitening, hair thickening, skin treatment and the like;
• Tattoos, piercings, and microdermis;
• Products for sanitization, pollutant monitoring, filters and purifiers;
• Air conditioning and living environment management;
• Vegetable garden and gardening, floriculture, and green thumb;
• DIY and make dates;
• Temporary warehousing, storage and the like;
• Pet services, food, care, pet care, housing and treats;
• Electrical, burglar alarm, telephone, data, satellite, digital and similar installations;
• Entertainment and recreation, video games, consoles, portable consoles, and computing;
• Multimedia entertainment;
• Subscriptions to pay channels, pay per view, pay TV, on demand, etc;
• Theme channels for children or by interest categories, multimedia content, CDs, DVDs, Bluray, Streaming and downloads;
• Thematic channels for music, hobby, cooking, technical, cultural, etc;
• Cinemas and theaters, cabaret and live shows, concerts, rehearsal rooms, recording, recording, various equipment, postproduction, mixing editing;
• Sports, dedicated channels, trade magazines, subscriptions, discounts, clothing, accessories, gyms, sports centers, events and competitions;
• Technology, computers, tabelt, cameras, telephony, TV and HiFi;
• Appliances, home furnishings, linens, artistic decoration;
• Interior design, furniture and interior design;
• Utilities and commodities: tariffs and energy and utility managers;
• Data connection, ADSL, fiber, landline, satellite, new connectivity technologies, Internet providers, Internet services, web design, social networking, and Internet-based services;
• Development of web pages, sites, applications for computers and mobile devices;
• Mobile telephony, phone operators, rates and promotions, services and initiatives;
• Associations, groups, gatherings, volunteering, social engagement;
• Print and electronic publishing, ebooks, newspapers, periodicals, comics, artwork and reproductions, collections, and stamps;
• Insurance for home, auto, personal, travel, discount rates, and promotions;
• Driving schools, point recovery, auto paperwork, special licenses, license renewal;
• Automotive, tuning, car practices, buying and selling, rental, parts, maintenance and services for the automotive and motorcycle world;
• Rallies, races, sporting events of the motor world;
• Cycling, equipment, events, services, parts and the like;
• Sea, lake and river: products and services for boating, fishing, tourism and recreation, and water sports;
• Prank pastimes based on horoscopes, astrology, magic, fortune telling, tarot cards, sports score predictions and betting;
• Contests and lotteries, sweepstakes and prize operations.

The entities or categories of entities to which your personal data will be disclosed by Senera will process such data as autonomous data controllers according to the provisions of their respective privacy policies.

For this processing purpose, the data referred to in paragraph 1, nn. 1 e 2.

The consent given is revocable at any time by writing to joseph.anza@pec.it

Your Personal Data will be stored primarily on Google Cloud servers located in the European Union.

Your Data will be stored for the duration of your contractual relationship with Senera. Following the termination of the relationship, the Data will be retained for a period of 10 (ten) years exclusively for the needs of protecting the rights of the Owner and for the fulfillment of legal obligations.

With reference to the processing for marketing purposes indicated in paragraph 2(b), we inform you that the Data will be processed for the entire duration of the contract unless you withdraw your consent or exercise your right to object to the processing.

With reference to the data processed for profiling purposes, we inform you that the Data will be processed for a maximum period of 12 months or for such different period as may be provided for by law or by measures of the Supervisory Authority, unless you exercise your right to object to the processing. After this period or in case of opposition, the data will be retained if necessary to pursue other purposes or will be permanently deleted.

With reference to the communication of data to third parties for marketing purposes, we inform you that data may be communicated until your consent is revoked, if any.

Your Data may be used for the defense by Senera in court or in the preparatory stages of its possible establishment.

Your credit card information will not be processed by Senera as it is processed and/or stored directly by the banking circuit. Senera uses professional payment services, which ensure maximum protection and confidentiality for the consumer.

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We inform you that, in accordance with current regulations, you have the following rights:

• To request and obtain information about the existence of its data in the availability of Senera and access to such data;
• For data processed by automated systems, request transfer to another owner;
• To request and obtain amendment and/or correction of your personal data if you believe it is inaccurate or incomplete;
• request and obtain the deletion – and/or restriction of processing – of your personal data if it is data or information that is not needed – or no longer needed – for the above purposes, then after the retention period indicated in the preceding paragraph has expired.

Such requests may be forwarded to the Holder by writing to joseph.anza@pec.it or by registered mail addressed to Fattoria Sella Nera di Joseph Vincent Anza, Via di Gracciano nel Corso no. 73 – 53045 – Montepulciano (SI).

We would also like to inform you that in accordance with the regulations in force, you may lodge any complaints regarding the processing of your personal data with the Data Protection Authority.

Finally, the User has the right to independently delete his or her account and personal information related to it. To delete their account, Users can click on the appropriate delete link in My Account > Edit Data > ‘To deactivate your account click here.’

Senera reserves the right to modify or simply update the content of this Privacy Policy, in whole or in part. Senera will inform you of such changes as they are introduced by posting updates on this page.