Terms and conditions

General Conditions
(pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 as amended and supplemented)
1. Background and effectiveness of the General Terms and Conditions
These general terms and conditions of sale (hereinafter, “General Terms and Conditions”) are aimed at regulating the purchase of products and services, made at a distance and made available, via the Internet, from the website www.tooscans.com (hereinafter, the “Site”) in compliance with the Italian legislation set forth in Legislative Decree 206/2005 as amended and supplemented (hereinafter, “Consumer Code”).
The seller of the products and owner of the Site is: Omnia Consult s.r.l. headquartered i Viale Bicchierai, 129 Montecatini Terme (PT) P.IVA 01783960477
The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to read carefully these General Conditions that have been made available to him on the Site and that will be available at all times by the Customer also through the link contained in the confirmation email of each order to allow him to reproduce and store them.
In the event that the person making purchases on the Site requires the issuance of an invoice and/or is otherwise not a “consumer or user” as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the rules on withdrawal in art. 7 and 8 of these General Conditions nor, more generally, the provisions that under the same Consumer Code apply only to “consumers”.
Contracts concluded with Omnia Consult s.r.l. through the Site are governed by these General Conditions in accordance with Italian law. The language available to conclude the contract is Italian.

2. Choosing and Ordering Products
The characteristics and price of the various products for sale on the Site (hereinafter referred to as “Product” or “Products”) are shown on the page relating to each Product.
In order to purchase Products, the Customer must complete and submit the order form in electronic format, following the instructions contained in the Site. The Customer shall add the Product to the “Shopping Cart” and, after having read the General Conditions and Privacy Policy and confirmed their acceptance, shall enter the shipping and possible billing information, select the desired payment method and confirm the order.

Alcoholic products on the site and in particular in the product categories “Wines and Beers” and “Spirits and Liqueurs” are currently available for purchase only for shipping within Italy.

By submitting the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and fully accepts these transcribed General and Payment Conditions.
The contract entered into between Omnia Consult s . r . l. and the Customer shall be deemed concluded with the acceptance of the order by Omnia Consult s.r.l. This acceptance is communicated to the Customer through an email confirmation of the order itself containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery charges. The Customer will check the confirmation email and if he/she identifies any errors in the order, he/she will have 12 hours from receipt of such email to contact Customer Service directly from the Site using the appropriate contact form accessible via the “Support” tab. After this period, the order will be put into processing for shipment and no more changes will be accepted, without prejudice to the Customer’s rights under Article 7 below.
Once the order has been received, Omnia Consult s.r.l. will check the availability of stock for the fulfillment of the order. In the event that one or more Products are not available, the Customer Service of Omnia Consult s.r.l. will send timely notice by email to the Customer who, within the next 12 hours, will be entitled to respond to confirm the shipment of any additional Products available or cancel it. In case of no response within this period, the order will be considered confirmed and the available Products will be put into shipment. If only a few Products are not in stock, Omnia Consult s.r.l. will process the order with the available Products. In both cases, the amount related to the missing Products will be reversed immediately depending on the payment method chosen.

2. bis Horeca Section

Within the site is activated a HoReCa section dedicated exclusively to customers with VAT number and with the possibility of concluding purchase orders on the condition that the total amount of the same is not less than 300.00 euros (three hundred/00 euros) after taxes. Within this section and visible only to those who will have registered with a VAT number and who, presumably but not necessarily, operate in the HoReCa sector will be included, starting in January 2020, products with larger formats and, in addition, qualified persons will be able to purchase the products in the ordinary price list at more advantageous conditions. A 20% discount will be applied on all products except for alcoholic beverages for which the discount will be 15%. Cannot be combined with any other current offers.

Ho.Re.Ca. products are marked with the appropriate symbol

Transportation prices will be related to the quantity of products and their resulting total weight with the identification of three cost brackets as shown below:

International Shipping

Shipping Italy and San Marino

For shipments to Switzerland and for those with a total weight higher than indicated in the previous tables, Omnia Consult s.r.l. will proceed once the first stage of the order is finalized by the interested party up to the specific request of the “transportation cost”. Following this and as soon as possible Omnia Consult s.r.l. will send the requested information and only in case of acceptance by the customer the actual order will be closed.
The ordered products will be delivered with the carrier chosen by Omnia Consult s.r.l. within a period of 7 (seven) working days from the day after the day on which Omnia Consult s.r.l. will have confirmed the order to the customer through a specific e.mail.

For the sake of correct communication, it is reiterated that orders in the HoReCa section, with the option to purchase ordinary products on more advantageous terms, can only be processed if the amount of the same is not less than EUR 300.00 (three hundred/00 euros) after taxes.

3. Product Information
Product information and characteristics are available, with the relevant Product codes, on the Site. Food products on this site will be shipped with a remaining shelf-life of not less than 8 days.

The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves is for the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet shall always prevail.

Gift boxes will always be packaged to safeguard the integrity of the products in them. Therefore, the package that will be shipped may not match its photographic representation on the site.

3.1. Products on Offer
The category of Products on Offer (“Special Offers”), with different levels of discounts applied, also includes products that have almost reached the end of their shelf-life in accordance with the previous article.

3.2. Sale of services
In the Tooscans Wine Academy category, activities and services related to the world of wine and food will be available and, in particular, courses that will be held either in-person or online and, from time to time, will be made available to interested parties.
The conditions of access to each individual course will be indicated within the article/service present in the Tooscans Wine Academy category.

4. Prices and shipping (for Horeca section see art. 2 bis above)
Product prices are inclusive of all taxes and duties except for any customs duties that will be borne by buyers. All prices are in Euros.
Shipping to Italy: euro 7.90
For Calabria, Sicily and Sardinia: euro 11.90
Free shipping to Italy with purchases over euro 69
Shipping Abroad (only to countries listed):
Countries Zone 1: euro 17.90
Countries Zone 2: 41.90 euros
Countries Zone 3 euro 39.90

Free shipping for Zone 1 countries with purchases from 149 euros and for Zone 2 and 3 countries with purchases from 199 euros.

There is no shipping charge for the sale of serizi.

5. Payment and billing methods
5.1 Payment methods
The Customer may make payment of the price of the Products and related delivery charges by credit card, PayPal, bank transfer, cash on delivery (Italy only):
Credit Card
The circuits on which you can purchase within the Site are:
Visa / Visa Electron
Mastercard
To ensure maximum security, the Customer will make the payment transaction directly on the bank’s secure server.
The Site does not store the Customer’s credit card number, but thanks to the secure communication system of the Reference Credit Institution, from the second charge, the Customer who wishes to do so – by selecting the appropriate option – will be able to proceed with the purchase without entering his data again. The Reference Credit Institution uses the SSL protocol to encrypt the data transmitted between its server and the Customer’s browser.
PayPal
Once the order has been confirmed, the Customer will be redirected to PayPal’s website where he/she will be able to make the payment with his/her account or by using a card, including a prepaid card, or in any case according to the methods accepted by Paypal and in compliance with its conditions.
GooglePay
Through the Nexi platform
Bancomat Pay
Through the Nexi platform
Bank transfer
The Customer must make the transfer within 3 days from the date of the order for orders relating to products that will be sent only upon verification of actual payment. If payment does not occur within 3 days the order will be cancelled and the goods made available again for purchase by other Customers. The Customer who has not made the transfer may be contacted by Customer Service in order to clarify whether the cause of non-credit is due to the Customer’s desire not to confirm the purchase or to other causes.
Data for the transfer: c / c: .
Headed to : Omnia Consult s.r.l.
IBAN: . IT 67 I 02008 70461 000105290703
BIC/SWIFT: UNCRITM1547
Bank: Unicredit – Agency of Montecatini Terme (PT)
Reason: the Customer must indicate in the reason for the transfer the date and the order number, which can be found in the confirmation email (ex. “Order 01/01/14 n. 100012345”).
For transfers from abroad will be charged a fee of 10 euros for bank charges.
Cash on delivery for cash
Payment will be made by the customer in cash on delivery directly to our carrier. The cost of the service charged to the customer is euro 4.00. The service is active only for shipments in Italy. Accepted up to payments of less than euro 300.00.

Cash on Delivery Regulations (Italy only)

In order to take advantage of the cash on delivery service and to counter any misconduct by unruly customers, it is essential to be aware of and accept the conditions below: Confirmed the order you have until the time of shipment to be able to cancel it Once shipped the order can be canceled only by paying the shipping costs (outward, storage and return)
By choosing the method of payment on delivery the buyer binds himself to the collection and payment of the goods, the package can not for any reason be refused.
Our orders are processed within 24/48 working hours, however, delays in delivery or errors on the part of the courier are possible (although rare), such delays are not justification for any rejection of the parcel
Failure to deliver due to refusal, incorrect address or unavailability of the customer will result in the charge of shipping costs (outward, storage and return) for a minimum amount of 40.00 euros to be borne by the customer.
In case of non-payment of the fees we will proceed to enforced recovery of the amounts with additional charges .
By confirming the order you declare that you have read and accepted these conditions without reservation
5.2 Invoicing of orders
If the purchase is made by a professional/company, it will be possible to request the issuance of an invoice by checking the appropriate box during the order process and entering the invoicing data including tax code and/or VAT number. In this case, the invoice will be sent via email to the indicated address. The professional/company is responsible for the correct entry of the billing data and is expressly informed that if the invoice is not requested during the order process, it will not be possible to request it later.

6. Transport and delivery Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase process in the appropriate field “Shipping Data”.
All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. From April 15 to October 15, in the interest of the customer, parcels containing products to be stored at controlled temperature will not be shipped on Fridays and pre-holidays
Omnia Consult s.r.l is not responsible for delays that cannot be foreseen or attributed to it.
Once the Products have been shipped, the Customer will receive a confirmation email including a link to refer to for tracking the shipment.
Active delivery services in Italy:
BRT express and TNT express (by road) within 48h from order completion except for Calabria, Sardinia and Sicily, for which delivery will take place within 72h
The service provides 2 delivery attempts at the address indicated at the time of order. A notice will be left after each step. At the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by phone at the telephone number provided, to arrange delivery. If not traceable or absent, the goods will be returned to the warehouse.
Active delivery services abroad:
DHL express (by air) – BRT express (by road)
Omnia Consult s.r.l. reserves the unquestionable right to decide which carrier to entrust with the delivery within the indicated time.

Countries where the service is active:
Countries Zone 1:
Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Monaco, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden.
Countries Zone 2:
Albania, Belarus, Bosnia and Herzegovina, Iceland, Liechtenstein, Macedonia, Moldova, Montenegro, Norway, Switzerland, Serbia, Ukraine.
Countries Zone 3:
United Kingdom, Greece.

In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will still be delivered within a period of 7 (seven) working days from the day after the day on which Omnia Consult s.r.l has confirmed the order to the Customer by means of special order confirmation email.

For Zone 2 countries, only products allowed by customs rules will be sent.
N.B. From 01.01.2022, no animal products (dairy, meat and fish) can be shipped to the UK.

In the event that particularly adverse weather conditions or logistical problems do not allow adequate delivery, in time and manner, for the proper handling of food products, Tooscans reserves the right to cancel the customer’s order, in whole or in part, by notifying the customer in advance of its intention and resulting in a refund of the costs incurred in the online purchase.

7. Right of Withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, subject to the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send Omnia Consult s.r.l a notice within 14 days from the date of receipt of the Products using the form downloadable here or, if he intends to exercise the withdrawal before having received the Products, the notice of withdrawal may be sent at any time before their receipt.
This communication must be sent by registered letter A/R, addressed to:
The Customer Service of Omnia Consult s.r.l will provide, once received the communication, to open a file for the management of the return and to communicate to the Customer the instructions on how to return the Products, which will be done by courier indicated by Omnia Consult s.r.l itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to the Product purchased in its entirety; therefore, if the Product consists of several components or parts, it is not possible to exercise the right of withdrawal only on part of the Product purchased.
II. In case of exercise of the right of withdrawal Omnia Consult s.r.l will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of Omnia Consult s.r.l to suspend the payment of the refund until the actual receipt of the goods. The refund will be made using the same method of payment used by the customer, unless the customer has expressly requested a different method. In case of bank transfer or cash on delivery payment will be the responsibility of the Customer to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. Also in order to be able to guarantee the free return under Article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Foreword (non-consumer customer and/or requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014:
– order of Products made to measure or clearly customized;
– order of Products that are likely to deteriorate or expire quickly;
– order of sealed Products that are not suitable to be returned for hygienic or health protection-related reasons or that have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that are “likely to deteriorate or expire rapidly” include both food products (including wines, spirits and beverages) and cosmetics, as the characteristics and qualities of these types of Products are subject to alteration even as a result of improper storage. Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to Omnia Consult s.r.l and put back on the market without danger to the health of consumers (such as books, gadgets, kitchen utensils, etc.).
In cases of exclusion of the right of withdrawal, Omnia Consult s.r.l will return to the Customer the Products purchased, charging the same for shipping costs.

8. Free Return in case of exercise of the right of withdrawal
As a more favorable condition for the Customer, Omnia Consult s.r.l keeps the shipping costs for the return of the Products in case of exercise of the right of withdrawal entirely at its own charge.
In order to benefit from such free shipping, The Customer who intends to exercise the right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted by Omnia Consult s.r.l to agree on the return of the Products to the courier.

9. Warranty and Conformity Defects
In the event of conformity defects of Products sold by Omnia Consult s.r.l, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site through the tab “Customer Service”.
The legal guarantees provided by Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at its option and provided that the type of Product allows it, to the restoration, free of charge, of the conformity of the Product by repair or replacement, or to an appropriate reduction in price or termination of the contract. The Customer forfeits these rights if he does not report to Omnia Consult s.r.l the lack of conformity within the term of two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this reduced term.

10. Errors and Limitations of Liability
The information regarding the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which, therefore, Omnia Consult s.r.l cannot be held responsible, except in cases of willful misconduct or gross negligence.
Omnia Consult s.r.l reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code.
Except in cases of willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an order, is excluded.
Omnia Consult s.r.l promotes the responsible consumption of alcoholic beverages and excludes any liability on its part, except malice or gross negligence, in the case of purchases made by children under 16 years of age. By purchasing any alcoholic product, the customer declares that he/she is of age as per art. 7 of DL 158/2012. Omnia Consult s.r.l does not assume any responsibility in the case of a purchase made by minors under 18 who have declared to be of a different age.

11. Complaints
Any complaints should be forwarded to Omnia Consult s.r.l using the appropriate contact form accessible directly on the Site via the “Customer Support” tab, or by registered mail with return receipt to the following address:
Viale A. Bicchierai, 129 51016 Montecatini Terme (PT)

12. Online Resolution of Consumer Disputes (ADR and ODR)
ADR
According to Article 49 paragraph 1 letter V of Legislative Decree September 6, 2005 No. 206 (Consumer Code), the customer may avail himself of the Joint Conciliation Procedure. The Procedure may be initiated if the consumer after submitting a complaint to the company, within 45 days, has not received a response or has received a response that is not satisfactory to him/her.
The customer who decides to avail himself/herself of the Joint Conciliation Procedure is obliged to forward the application to: conciliazione@consorzionetcomm.it or fax number 02/87181126.
For more information see
https://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl


ODR
Pursuant to Article 14 of Regulation 524/2013 the user is informed that in the event of a dispute he/she may file a complaint by means of the ODR platform of the European Union which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform provides an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.

13. Applicable law and competent court
The sales contract between the Customer and Omnia Consult s.r.l is concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer under the Consumer Code, will be competent exclusively the court of his town of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Turin, any other jurisdiction excluded.
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Pursuant to Article 1341 of the Civil Code, the Customer declares that he/she has read and specifically accepts the following articles of these General Terms and Conditions: 6 (liability for late delivery), 10 (right to correct errors – exclusions of liability).