Terms and Conditions

This e-commerce website is operated by:

Tenuta Chiaramonte Società Agricola s.r.l. Registered and operational address: C.da Gisolfo SP 81 Km 7,400 – 97100 Ragusa (RG), Sicily, Italy VAT number and Tax Code: 00933490880 Companies Register: [DA INSERIRE] REA: [DA INSERIRE] Certified email (PEC): [DA INSERIRE] Email: info@tenutachiaramonte.com Phone: +39 0932 000 000

For any communication relating to orders, right of withdrawal or complaints, the Customer may contact the Seller at the details given above.

For the purposes of these General Conditions of Sale, the following terms have the meanings set out below:

"Seller": Tenuta Chiaramonte Società Agricola s.r.l., owner of the website tenutachiaramonte.com and the party carrying out the sale of the Products.

"Consumer" or "Customer": any natural person acting for purposes unrelated to any trade, business, craft or professional activity they may carry on, who purchases Products through the Website. Where a purchase is made by a person acting in the course of a trade or professional activity (a "trader"), certain consumer-protection provisions will not apply.

"Products": the organic and non-organic agri-food products, wines and other items marketed by the Seller through the Website.

"Website": the website accessible at www.tenutachiaramonte.com, through which the Seller offers Products for sale.

"Contract": the contract of sale concluded between the Seller and the Customer for the Products, governed by these General Conditions of Sale.

"Order": the purchase proposal submitted by the Customer to the Seller through the checkout process on the Website.

These General Conditions of Sale (hereinafter "GCS") govern the distance sale of the Products offered by the Seller through the Website and apply to all Orders placed through www.tenutachiaramonte.com.

These GCS are drawn up pursuant to D.Lgs. 6 September 2005, no. 206 (Consumer Code), D.Lgs. 9 April 2003, no. 70 (implementing Directive 2000/31/EC on electronic commerce), and the applicable legislation on the distance sale of food products.

Submission of an Order by the Customer constitutes full and unconditional acceptance of these GCS as published on the Website at the time of the Order. Customers are advised to read these GCS carefully before making a purchase and to retain a copy.

The Seller reserves the right to amend these GCS at any time. Amendments will not have retroactive effect and will not apply to Orders already confirmed. The applicable version is that in force on the date the Order is submitted.

The Products offered for sale on the Website are agri-food products of Sicilian origin, predominantly produced under certified organic methods in accordance with Regulation (EU) 2018/848 of the European Parliament and of the Council on organic production and labelling of organic products.

Organic certification is issued by an authorised control body. Certification details are indicated on the labels of individual Products.

Allergen information is provided in accordance with Regulation (EU) no. 1169/2011 on the provision of food information to consumers. Certain Products may contain, or may have been produced in environments that handle, common allergens (including, by way of example, nuts, gluten, sulphites). Customers are strongly advised to check the information on Product labels carefully before consumption.

Product images on the Website are for illustrative purposes only and are not binding. The actual packaging, colour and visual appearance may differ from published images, while still conforming to the quality characteristics described.

The Seller warrants that the Products comply with the descriptions published on the Website at the time of the Order and with applicable food-safety regulations.

The purchase process on the Website consists of the following steps:

a) The Customer selects the desired Products and adds them to the virtual shopping cart; b) The Customer proceeds to checkout, entering the required shipping and billing details; c) The Customer reviews the Order summary (Products, quantities, prices, shipping costs and overall total) before confirming; d) The Customer selects a payment method and completes the transaction; e) The Seller sends the Customer an Order confirmation email to the email address provided.

Pursuant to Arts. 12 and 13 of D.Lgs. 70/2003, the Order submitted by the Customer constitutes a contractual offer. The Contract is deemed concluded at the moment the Customer receives the Order confirmation email from the Seller.

The Seller reserves the right not to accept Orders where Products are unavailable, in the event of manifest errors in price or descriptions, or for other justified reasons. In such cases, the Seller will promptly notify the Customer and refund any amounts already paid, without further charge.

The Customer is responsible for the accuracy and completeness of the information provided at the time of the Order.

Product prices shown on the Website are expressed in Euros (€) and include VAT at the rate applicable by law to each product category.

Shipping costs are shown separately and will be displayed to the Customer during the checkout process, before the Order is confirmed. Shipping is free for orders of €59.00 or more (VAT included).

The Seller reserves the right to change Product prices and shipping conditions at any time and without prior notice. However, the price applicable to the Customer's Order is that shown on the Website at the time of submission and confirmed in the Order confirmation email, regardless of any subsequent changes.

In the event of a manifest error in a displayed price, the Seller reserves the right to cancel the Order, notifying the Customer promptly and providing a full refund of any amounts paid.

All transactions are carried out in Euros. Any bank charges for currency conversion are borne by the Customer.

Payment for Orders is made exclusively through the secure payment platform Stripe (Stripe, Inc. / Stripe Payments Europe, Ltd.), which enables payment by credit and debit cards from the major international networks (Visa, Mastercard, American Express and others).

All transactions are protected by SSL/TLS encryption and comply with PCI-DSS (Payment Card Industry Data Security Standard). The system supports Strong Customer Authentication (SCA) and the 3D Secure protocol, in accordance with Directive (EU) 2015/2366 (PSD2) and EBA guidelines.

The Seller does not obtain, store or process the Customer's payment card details in any way: such data are handled entirely and directly by Stripe in accordance with applicable law.

Payment is deemed completed upon authorisation of the transaction by the payment network. If authorisation is declined, the Order will not be processed and the Customer will be notified.

The amount will be charged at the time the Order is confirmed.

The Seller will ship ordered Products to the address provided by the Customer at checkout, using qualified express couriers.

Estimated delivery times are 2–7 business days from the date of Order confirmation, except in cases of force majeure, public holidays or exceptional circumstances. In any event, in accordance with Art. 61 of D.Lgs. 206/2005 (Consumer Code), Products will be delivered within a maximum of 30 days from conclusion of the Contract, unless otherwise agreed between the parties.

The risk of loss or damage to the Products passes to the Consumer at the moment the Consumer, or a third party designated by the Consumer (other than the carrier), takes physical possession of the Products (Art. 63 Consumer Code).

If the recipient is absent at the time of delivery, the courier will leave a notice with instructions for arranging a re-delivery or collecting from the depot. The Seller is not responsible for delays resulting from incorrect or incomplete delivery information provided by the Customer, or for events attributable to the courier.

Food product packaging is selected to ensure the integrity of Products during transit, in compliance with applicable hygiene and health regulations. Customers are advised to check the condition of the package upon delivery and, where visible damage is present, to accept delivery with reservation or refuse it, promptly notifying the Seller.

The Consumer Customer has the right to withdraw from the Contract, without stating reasons, within 14 (fourteen) days from the date on which the Consumer or a third party designated by the Consumer (other than the carrier) takes physical possession of the Products, pursuant to Arts. 52–58 of D.Lgs. 206/2005.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL – IMPORTANT Pursuant to Art. 59 of D.Lgs. 206/2005, the right of withdrawal is excluded for: a) Products liable to deteriorate or expire rapidly (Art. 59, lett. d) – this exception applies to all fresh, perishable or short-dated food products; b) Sealed Products that are not suitable for return on grounds of health protection or hygiene and that have been opened after delivery (Art. 59, lett. e) – this exception applies to all packaged food products that have been opened after delivery.

Given the predominantly food nature of the Products sold by the Seller, the right of withdrawal may be exercised solely in respect of non-perishable, unopened Products whose original packaging remains entirely intact.

WITHDRAWAL PROCEDURE A Consumer wishing to exercise the right of withdrawal must send the Seller an unequivocal statement (for example a letter, email or certified email) before the expiry of the 14-day period, at the following contact details: - Email: info@tenutachiaramonte.com - PEC: [DA INSERIRE]

The Consumer must return the Products within 14 days of the withdrawal notice, at their own expense, to the Seller's address, in their original intact packaging.

The Seller will reimburse the Consumer for all payments received, including the original delivery costs (except for any additional costs arising from the Consumer's choice of a delivery method other than the standard one), within 14 days of receipt of the returned Products, using the same means of payment used by the Consumer for the initial transaction.

All Products sold by the Seller are covered by the legal guarantee of conformity provided for in Arts. 128–135-septies of D.Lgs. 206/2005, as amended by D.Lgs. 4 November 2021, no. 170 (implementing EU Directive 2019/771).

The Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within 2 (two) years of delivery. For defects that become apparent within 1 (one) year of delivery, it is presumed that the defect existed at the time of delivery, unless such presumption is incompatible with the nature of the Product or the nature of the lack of conformity.

In the event of a lack of conformity, the Consumer is entitled, at their choice, to: a) restoration of conformity of the Product by repair or replacement; b) a proportionate reduction in price; c) termination of the Contract.

The Consumer must notify the Seller of the lack of conformity within 2 months of its discovery, on pain of forfeiture of the guarantee.

The legal guarantee does not cover damage resulting from improper use, failure to observe the storage instructions on the label, natural deterioration of food products over time, or causes not attributable to the Seller.

The Seller is liable to the Customer to the extent provided by applicable law, including mandatory consumer-protection rules.

The Seller is not liable for failures or delays attributable to force majeure events, meaning extraordinary and unforeseeable events beyond the Seller's reasonable control (including, by way of example: natural disasters, epidemics, strikes, logistics disruptions, measures by public authorities). In such cases the Seller will promptly notify the Customer and, if the delay extends beyond 30 days, either party may terminate the Contract without penalty.

The Seller accepts no liability for damage to Products or deterioration of their quality characteristics resulting from improper storage by the Customer after delivery. For food products, it is the Customer's responsibility to comply with the storage instructions on the label of each Product (temperature, humidity, light exposure, etc.).

No limitation of the Seller's liability is permitted in cases of wilful misconduct or gross negligence, personal injury, or breach of mandatory consumer-protection rules.

All content on the Website, including but not limited to: trade marks, logos, trade names, texts, images, photographs, graphics, videos, layouts, software and databases, is the exclusive property of Tenuta Chiaramonte Società Agricola s.r.l. or of third parties who have authorised its use by the Seller, and is protected by Italian and international intellectual and industrial property law.

Any reproduction, distribution, transmission, publication, modification or use of Website content, even in part, without the prior written consent of the Seller is prohibited. Infringement of these rights may result in legal action before the competent courts.

The Customer is authorised to use the Website solely for personal and non-commercial purposes, in accordance with these GCS and applicable law.

The Customer's personal data are processed by the Seller as Data Controller, in compliance with Regulation (EU) 2016/679 (GDPR) and D.Lgs. 30 June 2003, no. 196 (Personal Data Protection Code), as amended by D.Lgs. 10 August 2018, no. 101.

Personal data provided by the Customer in connection with an Order will be processed for purposes related to performance of the Contract (order management, shipping, invoicing, after-sales support) and, subject to consent, for marketing and commercial communications purposes.

For full details on processing methods, data subject rights (access, rectification, erasure, restriction, objection, portability) and security measures adopted, please refer to the Privacy Policy available on the Website in the dedicated section.

The Customer may exercise their personal data protection rights by contacting the Seller at info@tenutachiaramonte.com.

For any communication relating to Orders, shipments, refunds or to submit a complaint, the Customer may contact the Seller through the following channels:

- Email: info@tenutachiaramonte.com - PEC: [DA INSERIRE] - Phone: +39 0932 000 000 (Mon–Fri: 9:00 AM–6:00 PM; Sat: 9:00 AM–1:00 PM) - Post: Tenuta Chiaramonte Società Agricola s.r.l., C.da Gisolfo SP 81 Km 7,400 – 97100 Ragusa (RG)

The Seller undertakes to respond to complaints within 30 (thirty) business days of receipt of the communication. For urgent complaints concerning food product safety, the Seller undertakes to respond as quickly as possible.

Customers are invited to describe the problem encountered in as much detail as possible, attaching where appropriate photographic documentation or other evidence useful for the handling of the complaint.

In the event of a dispute concerning the interpretation, performance or termination of the Contract, the Consumer Customer has the right to resort to alternative dispute resolution (ADR) procedures pursuant to D.Lgs. 6 August 2015, no. 130 (implementing Directive 2013/11/EU on alternative dispute resolution for consumer disputes).

The Ministry of Enterprises and Made in Italy (MIMIT) is the competent authority for the accreditation and supervision of ADR bodies in Italy. An up-to-date list of accredited ADR bodies is available on the MIMIT institutional website.

Recourse to ADR procedures is voluntary and does not affect the consumer's right to bring proceedings before the ordinary courts.

For information on ADR procedures available in the food and agri-food sector, the Consumer may also contact recognised consumer associations pursuant to Art. 137 of D.Lgs. 206/2005.

These GCS and the Contracts concluded through the Website are governed by Italian law.

For Contracts concluded with Consumers pursuant to D.Lgs. 206/2005, any dispute relating to the interpretation, performance or termination of the Contract shall fall within the exclusive jurisdiction of the court of the Consumer's place of residence or domicile, pursuant to Art. 66-bis of D.Lgs. 206/2005 (Consumer Code).

For Contracts concluded with parties acting in the course of a trade or professional activity (non-consumers), the exclusively competent court is the Court of Ragusa.

Without prejudice to the Consumer's right to bring proceedings before the ordinary courts, the Customer is invited to first attempt an amicable resolution of the dispute by contacting the Seller at the details set out in section 14.

These GCS have been drawn up in compliance with the consumer-protection legislation set out in Arts. 33–38 of D.Lgs. 206/2005 (Consumer Code), which governs unfair terms in contracts concluded with consumers.

The Seller declares that none of these GCS is intended to create, to the detriment of the Consumer, a significant imbalance in the rights and obligations arising from the Contract.

Any clauses which, pursuant to Art. 33, paragraph 2, of D.Lgs. 206/2005, are presumed to be unfair until proven otherwise, are specifically approved in writing by the Consumer when accepting these GCS, in accordance with the procedure provided for by Art. 1341, paragraph 2, of the Civil Code.

By accepting these GCS at checkout, the Customer declares to have read, understood and specifically approved the following clauses: Section 9 (Right of withdrawal and related exceptions); Section 11 (Liability and limitations); Section 16 (Applicable law and jurisdiction for contracts with traders).

In accordance with the special legislation applicable to the distance sale of food products, the Seller provides the following mandatory information:

ALLERGENS: Allergen information for the Products is provided in accordance with Regulation (EU) no. 1169/2011 on the provision of food information to consumers. This information is shown on the label of each Product and, where available, in the product description on the Website. Customers with food allergies or intolerances are strongly advised to read the allergen information carefully before purchasing and consuming the Products.

ORGANIC CERTIFICATION: Products classified as organic are certified in accordance with Regulation (EU) 2018/848. Details of the control body and the certification number are shown on the labels of the individual Products.

STORAGE: Storage instructions for the Products are indicated on the labels. The Customer must follow these instructions to preserve the quality characteristics and safety of the Products.

SALE OF WINE AND ALCOHOLIC BEVERAGES: Pursuant to Art. 689 of the Penal Code and applicable legislation on the protection of minors, the sale of wine and alcoholic beverages to persons under the age of 18 is prohibited. By placing an Order that includes wine or other alcoholic beverages, the Customer declares that they are aged 18 or over. The Seller reserves the right to request age verification at the time of delivery and to refuse delivery where proof of legal age cannot be confirmed.

If any one or more provisions of these GCS are declared null, invalid or ineffective by a competent authority, such nullity, invalidity or ineffectiveness shall not extend to the remaining provisions, which shall remain fully valid and effective between the parties.

The Seller reserves the right to amend these GCS at any time by publishing an updated version on the Website with an indication of the date of last update. Amendments apply exclusively to Orders placed after their publication. Orders already concluded are governed by the version of the GCS in force at the time of their conclusion.

In the event of translations of these GCS into a language other than Italian, the Italian version shall prevail in the event of any discrepancy or interpretative conflict.

Any failure or delay by the Seller in exercising a right provided for in these GCS shall not constitute a waiver of that right, nor prevent its exercise at a later time.

These GCS constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, understandings or communications, whether written or oral, relating to the same subject matter.