1) general informations
The Website is owned and operated by Foss Marai Spumanti Valdobiaddene S.r.l., an Italian company registered in Italy with the company and VAT number 02242190268, with registered office in Guia di Valdobbiadene (Treviso – Italy) Strada di Guia 109.
References to ‘Foss Marai’, ‘we’, ‘us’ or ‘our’ are references to Foss Marai, another Foss Marai company within our Group. Foss Marai has subcontracted the operation of certain aspects of the Website such as payment processing, hosting and delivery logistics to third party with whom it shall coordinate.
If you do not agree to our Terms you must not use our Services.
This Website is currently dedicated to customers who reside within the United Kingdom but we evidence that deliveries are not carried out in Northern Ireland.
Please note that the delivery logistics service has been entrusted to a third company whith whom you are entering into a contract for delivery services provided by it. Such logistic company may make a charge for these services which will be shown at prior to checkout and your purchase of the products. By using the Website or placing an order, you agree to be bound by these Terms. We reserve the right to make changes to the Terms at any time. Our new terms will be displayed on the Website, and by continuing to use and access the website, you agree to be bound by any variation.
For any further information regarding these Terms, please contact our Customer Service.
All payment processing services through or in connection with your use of the Website are provided by Paypal and Stripe.
2. use of website
You are provided access to the Website for your personal and non-commercial use only. Any access to, or use of, this Website will be in accordance with these Terms. Please note that we may suspend your access to the Website if you do not comply (or we reasonably believe that you are not complying) with these Terms, any other terms or policies to which they refer, or any applicable laws.
2.2 You may not use the Website or its contents to:
- download or modify the Website under any circumstances;
- interfere with or disrupt any network connected to the Website;
- gain unauthorised access to other computer systems owned by Foss Marai Group;
- for any purpose which is unlawful.
In addition, you may not, in relation to the Website, use any:
- data mining, robots, or similar data-gathering and extraction tools;
- framing techniques to enclose the trademarks, logos and other proprietary images, text layouts and formats that we use on the website;
- meta tags or any other ‘hidden text’ that uses our name or trademarks
Using the Website does not give you permission to link to it or to use any of the trademarks, designs, get-up and/or logos contained within it.
We do not represent or warrant that the material contained in the Website, or any of the functions of the Website and the server, will operate without interruption or delay or will be error-free, free from defects, viruses or bugs, or compatible with any other software or material. The Website is provided ‘as is’. Accessing the Website is entirely at your own risk.
If you have any difficulties using the Website, please contact our Customer Service.
2.3 Ownership, Use and Intellectual Property Rights
This Website and all intellectual property rights in it, including but not limited to any content, are owned by Foss Marai Spumanti Valdobbiadene S.r.l. Intellectual property rights means rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms and conditions.
Nothing in these Terms grants you any legal rights in the website other than as necessary to enable you to access the Website. You agree not to adjust, circumvent or delete any notices contained on the Website (including any intellectual property notices), or any digital rights or other security technology embedded or contained in the website.
2.4 Hyperlinks and Third-Party Sites
The Website may contain hyperlinks or references to third-party websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse the third party’s website, products or services. Your use of a third-party website may be governed by the terms and conditions of that third-party website.
3. making a purchase
3.1 Eligibility to order
You must be over 18 years of age to purchase our products from our Website and you must be resident in United Kingdom and:
- provide us with your real name, contact information and payment details when creating an order;
- provide us with a delivery address;
- possess a valid payment method that works on our Website.
3.2 Order Acceptance
All orders placed on the Website are subject to acceptance in accordance with the following:
- You will be given the opportunity to confirm the details of your order, including your address and payment details, prior to completing your order.
- When you place an order, we will send you an acknowledgement email to let you know that we have received your order. This is not an order confirmation or acceptance, any payment collected is held on deposit and shall be reimboursed in case of non acceptance.
- We will send you a confirmation email to confirm that your order has been dispatched for delivery. This is confirmation and acceptance of your order.
- Unless otherwise agreed, your order will be delivered within 30 days of confirmation of your order. Where we are unable to deliver your order within this period, we reserve the right to cancel your order.
- Once you press the ‘Place Order’ button, you have given us permission to process your order as requested.
We may be unable, or refuse, to accept your order because:
- one or more products in your order are unavailable;
- we are unable to process payment for your order, or your chosen payment method has been refused;
- we have identified a pricing or product description error;
- your order fails to meet the requirements of local import restrictions or requirements at your delivery destination.
- you fail to meet our order eligibility criteria or have failed to comply with our terms.
If we are unable to accept your order, our Customer Service will be in touch with you as soon as possible.
In some periods of the year that will be established by Foss Marai it will be possible to make reservations of products, in the case of orders on reservation you have no right of returns or cancellation.
3.3 Prices, Payment and Charges
We accept al debit, credit and American Express cards and all payment processing services through or in connection with your orders are provided by Paypal and Stripe. All credit and debit cards are subject to validation checks and authorisation by your card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment, we will not be liable for any delay or non-delivery.
We take care to ensure products are priced correctly on our Website, but occasionally pricing errors may occur. If we have made an error in the price of a product that you have ordered, our Customer Service will contact you. You will have the option to reconfirm your order at the correct price or cancel it.
Please note: prices for products on our Website may change and offers may be withdrawn at any time. Offers and promotions may be available online only. Please check the Terms of the relevant offer.
The product prices are inclusive of UK VAT. Delivery costs are not included in the prices and will be charged in addition at checkout. All delivery charges are a separate contractual agreement within the order process and Website.
Depending on your delivery address additional charges may apply.
3.4 Product Descriptions, Ingredients and Restrictions
All products are subject to availability at the point of purchase. If any products you order are out of stock, we will contact you so that you can cancel the whole or part of your order. We cannot be held liable for any allergic reactions in relation to consumption of products. For specific information about ingredients and allergies in any of our products, please refer to the specific product page or contact our Customer Service.
3.5 Delivery Options, Carriers and Time
Deliveries will be carried out by third-party couriers. Our delivery options vary by shipping destination, by placing an order on the Website, you agree to the conditions of carriage of our delivery partners. Please refer to their website for full details.
The estimated delivery date of the products will be stated in the check out. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch, unless otherwise agreed (i.e. Magnum and Gift box, when available, are subject to specific delivery times, specified in the product page). We will try to ensure that your order is delivered by the estimated delivery date; however, there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible; however, we will not be liable for any losses caused as a result of such delay. Please note: there may be occasional delays with delivery due to busier periods such as Christmas. In such instances, our Customer Service can advise you further on the expected delivery date for your order.
If the parcel is returned to us by the courier and you request a re-delivery, an additional delivery will be charged to you.
If any parcel is refused by you, a courier dispatch and return fee will apply to the value requested by the courier.
If you decide to cancel the order due to a deadline not met and after a failed delivery attempt where you have not been there to sign for the delivery, a courier shipping cost will be incurred by you to the value applied to Foss Marai, which will be taken from the refund amount.
Please note: Upon receipt of your delivery before you sign for the parcel, if the package is damaged or if you think that your parcel has been tampered with, please ensure that you bring this to the driver's attention and sign for the parcel as damaged.
Any shortages, damages or incorrect items delivered must be reported within 48 hours of the parcel being signed for. To raise a claim, please send a message from our Customer Service.
Any incorrect items being returned back to us must be in their original packaging and exact condition as sold and received.
In case you authorise a delivery to a neighbour that is to be signed for by you, do so at your own risk.
Deliveries that are in dispute or are under courier investigation can take up to 7-working days for resolve, during this process no alternative products or refunds can be authorised until the courier investigation have been completed. If you request that your delivery is left in a safe place you do so at your entire risk. Any orders placed with our company will require a signature of receipt upon delivery with the driver to validate any possible claim.
4. returns and cancellations
Should you choose to cancel or return products purchased you will be refunded for the goods at the price charged at the Checkout. Orders of products on reservation may be subject to different conditions that will be communicated by the Customer Service and will not be subject to returns or cancellation.
4.1 Returns Policy
We offer a full refund (excluding delivery costs) on any items returned to us within 14 days of the delivery date with proof of purchase. For your convenience, we provide a free pick-up service for all returns. Refunds are made back to the original payment method as per your order. Due to the nature of fast moving product and stock availability, we are unable to offer an exchange service. If you would like to replace your order with another we recommend you to place a new order to ensure stock is allocated for you. This will also allow us to provide a quicker delivery service so you can receive your replacement item sooner.
Unwanted products may be returned for a refund if they are returned in their original condition as sold and received.
Please note: the removal of labels, corks, capsules or cages will be taken as evidence of a product’s use by you; the product cannot be returned in these circumstances. Items must not show any sign of damage. Items received back in a non resalable condition will not be refunded.
If you believe your products are faulty, please contact our Customer Service.
This policy may be changed from time to time at our discretion.
4.2 Order Cancellation
You are entitled to cancel your order within 14 days of receipt. Please note: your right to cancel does not apply to products on reservation.
Once the products are returned to us, you will receive a full refund, excluding the original delivery costs. We will provide a free pick-up service.
To exercise this right, please contact our Customer Service. Please ensure that you state clearly that you wish to cancel, providing your order number, your contact details and details of the products you wish to cancel.
If an order has already been dispatched for delivery, please wait until you have received your order before exercising your return rights.
4.3 Refunds of Shipping and Duties
While we offer free pick-up services in case of returns and cancellations for all orders, the original delivery cost won’t be included in your refund. Please note: if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included, you will be responsible for reclaiming duty directly from your local Customs office.
5. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen: for example, if you discussed it with us during the sales process.
6. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Other Important Terms
8. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
9. If a court finds part of this contract illegal, the rest of the contract will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any parts of them are unlawful, the remaining paragraphs will remain in full force and effect.
10. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
11. These Terms are governed by English law and legal proceedings should be brought to the appropriate courts. With regard to any disputes that may arise concerning these Terms, the parties undertake to make a preliminary attempt at conciliation, to be carried out before a conciliation body. After this attempt you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.