- GENERAL TERMS AND CONDITIONS OF SALEArticle 1 — Introduction and effectiveness of the Purchase Conditions
1.1 These purchase conditions have as their object the discipline of purchasing products, made remotely and made available, via the internet, from the site shop.ercolanimontepulciano.it (hereinafter, the “Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”).
1.2 The seller of the products and owner of the Site is: Il Prugnolo Gentile di Ercolani Carlo and Marco SNC with registered office in via Fiorita 14 – 53045 Montepulciano, C.F./P.IVA 01407430527, REA: CN – 145287 – E-mail address: shop@ercolanimontepulciano.it
1.3 The consumer who accesses the Site to make purchases (hereinafter the “Customer”) is required, before sending the order, to carefully read these Terms of Purchase which have been made available on the Site and which will be available at every moment by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored.
1.4 In the event that the person making purchases on the Site requests the issuance of an invoice and / or in any case is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the discipline of withdrawal pursuant to Article 8 of these Terms of Purchase does not apply, nor, more generally, do the provisions that pursuant to the same Consumer Code apply only to “consumers”.
1.5 The contracts concluded with Il Prugnolo Gentile through the Site are governed by these Terms of Purchase in compliance with Italian law. The language available to conclude the contract is Italian.
Article 2 — Choice and ordering of the Products
2.1 The characteristics and the price of the various products on sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product.
2.2 To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions on the Site. The Customer must add the Product to the “Cart” and, after having read the Purchase Conditions and the Privacy Policy and confirmed their acceptance, must enter the shipping and billing information, select the desired payment method and confirm the order.
2.3 By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these Terms of Purchase and the payment terms transcribed.
2.4 The contract stipulated between Il Prugnolo Gentile and the Customer must be considered concluded with the acceptance of the order by Il Prugnolo Gentile. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these Purchase Conditions, the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he detects errors in the order he will have 12 hours from receipt of this email to contact Customer Service directly from the Site using the specific contact form accessible via the Contact Us page. After this deadline, the order will be processed for shipping and no changes will be accepted, without prejudice to the Customer’s rights referred to in Article 8 below.
2.5 Once the order is received, Il Prugnolo Gentile will check the availability of the stock for order fulfillment. In the event that one or more Products are not available, Customer Service will promptly send an email notification to the Customer who, within the following 12 hours, will have the right to reply to confirm the shipment of any further available Products or to cancel it. If there is no response within this period, the order will be considered confirmed and the available products will be shipped. In this case, the entire amount relating to the missing Products will be reversed or, in any case, depending on the chosen payment method, it will not be charged to the Customer.
Article 3 — Product Information
3.1 General information The information and characteristics relating to the Products are available, with the relevant Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in color and size. In case of a difference between the image and the written product sheet, the description on the product sheet is always authoritative, and the weight of the cheeses and cured meats may vary but always in the customer’s favor.
3.2 International shipping and customs
Europe, food and wine: free shipping for purchases of Euro 149.00. It is possible to ship Food and Wine together in the same shipment. Customs duties included. For more information contact shop@ercolanimontepulciano.it
Norway – Switzerland: free shipping for a minimum purchase of Euro 149.00. Customs duties not included. For further information on duties, please contact us at shop@ercolanimontepulciano.it
3.3 Delivery times Delivery: 3/7 business days.
Article 4 — Methods of payment and invoicing
4.1 Payments The Customer can pay the price of the Products and the related delivery costs by credit card, PayPal, bank transfer, prepaid cards, and cash on delivery.
4.2 Credit card The circuits on which it is possible to purchase on the Site are: Visa / Visa Electron, Mastercard / Maestro, American Express.
To ensure maximum security, the Customer will carry out the payment transaction directly on the secure PayPal server. The Site does not store the Customer’s credit card number. Both the Site and the PayPal server use the SSL protocol to encrypt data transmitted between the server and the Customer’s browser.
Once the order is confirmed, the Customer will be redirected to the PayPal site where they can pay with their account or a card, including a prepaid card, or in any case according to the methods accepted by PayPal and in compliance with its conditions.
4.3 Bank transfer The Customer must make the transfer within 3 days from the date of the order. If this does not occur, the order will be canceled and the goods made available again for purchase by other customers. A Customer who has not made the transfer may be contacted by Customer Service to clarify whether the lack of payment is due to the Customer’s decision not to confirm the purchase or to other causes.
Transfer details: Account holder: IL PRUGNOLO GENTILE DI ERCOLANI CARLO E MARCO SNC IBAN: IT72 W084 8925 6010 0000 0377 950 BIC/SWIFT: ICRAITRRDLO Bank: BANCA VALDICHIANA CREDITO COOPERATIVO OF CHIUSI AND MONTEPULCIANO Reason for payment: the Customer must indicate the order date and order number in the payment reference, available in the confirmation email (e.g., “Order 01/01/14 no. 100012345”).
4.4 Invoicing of orders If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing information, including tax code and/or VAT number. In this case the invoice will be sent by email to the address indicated. The professional is responsible for the correct entry of the billing information and is expressly informed that, if the invoice is not requested during the order, it cannot be requested afterward.
Article 5 — Transport and delivery
5.1 General delivery terms The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the “Shipping Data” field.
All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. Il Prugnolo Gentile is not responsible for delays that are unforeseeable or not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation email including a link for tracking the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be shipped within 7 (seven) working days from the day following the day on which Il Prugnolo Gentile confirmed the order to the Customer by order confirmation email. The aforementioned term of 7 working days applies to shipments within Italy.
5.2 Active delivery services — Mail Boxes The service includes 2 delivery attempts at the address indicated at the time of the order. After the second unsuccessful delivery attempt, the package will remain in free storage for 3 working days at the Courier’s premises. During these 3 days the Customer can contact the Courier directly to arrange delivery or change the delivery address. The Customer will receive information about the Courier office to collect the package via a paper notice left in the mailbox. In any case, it is the Customer’s responsibility to check with the Courier for any updates or changes to the delivery procedure described above.
Article 6 — Warranty and defects of conformity
6.1 In case of conformity defects in Products sold by Il Prugnolo Gentile, the Customer must immediately contact Customer Service using the specific contact form accessible on the Website at shop.ercolanimontepulciano.it/contatti
6.2 The legal guarantees provided for in articles 129, 130, and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at their choice and provided the type of product allows it, to restore, free of charge, the conformity of the product by repair or replacement, or to an adequate reduction in price or termination of the contract. The Customer forfeits these rights if they do not report the lack of conformity to Il Prugnolo Gentile within two months from the date on which they discovered the defect, unless it is a Product that by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this reduced period.
Article 7 — Errors and limitations of liability
7.1 The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Il Prugnolo Gentile cannot be held responsible, except in cases of willful misconduct or gross negligence.
7.2 Il Prugnolo Gentile reserves the right to correct errors, inaccuracies, or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the rights of the Customer pursuant to these Purchase Conditions and the Consumer Code.
7.3 Except for willful misconduct or gross negligence, any Customer’s right to compensation for damages is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by non-acceptance or non-fulfillment, even partial, of an order.
7.4 Il Prugnolo Gentile promotes the responsible consumption of alcohol and excludes any liability, except for willful misconduct or gross negligence, in the case of purchases made by minors under 16 years of age.
Article 8 — Right of Withdrawal
8.1 Scope of application This article applies to distance contracts concluded through the Il Prugnolo Gentile website (shop.ercolanimontepulciano.it) between the Seller, Il Prugnolo Gentile di Ercolani Carlo e Marco SNC, with registered office at Via Fiorita 14, 53045 Montepulciano (SI), Italy, C.F./P.IVA 01407430527, REA: CN – 145287, and the Consumer, meaning any natural person acting for purposes unrelated to any business, commercial, craft, or professional activity they may carry out (Art. 3, Italian Consumer Code, Legislative Decree 206/2005).
8.2 Right of withdrawal The Consumer has the right to withdraw from the contract, without giving any reason, within 14 (fourteen) days from the date on which the Consumer or a third party designated by them, other than the carrier, takes physical possession of the goods (Art. 52, Legislative Decree 206/2005). For contracts relating to multiple goods ordered in a single order but delivered separately, the period runs from the acquisition of possession of the last good.
8.3 Digital withdrawal function Pursuant to Art. 54-bis of the Italian Consumer Code (Legislative Decree 206/2005, as amended by Legislative Decree 209/2025), the Consumer may exercise the right of withdrawal directly through the digital function available on the website:
For registered users: in the “My Account” section → “My Orders” → the “Withdraw from the contract here” button next to the relevant order, or via “My Account” → “Right of Withdrawal”.
For guest purchasers (without registration): via the “Withdraw from the contract here” link included in the order confirmation email, with no registration required.
The function guides the Consumer through a two-step procedure: a) completion of the withdrawal declaration, indicating the order and the products concerned; b) final confirmation via the dedicated button.
Upon confirmation, the Seller sends the Consumer, without undue delay, an acknowledgment of receipt on a durable medium containing a summary of the declaration with the date and time of transmission.
8.4 Alternative methods of withdrawal As an alternative to the digital function, the Consumer may exercise the right of withdrawal by: a) using the standard withdrawal form set out in Annex I, Part B of Legislative Decree 206/2005, sent by email to shop@ercolanimontepulciano.it; b) any other explicit and unequivocal statement of the decision to withdraw from the contract, submitted through the dedicated contact form on the website (shop.ercolanimontepulciano.it/contatti).
8.5 Products excluded from the right of withdrawal Pursuant to Art. 59, Legislative Decree 206/2005, the right of withdrawal does not apply to contracts for:
goods made to the consumer’s specifications or clearly personalized;
goods liable to deteriorate or expire rapidly (e.g., cheeses, cured meats, and other fresh or perishable food products in the catalogue);
sealed goods which are not suitable for return due to hygiene reasons or health protection and which were opened after delivery;
goods which, after delivery, are, by their nature, inseparably mixed with other items;
sealed audio or video recordings or sealed computer software that were opened after delivery.
Products excluded from the right of withdrawal that are included in the Seller’s catalogue are clearly indicated on the relevant product page.
8.6 Consumer obligations upon withdrawal Within 14 days of communicating the withdrawal, the Consumer must return or hand over the goods to the Seller, or to a party authorized by the Seller to receive them. The costs of returning the goods are borne by the Consumer. The Consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics, and functioning.
8.7 Seller obligations upon withdrawal The Seller shall reimburse all payments received from the Consumer, including standard delivery costs, within 14 days of the date on which it is informed of the decision to withdraw. The refund is made using the same payment method used for the initial transaction, unless the Consumer expressly agrees to a different method. The Seller may withhold the refund until the returned goods have been received, or until the Consumer provides proof of having shipped the goods back.
8.8 Pre-contractual information Information on the right of withdrawal, including the existence and location of the withdrawal function referred to in Art. 54-bis, is made available to the Consumer prior to the conclusion of the contract on the “Returns and Refunds” page of the website and in these General Terms of Sale.
Article 9 — Complaints
9.1 Any complaints must be sent to Il Prugnolo Gentile using the appropriate contact form accessible directly on the website shop.ercolanimontepulciano.it
9.2 Il Prugnolo Gentile undertakes to respond to all requests received within a maximum of 7 working days.
Article 10 — Applicable law and jurisdiction
10.1 The sales contract between the Customer and Il Prugnolo Gentile is concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution, or termination of these Terms of Purchase or individual purchase orders, if the Customer is a consumer within the meaning of the Consumer Code, the court of their municipality of residence or domicile will have exclusive jurisdiction if located in Italian territory; in all other cases, exclusive territorial jurisdiction lies with the Court of Rome, any other jurisdiction being excluded.
Pursuant to article 1341 of the Italian Civil Code, the Customer declares to have read and specifically accepted the following articles of these Conditions of Purchase.
