Definitions

Owner
He is the owner of the society which runs www.wine-online.it, including the others sites and services connected with it.

Service
The offered service from www.wine-online.it as described in these Terms and Conditions and on www.wine-online.it.

User
He/she is the physical or juridical person that uses the Service.

Terms and Conditions
The present Terms of Service which constitutes a legally binding agreement between the User and the Owner.

Order Processing Receipt
It indicates the mail sent from the Owner after the order has been proceeded.

Order Confirmation
It indicates the mail sent from the Owner after the products have been sent as a confirmation of shipment of all or part of the purchased products.

www.wine-online.it Terms and Conditions
The www.wine-online.it Service Users state they know and accept the present Terms and Conditions.

www.wine-online.it and its Service Owner

Wine&Gourmet Italy
Recioto Road n° 8, 37024, Negrar (VR)
Verona Chamber of Commerce
P.IVA: IT04465540237

[email protected]

Info’s about www.wine-online.it
www.wine-online.it is an online sale service of wine, gourmet products and accessories. Among the provided services there are also a series of professional services such as purchasing tips, either on www.wine-online.it website or through external selling and promotional sites. In case of subscription, further services are offered.

User’s provided contents
Users are responsible for their own contents and of third parties that share on www.wine-online.it, through their uploading, contents’ insert or in any other ways. Users indemnify the Owner from any responsibility with regard to illegal diffusion of third party’s contents or to www.wine-online.it use in a manner contrary to the law.

The Owner does not make any type of published contents’ moderation from the User or from third parties, but he is committed to taking action after Users’ reporting or orders given by public authorities with regard to content deemed as offensive or illegal.

Rights on User’s provided contents
The only rights granted to the Owner with regard to User’s provided contents are the ones that are necessary for the correct performance and maintenance of www.wine-online.it.

Third parties provided contents
The Owner does not make any Third parties published contents or links’ prior moderation showed on www.wine-online.it. The Owner is not responsible for these contents and their accessibility.

Sign Up
To be able to use the Service or part of it, the User needs to sign up, providing all the requested information in the Registration form, and fully accepts the Privacy Policy and the present general Terms and Conditions. The User has the right to cherish his/her own login credentials.

Purchase

Purchasing procedure
Each order constitutes an offer for the products’ purchasing. Order are submitted to the availability and discretional acceptance of the Owner.
The user must select the products and complete the check out, after having attentively and eventually verified or modified the information in the order summary. The order is placed by the confirmation of the same, and is submitted to the payment of the price, taxes and shipping and further payment fees indicated in the order summary.

The order processing receipt is not an order acceptance. The conclusion of the contract takes place at the time of the sending of the Order Confirmation by the Owner to the User’s provided email address. The owner reserves the right not to confirm an order by communicating to the User via mail the eventual unavailability of one or more of the purchased products within 20 days from the time of the purchase decision. In this case the Owner will refund him/her the price and the User’s shipping costs.

Availability of the products
Prices, descriptions or availability of the displayed products are submitted to modifications without prior notification. Inserted photos are illustrative and do not constitute a guarantee of the products quality. A lot of products photo and in particular alcoholic products show the year of the product production. User must refer only to the written content in the product description, and the photo is showed for illustration purposes only.

Execution of the order
The order is executed in the terms specified in the summary page and in the Order Confirmation mail, with reservation of ordered product availability. The Owner is not responsible for damage suffered by the User because of delivery delays which do not depend on foreseeable circumstances by the parties at the time of sending the Order Confirmation.

Delivery
Deliveries are executed during normal working hours to the User address and according to the manner specified in the order summary. At the delivery moment, the User must verify the content, and writing in the delivery module eventual anomalies. The User is committed to writing to the Owner in case of doubting the product integrity or quality “withdrawal with right of reservoir of subsequent product checks”. In case of lack of such wording after the courier delivery, the User automatically states the integrity of both packaging and products and their good keeping.

In case of failure to collect within the term established from the courier the products will be returned to the Owner, and he will repay the product price but not the shipping costs. The owner is not deemed liable for any delivery errors caused by inaccuracy or incompleteness during the compilation of the order compilation form, or for any damage occurring to the products subsequently to their delivery to the courier appointed for their transport or for delivery delays ascribable to this latter.

 

Payment Methods
www.wine-online.it uses third party tools for the payment processing and does not get in touch with any provided payment data – as the credit card ones.

In case of payment through PayPal account, www.wine-online.it memorises a recognition code combined with the PayPal User’s account, which allows www.wine-online.it to use them only for future purchases, and the data re-entry will not be necessary. It is possible to revoke the aforementioned authorisation at any time through an explicit request using the contact information in this document.

Subscription
Payments begin from the day in which Users choose a payment plan with subscription or modify an already existing payment plan. In order to keep the payment methods active, subscription must be renewed at any payment period.

By subscripting the User accepts the product selection of www.wine-online.it. In case of explicit preferences in the sections please specify them via Email at [email protected] or fill out in the module. Subscription is submitted to automatic renewal.

Automatic Renewal
Subscriptions are automatically renewed through the payment method the User chose during the purchase. The renewed subscription will be valid for a period of time equal to the period of the original Service. Users can deactivate the automatic renewal at every time through the modification of the payment method preferences. In case of lack of renewal, www.wine-online.it could be forced to eliminate the subscription at its expiry.

Right of withdrawal
In case you have purchased products or services on www.wine-online.it the User has the right to withdraw from the contract without explicating the reasons within 5 days. The withdrawal period will expire after 5 days, after the day in which the User or a third party – different from the courier appointed by the User – acquires the physical possession of the goods. In order to exercise the right of withdrawal the User must inform the Owner about the decision of withdrawal through an explicit reporting sent to the contacts provided.

Effects of Withdrawal

If the User withdraws from the present contract, the payments he/she has made to the Owner will be repaid, except for shipping costs (and except for supplementary costs derived from the eventual choice of a delivery type different from the cheaper standard delivery type) without undue delay and not over 15 days from the day the Owner is informed about the User decision to withdraw from the contract whatever he does.

Once the Owner has received the goods covered by this contract back and once he has made all the tests described in the next paragraph (“Restrictions on the right of withdrawal on the products”) the Owner will be committed to the refund of the amount. This will be made through a voucher valid for an unlimited time. This voucher can be reused for any product that can be purchased on www.wine-online.it or for eventual subscription, gift voucher etc.

Restrictions of the right of withdrawal on the products
Damaged or used products cannot be repaid or substituted, not even a part of them. The User must include in the packing a copy of the received delivery document.
The right of withdrawal cannot be applied: to custom-made goods or personalised or good that have a high percentage of risk to rapidly deteriorate, to sealed goods and cannot be returned for hygienical reasons, that is when they are concerned with health conditions or have been opened after the delivery.

Opened bottles or opened packages cannot be exchanged or repaid.

Legislative References
Legislative Decree 21/2014 – in implementation of Directive 2011/83/EU on consumer rights.

Warranty
Any User that purchases in the role of consumer has the right of warranty on products and services purchased within the limits of 24 months from the purchase and according to the law, provided that communication to the Owner about the identified defects is given, in the same manner required by the withdrawal, within 2 months from their discovery.
In order to exercise the right of warranty the User is committed to return the product following the instructions provided in the dedicated section or, in case of lack, by contacting the Owner.

The Service is provided “as it is”.

The Service is provided by the Owner “as it is”, without any explicit or implicit warranty.

Service Interruption
The Owner has the right to add, remove functionalities or features, that is to suspend or totally interrupt the Service supply, either temporarily or definitively. In case of definitive interruption, the Owner will act as possible in order to enable the Users to take their information.

Service Reselling
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of www.wine-online.it and its Services without the previous explicit permission of the Owner, directly guaranteed or through a specific selling program.

Indemnification
The Users are committed to indemnify the Owner (as well as any eventual companies controlled by him or affiliated, his representatives, administrators, licensees, agents, partners, employees) from any obligation or responsibility, including any legal fees incurred to defend themselves in the Court, which may arise in case of damage caused to other Users or third parties, with regard to online-uploads, violation of the terms of the law and of the present terms and conditions.

Use not allowed
The Service can be used according to the Terms and Conditions.
Users are not allowed to:

  • Reverse engineering, decompile, disassemble, modify or create businesses derived from www.wine-online.it or from any portion of it;
  • Bypass informatic systems used by www.wine-online.it or from his licensees in order to protect the accessible content through it;
  • Copy, preserve, modify, change, prepare derived businesses or alter in any way any of the contents provided by www.wine-online.it
  • Use any robot, spider, research application and/or tracing of sites, that is any other device, process or automatic mean in order to access, recover, scraping or index any portion of www.wine-online.it or its contents;
  • Rent, license or sublicense www.wine-online.it;
  • Defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights (such as the right to privacy and advertising) of others;
  • Disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate contents;
  • Use www.wine-online.it in any other inappropriate way that violates these Terms.

 

Account Cancellation and User account Closure
Registered Users can deactivate their accounts, request their cancellation or interrupt the Service use at every time, through the interface of www.wine-online.it or by directly contacting the Owner.

The Owner, in case of violation of the present Terms and Conditions, reserves the right to suspend or close the User account at every time and without prior notification.

Privacy Policy
For information on the use of personal data, Users must refer to the privacy policy of www.wine-online.it

Intellectual Property Right
All the Application marks, figurative or registered, and all other signs, trade names, service marks, word marks, illustrations, images, logos concerning www.wine-online.it are and remain exclusive property of the Owner or its licensees and are protected by the applicable laws on trademarks and by the related international treaties.

Age Requirements
Users must be of age according to the applicable legislation. The User who purchases through www.wine-online.it states and guarantees that the person who will receive the purchased products is of age according to the proper applicable legislation.

Limitations of Responsibilities
Within the limits of applicable law, the Owner is liable for damages of contractual and non-contractual nature towards Users or third parties only when they constitute immediate and direct consequence, through willful misconduct or gross negligence, of the www.wine-online.it activity.

The User exonerates and expressly relieves the Owner from any liability, within the limits of applicable law, with regard to any damages or claims of any type and gender of its own and/or third parties including direct, indirect, punitive, incidental, special damages, damages deriving from lost profits, lost revenues, loss of data or replacement costs deriving from or in any case connected with this agreement.

Modifications to these Terms
The Owner reserves the right to modify the Terms and Conditions at any time, by giving notification of it to the User through its posting on www.wine-online.it.

The User that keeps using www.wine-online.it after the posting of changes accepts the new Terms and Conditions.

Contract release
The owner reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User’s rights herein are not affected.

The User is not allowed to assign or transfer in any way his/her own rights or obligations in accordance with the Terms and Conditions without a written authorisation of the Owner.

Communication
All the communications about www.wine-online.it must be sent using the contact details provided in the contract.

Ineffectiveness or Partial Nullity
Whenever any of the clauses contained in the Terms and Conditions is invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be conditioned by it and will remain fully effective.

Applicable Legislation and Place of Jurisdiction
These Terms and all the controversies with regard to the execution, interpretation and validity of the present contract are submitted to the law, to the jurisdiction of the State and to the exclusive competence of the Court of the place in which the Owner lives. The place of jurisdiction of the consumer is an exception, whenever the law provides for it.

Online Dispute Resolution for Consumers
The consumer who resides in Europa must be aware that the European Commission has created an online platform which provides an instrument for the online dispute resolution. This instrument can be used from the European consumer in order to solve through judicial means any controversy deriving from the selling agreements of goods and services concluded on internet. As a consequence, if you are a European consumer, you will be allowed to use this platform for the resolution of every online dispute between you and the Owner. The Platform is available at the following link. The Owner is available for answering at every type of question via Email to the provided Email address.