CONDIZIONI GENERALI DI VENDITA
3. Consumers excluded;
4. Purpose of the service;
6. Acceptance of general conditions of sale;
8. Conclusion of the contract;
9. Payment of the fee;
10. Purchase Orders;
11. Prices, terms and delivery times;
12. Obligations of the "Customer";
13. Right of withdrawal;
14. Limitations of Liability;
15. Validity of communications;
16. Jurisdiction and Venue.
1) KEY POINTS:
This document contains so-called "Sales Terms" that govern the sale of wine, wine selections and / or products related to the world of wine offered for sale in the shop "online" in the internet site identified by the address (URL) called www.dvinowines .com (for then, for the sake of convenience, only the "Site");
These "General Conditions" governing electronic commerce activities exercised through the "Site" and is only and only apply to the following parties:
- The soc. DVINOWINES SNC (VAT Number: 02442870222) (TN-number 224986 REA) agent in person legally rapresentative pro tempore, with registered office at 38056 Levico Terme (TN), Via Al Lago 28 hereinafter, also for convenience only "Provider";
-The Contracting Party, hereinafter referred to for convenience only "customer" and identified by the data entered at registration, it will only be a "Consumer" to be understood, according to Art. 3 of Legislative Decree 206/2005 (so-called "Consumer Code"), like any "natural person who is acting for purposes other than commercial entrepreneurial activity, craft or profession";
3) APPLICATION OF THE THEORY OF PERSONS EXCLUDED ':
"Provider", in respect of the age limit fixed by law for the purchase and delivery of wine and spirits, does not sell those products to persons under the age of 18. The "Customer", when carrying out an order via the "Site", guarantees both to be of age, whether the person actually receiving the shipment is older to 18 years;
4) SERVICE SUBJECT:
"Provider", through e-commerce service, provides the "Customer" a virtual store from which you can view and purchase wines, wine selections and other products related to wine. The "customer" may view the electronic catalog and offers of the "Supplier" by making any purchases only after full and unconditional acceptance of these "General Conditions";
The "Customer", in order to purchase on-line, must first register on the "Site", by providing truthful information and fully accepting these "Terms";
6) ACCEPTANCE OF TERMS OF SALE:
All contracts will be concluded directly by accessing the "Site" by the "Customer" that, properly filling out the order form, will be able to place the order of the desired product carefully following the instructions and procedures.
These "General Conditions" form an integral and essential part of the sales contract and, for this reason, must be examined "on-line" from "Customer" before completing the purchase process. The order entails, the ends of the "Customer", the recognition of the knowledge of the so-called "General Conditions" and their full and unconditional acceptance.
"General Conditions" can be updated and/or amended by the "Provider" as a result of any updates and/or legislative changes. Any updates and/or modifications will be published regularly on the "Site" and will be effective immediately from the moment of publication.
The "Customer", by sending electronic confirmation of your purchase order, unconditionally accepts and agrees to observe in its relations the "Provider", the "General Conditions", including the terms of payment below illustrated;
All sale prices of products marketed within the "Site" are to "VAT" and in Euro. The shipping costs are considered except the price of the products and, shown separately, they are the responsibility of the customer.
The price of the chosen product is indicated from the procedure at the time of the order to "Provider."
For each order is issued the invoice which will be sent with the goods. The Provider is not responsible for any taxes imposed by other countries;
8) CONCLUSION OF THE CONTRACT:
"Provider", after receiving the order form from the "customer", will send to the "Customer" an e-mail with a receipt of the purchase order and a summary of the information contained in the order received. The contract will be concluded only when the "Provider" will have collected the payment of the price.
"Provider", regardless of the conclusion of the contract and before executing the order, may request the "Customer" to correct any data entry errors.
"Provider", even without reason, may reject and / or who does not give effect to the purchase orders that are incomplete and/or incorrect, or in the event of non-availability of products or for orders that do not give sufficient guarantees of solvency, providing in such cases to inform the "Customer", by e-mail, no later than 30 days from receipt of order. If the products presented on the "Site" were no longer available, it will be the "Supplier" give notice to the customer no later than thirty (30) days from receipt of order. "Provider", in the eventuality where the "customer" has already paid the price, will, first, to suggest one or more possible alternative equal to the commercial value of the order received, or to refund the amount already anticipated . "Provider" shall not be held liable for any damages and/or be suffered by the "customer" in the event of non-acceptance, partial and/or total, of the order;
9) PAYMENT OF CONSIDERATION:
"Customer" has the right to choose between different payment methods:
a) Advance bank transfer to the following account IT 80 S 02008 34940 000104537188
c) credit card;
d) pre-paid card;
10) PURCHASE ORDERS:
Each order is identified by a serial number and contains the indication of the date of submission to the system, the details of the items purchased, shipping charges and individual tax prices in Euros and included a summary of the total costs, including VAT. The receipt of the order in their systems does not engage the "Supplier."
11) PRICES, HOW AND DELIVERY:
"Provider" makes deliveries by mail and / or courier. Shipping charges and other expenses related to transport and / or shipment of products shall be borne by the "Customer" counted and clearly itemized in the order confirmation and in the invoice.
Upon receipt of the goods to your home the customer must verify the integrity of the package. The "customer" when it receives from the courier of visibly damaged parcels and / or stained by wine spill, must immediately reject the shipment to the sender and the "Provider" will collect the parcel and the restoration of the expedition. "Customer", if the shipment should include more parcels and not all are corrupt, it will reject the damaged package to the sender signing the DDT courier (transport document) "With Reserve" and the "Provider" will return to the damaged package and the replacement of the same . "Provider", if the product to be replaced was exhausted, promptly contact the "Customer" to agree on the replacement of the same (with another of equal value) or, in the alternative, to order the re-crediting of the payment. The shipping costs for the return of a damaged package and delivery of the new one are paid by the "Provider".
"Provider", cashed the price (except in the cases of payment on delivery) will cover the timely dispatch of the products ordered. No responsibility can be attributed to the "Provider" for late or non delivery due to force majeure or unforeseeable circumstances;
12) CUSTOMER OBLIGATIONS:
"Customer" undertakes, once the purchase procedure "on-line", to print and keep the present "General Conditions of Sale" (already examined and accepted), as well as the specifications of the product, and that in order to fully satisfy the conditions laid down in Articles. 52 and 53 of Legislative Decree no. 205/06.
It is strictly forbidden for the "customer" to include in the registration process required to purchase the "Site", false and / or invented. It is expressly forbidden to enter data of third persons. "Provider" reserves the right to prosecute any violation or abuse, and for the protection of all consumers.
"Customer" indemnifies the "Provider" from any liability arising from incorrect financial documents because of errors in the data provided, being himself solely responsible for the correct insertion;
13) RIGHT OF WITHDRAWAL:
The "customer", in accordance with the regulations set forth in the so-called "Consumer Code" (Legislative Decree no. 206/05), has the right to terminate the contract of purchase, without penalty and with no obligation to give reasons, provided that armies that option no later than the final deadline of 14 days from receipt of the goods. And it excluded the possibility of changing the single bottle of wine, the selection and / or the selected product with another, at no additional cost.
The right of withdrawal will be considered validly exercised if the "Customer", no later than the said period to be considered as exhaustive and binding, has:
-prepare and referred to the "Supplier" (via e-mail to the following email address firstname.lastname@example.org and/or by letter A/R to be sent to the following address DVINOWINES S.N.C via Pasotte 28, 38056 Levico Terme (TN) a communication containing details of the product and / or products for which it intends to exercise the right of withdrawal, the order number and the date of the order, the invoice number, the method of crediting of sums already paid (to the extent of which later he will say);
-provided to return the same by delivering it to the courier;
The only expenses that the "Customer" will have to support, in this case, will be to return products purchased, in accordance with Article. 5, paragraph 6, of Legislative Decree n. 185 of 22/05/1999.
The right of withdrawal, in addition to compliance with the terms and manner described above, shall be deemed correctly exercised once the following conditions are fully met:
-purchased products must be substantially intact;
-products must be returned in their original packaging (in the case of wine selections, you must return all bottles that make up);
-returned products must be sent in one shipment a "Supplier", which reserves the right not to accept bottles and/or of the same order that they are delivered at different times;
-products have not been used or damaged;
This right is not, however, be exercised in the event that it is:
- Perishable food items;
- Goods made to measure and/or clearly personalized and/or which by their nature, can not be returned and/or are likely to deteriorate and/or expire rapidly;
- Packed and sealed that the "customer" has opened.
The withdrawal right is reserved only for natural persons, previously referred to as "Consumers", thereby excluding purchases made by retailers and/or persons who in any way acquire for resale.
Will remain the responsibility of the "customer", pending the return, the responsibility in case of loss and/or damage to the products.
The products covered by the withdrawal, arrived in stock, will be examined to assess any damage and/or tampering (the substantial integrity of the returned goods, as previously explained, it is an essential condition for exercising the right of withdrawal).
The refund procedure will be activated once verified the correct execution of the terms and conditions stated above.
"Provider", verified the smooth operation of the "Right of withdrawal" from the "Customer", will refund the amounts paid for products purchased directly from the "site" that will be reimbursed as soon as possible and in any case within thirty (30) days from the aforesaid date of verification.
The "customer", in case of failure to meet the terms and procedures for exercising the right of withdrawal, will not be entitled to reimbursement of the money paid to the "Provider", but will be entitled, at its own expense, the products in the state in which they were returned to the "Provider", which, in case of no such request, is entitled to keep the products together to sums already paid for their purchase;
14) LIABILITY RESTRICTIONS:
"Provider" accepts no responsibility for malfunctions, interruptions of services and/or degradation of performance that are due to force majeure or unforeseeable circumstances, unless they are directly attributable to the "Supplier" to its negligence and/or gross negligence. "Provider" assumes no liability for disruptions caused by force majeure such as, for example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other events that could prevent, in whole or in part , to implement in the time agreed in the contract.
"Provider" shall not be liable to any party and/or third parties for damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, since the "customer" shall only be entitled to a refund of the price paid.
The Provider is not responsible for any fraudulent and/or illegal use that may be made by third parties of credit cards and/or other means of payment, upon payment of the purchased products;
15. VALIDITY OF COMMUNICATIONS:
"Customer" agrees that the notification and communications concerning all the online services provided by these "General Conditions" (including those relating to purchase orders) are carried out by the "Provider" in electronic form (by e-mail provided by the "Customer" during registration), recognizing their full validity and giving up expressly to acknowledge the contents of the declarations sent and/or received in electronic format;
Any dispute regarding the application, execution, interpretation and violation of purchase contracts stipulated "on line" through the "Site" it is subject to Italian jurisdiction. These general conditions are reported, although not expressly referred to therein, in conjunction with the Civil Code and Legislative Decree no. 205/06.