General Terms and Conditions of Sale of The Wine Company srl
These general terms and conditions govern the offer by The Wine Company srl of products on www.spiritiartigiani.it
These Terms govern
- The use of Spiriti Aritgiani
- Any other Agreement or legal relationship with the owner company
in a binding manner.
The User is requested to read this document carefully.
Information about The Wine Company srl
The Wine company srl is a limited liability company, exclusive distributor of the Spiriti Artigiani brand, and manager of the website www.spiritiartigiani.it
The site is owned by The Wine company srl with registered office in Conegliano - TV-, Italy, 31015 CF and VAT number 0511879026.
The name “Spiriti Artigiani” is a registered trademark.
Acceptance of the Agreement
In order to use and shop on www.spiritiartigiani.it, you must carefully read and accept the Agreement by clicking on the specific acceptance button. If you do not accept the Agreement you will not be able to use the Service.
Content available on www.spiritiartigiani.it
Content available on www.spiritiartigiani.it are protected by copyright law and other international laws and treaties protecting intellectual property rights and, unless otherwise specified, their use is permitted to Users only within the limits specified in this clause.
The Owner grants the User, for the entire duration of the Contract, a personal, non-transferable and non-exclusive license, for exclusive personal and never commercial purposes and limited to the device used by the User for the use of such content.
Therefore, the User is expressly forbidden to copy and / or download and / or share (except within the limits illustrated below), modify, publish, transmit, sell, sublicense, process, transfer / assign to third parties or create derivative works. in any way from the contents, including third parties, available on www.spiritiartigiani.it, nor allow third parties to do so through the User or his device, even without his knowledge.
Where expressly indicated, the User, for mere personal use, may be authorized to download and / or copy and / or share some content made available on the site, provided that he faithfully reports all the copyright indications and other information provided by the Owner. .
Content Provided by Third Parties
The Owner does not make any preventive moderation on the contents or links provided by third parties shown on the site. The Owner is not responsible for such contents and their accessibility.
Terms of sale
With reference to Italian citizens, sales on the Site or app are reserved only for those who have reached the age of 18. The buyer who is not an Italian citizen can purchase Products on the Site or app only if they are of legal age with respect to their national law. If there is no legislation in this regard, you must be at least 21 years old.
In any case, the user who makes purchases on the Site undertakes to indemnify The Wine Company srl from any liability in the event that he has made purchases on the Site or app without respecting his national law regarding purchase limits for reasons of age
The Wine company srl reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Conditions of Sale and / or the conditions and / or terms of a purchase contract with The Wine Company srl; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to payments by credit or debit card; (iv) by users who have released false, incomplete or otherwise inaccurate identification data or who have not promptly sent The Wine Company srl. the documents requested by the same on the basis of these General Conditions of Sale or that they have sent invalid documents; (v) from users who do not give sufficient guarantees of solvency; (vi) from users who have provided false or unreliable telephone numbers or email addresses. In any case, The Wine Company srl reserves the right to cancel orders referring to transactions that do not present an absolute degree of authenticity.
Each order sent constitutes an offer for the purchase of products. Orders are subject to availability and the owner's discretionary acceptance.
The User must select the products and complete the check-out, after carefully checking the information contained in the order summary. The order is made by confirming the order and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form.
The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place when the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, informing the User within 5 working days of placing the order, at the email address associated with his purchase, of any unavailability of one or more of the products purchased. In this case, the Owner will refund the price and shipping costs incurred by the User.
Terms of payment
The Wine company uses third-party tools for processing payments and does not in any way come into contact with payment data - such as those relating to the credit card - provided.
Any costs for managing payments from the User that are not accepted will be charged to the User.
Deliveries are made during normal business hours to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must check the content by specifying any anomalies in the delivery form.
In case of failure to collect within the deadline set by the carrier, the products will be returned to the Owner, who will refund the price of the products, but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage that may have occurred to the Products after delivery to the carrier, where the latter has been chosen and appointed by the User or for delays in delivery attributable to the latter.
Retention of title
Until full payment of the price of the products ordered, the products remain the property of the Owner.
Availability of products
The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and may not constitute an exact representation of the products. The Owner will do its best to present the characteristics of the products with the greatest degree of detail possible on www.spiritirtigiani.it within each tab corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on the site may differ from the real ones due to multiple factors including, but not limited to, the User's terminal monitor, photographic filters etc. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.
Execution of the Order
The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Owner cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.
Right of withdrawal and guarantee
Right of withdrawal
In case of purchase of products on www.spiritiartigiani.it, the User has the right to withdraw from the contract without stating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party - other than the carrier and designated by the User - acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Holder of the decision to withdraw by means of an explicit declaration sent to the indicated contacts.
Effects of withdrawal
If the User withdraws from this contract, he will be reimbursed for all payments he has made in favor of the Owner, including delivery costs without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the decision of the 'User to withdraw from this contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to incur any costs as a result of this reimbursement. The reimbursement may be suspended until receipt of the goods or until the User demonstrates that he has returned the goods, whichever is earlier.
The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14-day period. The User is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
In any case, if the goods were opened by their original seal and the status marks were removed, the refund and withdrawal cannot be accepted.
The costs of returning the goods will be borne by the User.
Limitations to the right of withdrawal
Returned products that are damaged or used in a different way from what is strictly necessary will be reimbursed after deduction of the decrease in value resulting from damage or use. Reimbursement is excluded when the decrease in value is total.
The User is requested to insert a copy of the delivery document received inside the package.
The right of withdrawal is in any case excluded in relation to:
- goods made to measure or clearly personalized;
- the supply of goods which risk deteriorating or expiring rapidly;
- the supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and have been opened after delivery.
If one of the aforementioned exceptions were applicable to the goods purchased by the User, the latter will not be able to exercise the right of withdrawal.
Applicability of the withdrawal clauses
The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who qualifies as a consumer, that is, to the User who acts for purposes unrelated to his business and professional activity.
21/2014 - implementing Directive 2011/83 / EU on consumer rights.
The User who purchases as a consumer has the right to guarantee the conformity of the products and services purchased within 24 months of purchase, provided that notice is given within 30 days of their discovery.
To exercise the right of guarantee, the User is required to contact the Owner at the contact information contained in this document, giving an accurate description of the defect found.
If the lack of conformity of the product is ascertained, the User has the right to obtain, at his choice, the repair or replacement of the product.
The User undertakes to indemnify the Owner (as well as any companies controlled or affiliated by the same, its representatives, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend themselves in court, which should arise in the face of damage caused to other Users or third parties, in relation to the content uploaded online, to the violation of the law or of the terms of these conditions of service.
Limitation of Liability
www.SpiritiArtigiani.it and all the functionalities accessible through the site are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, explicit or implicit, which is not mandatory by law. In particular, no guarantee is provided of the suitability of the services offered for the particular purposes that the User aims at.
The use of www.spiritiartigiani.it and of the functionalities accessible through the site is carried out by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for damages of a contractual and extra-contractual nature towards Users and third parties exclusively by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of the activity of www.spiritiartigiani.it. Therefore, the Owner will not be responsible for:
- any losses that are not a direct consequence of the breach of the Contract by the Owner;
- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or commercial relationships , loss of reputation or goodwill value, etc.);
- damage or loss resulting from interruptions or malfunctions of www.spiritiartigiani.it due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and unrelated to the Controller's sphere of control such as, by way of example but not limited to, breakdowns or interruptions to telephone or electricity lines, to the network internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of third-party products, services or applications; and
- incorrect or unsuitable use of www.spiritiartigiani.it by Users or third parties.
Interruption of the Service
To guarantee Users the best possible use of the Service, the Owner reserves the right to interrupt the Service due to the need for maintenance or system updating, informing Users through constant updates on www.spiritiartigiani.it
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of www.spiritiartigiani.it and its Services without the prior written permission of the Owner, guaranteed directly or through a specific resale program.
The Owner could tolerate forms of resale carried out on a personal (one by one) and limited basis; any form of mass resale is expressly excluded.
Intellectual Property Rights
All trademarks of the Application, figurative or nominative, and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos that appear concerning the Spiriti Artigiani brand are and remain the exclusive property of the Owner. or its licensors and are protected by applicable trademark laws and related international treaties.
All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the contents published by such third parties on www.spiritiartigiani.it are and remain the exclusive property or in the availability of said third parties and their licensees and are protected by the laws in force on trademarks and related international treaties. The Owner does not own the ownership of these intellectual property rights and can use them only within the limits and in compliance with the contracts concluded with such third parties and for the purposes outlined therein.
Users declare to be of age according to the legislation applicable to them. Under no circumstances may children under 13 use www.spiritiartigiani.it
Conditions for receiving deliveries
The User who makes the purchase through www.spiritiartigiani.itfurthermore, it declares and guarantees that whoever will receive the shipment of the purchased products is of age according to the legislation applicable to the latter.
Changes to these Terms
The Owner reserves the right to make changes to the Terms at any time, giving notice to the User by publishing it in www.spiritiartigiani.it.
The User that you continue to use www.spiritiartigiani.it after the publication of the changes, accepts the new Terms without reserve.
Transfer of the contract
The Owner reserves the right to transfer, assign, arrange by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User's rights provided herein are not affected.
The User may not assign or transfer in any way their rights or obligations under the Terms without the written authorization of the Owner.
All communications relating to www.spiritiartigiani.it must be sent using the following certified e-mail:
Ineffectiveness and partial nullity
Should any clause of the Terms prove to be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain fully effective.
Applicable law and competent court
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the Treviso court.
The exclusive forum of the consumer is an exception, if the law provides for it.