The terms and conditions under which "BRINDA DI VINO" of "CHIAVAZZA DANIELA GIOVANNA" offer users access to their services available on the website and on the application www.brindadivino.it are described below.
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:
- Owner: CHIAVAZZA DANIELA GIOVANNA, with registered office in VICOLO MAGENTA, 4 12048 SOMMARIVA DEL BOSCO, VAT number 02820380042, telephone 017253386, e-mail address email@example.com;
- Application: the website and the www.brindadivino.it application, managed by the owner, which offers an ecommerce platform for the purchase of local food and wine products;
- Products: the products and / or services offered through the Application;
- User: the person who accesses the Application, regardless of the legal nature and purpose pursued, interested in the Products offered through the Application;
- Consumer: natural person who acts for purposes other than commercial, artisanal or professional entrepreneurial activities, if any;
- Conditions: this contract governing the relations between the Owner and the Users and the sale or supply of the Products offered through the Application.
Stipulation, conclusion and effectiveness of the Conditions
The purchase contract for the Products is concluded by the exact compilation and sending of the order form. This form shows the details of the sender and the order, the price of the Product purchased, any additional ancillary charges, the methods and terms of payment, the address where the Product will be delivered, the delivery times and the existence of the right of withdrawal and consent to the processing of personal data.
When the Owner receives the order from the User, he / she sends an e-mail of confirmation or displays a web page of confirmation and summary of the order, printable, in which the data recalled in the previous point.
The Conditions are not considered effective between the parties in default of what indicated in the previous point.
The Data Controller may modify or simply update these Conditions in whole or in part. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of notification of modification of the Conditions. The User is therefore invited to view the Conditions at each access to the Application and we recommend printing a copy for future consultations.
It is understood that in no case can the Data Controller be held responsible in the event of loss, disclosure, theft or unauthorized use by third parties, for any reason, of the Users' login credentials.
Account cancellation and closure
Registered Users can stop using the Products at any time and deactivate their accounts or request their cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address firstname.lastname@example.org, or by calling Customer Service on 017253386.
In the event of violation by the User of these Conditions or of the applicable legal provisions, the Data Controller reserves the right to suspend or close the User's account at any time and without notice.
Purchase on the Application
The purchase of one or more Products through the Application is allowed both to Users who have the quality of Consumers, and to Users who do not have this quality.
Pursuant to art. 3, I comma, lett. a) of Legislative Decree 206/2005 ("Consumer Code"), it should be remembered that the quality of Consumers is the natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisan activity that may be carried out.
Natural persons are only allowed to make purchases on condition that they have reached the age of eighteen.
The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the Application and the real Product may be highlighted. Furthermore, any photographs of the Products on the Application do not constitute a contractual element, as they are only representative.
The User expressly gives the Owner the right to accept even partially the order placed (for example if there is no availability of all the Products ordered). In this case, the contract will be considered completed in relation to the Products actually sold.
The Owner reserves the right to refuse an order:
- when the Product is not available;
- when the authorization to debit the cost of the Product to the User is denied;
- when at the time of purchase an obviously incorrect and recognizable price is indicated. In this case, the User will be contacted by the Customer Service to be informed and will receive a refund for the transaction made.
Prices and payments
The Owner reserves the right to modify, at any time, the price of the Products and any shipping costs of the same. It is understood that any changes will in no case affect the contracts already concluded before the change.
The selling prices of the Products are inclusive of VAT, if due; any other tax and / or shipping costs charged to the User will be indicated before confirming the purchase.
The User agrees to pay the price of the Product purchased in the times and ways indicated in the Application.
Any refund to the User will be credited promptly through one of the methods proposed by the Owner and chosen by the User and, in the event of exercising the right of withdrawal, within 30 days from the date on which the Owner became aware of the withdrawal .
The Application uses third-party tools for the processing of payments and does not enter in any way in contact with the payment data provided (number of credit cards, name of the holders, password, etc.).
Should these third-party instruments refuse to authorize payment, the Data Controller will not be able to supply the Products and will not be responsible for any delay or non-delivery.
The User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User which he declares and warrants to be true will be authentic, releasing to the Owner any wider indemnity in this regard.
Methods of delivery of material products
Material product means any movable property or digital asset provided on a material medium offered through the Application.
The ordered Material Products will be delivered to the User, at the address indicated by them, in the manner chosen by the User or indicated in the Application at the time of purchase. Delivery will take place within the terms indicated in the order confirmation.
Upon receipt, the User is required to check the conformity of the Product delivered with the order placed; only after this verification will the delivery documents be signed, without prejudice to the right of withdrawal.
If an order exceeds the quantity in the warehouse, the Owner, by e-mail, will inform the User if the Product is no longer bookable or what the waiting times are to obtain it, asking if he intends to confirm the order or not. .
The Owner assumes no responsibility for the delay or failure to deliver the Product attributable to causes of force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute within the agreed times.
The Data Controller will not be liable to any party or third parties for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, having the User entitled only to the refund of the price eventually paid.
Right of withdrawal of material products
The User who is a consumer and who for any reason is not satisfied with the purchase made of Material Products has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason within 14 days from delivery date of the Product.
It is understood that the right of withdrawal referred to in the previous paragraph is excluded in the following cases:
supply of products made to measure or clearly personalized;
In order to withdraw from the contract, the User must contact the Owner at the e-mail address email@example.com or call the Customer Service on 017253386. The User will be informed of the methods for returning the Product. The sending of the communication can validly be replaced by the return of the purchased Product, provided in the same terms. The date of delivery to the post office or the shipper will prevail between the parties.
In case of withdrawal, the Data Controller will reimburse the payments received by the User as well as the delivery costs without undue delay and, in any case, no later than 30 days from the day on which the User has communicated to the Data Controller that he wishes to withdraw from the contract.
The Owner will reimburse the User in the same payment methods used by the User for online purchase.
The User must return the Products at his own expense, unless the Supplier agrees to accept them, without undue delay and in any case within 14 days from the date on which he communicated his decision to withdraw to the Owner.
The User is responsible for the integrity of the Product as long as the same asset is in his possession and must take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible conditions, including the undamaged original packaging, instruction manuals, accessories, any separate items and any other component. The Product must not have been subject to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product.
The Data Controller will not consider return requests in the event that the returned Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear.
Optional form to exercise the right of withdrawal
Optionally, the User can withdraw using the following form, which must be completed in its entirety and sent to the e-mail address firstname.lastname@example.org, before the expiry of the withdrawal period:
With this form I communicate the withdrawal from the sales contract relating to the following goods / services: __________
Order number: _______
Ordered on: _______
Name and surname: _______
E-mail associated with the account from which the order was placed: ____________________
Guarantee of conformity
All Products that fall into the category of "consumer goods", as governed by art. 128, 2nd paragraph of the Consumer Code, sold through the Application, are covered by the legal guarantee of conformity provided for by art. 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for Consumers. Therefore, it applies only to Users who made the purchase through the Application for purposes unrelated to any business, commercial, artisanal or professional activity.
To those who have purchased on the Application and who do not have the quality of Consumers, the guarantees for the defects of the thing sold will be applied, the guarantee for the lack of promised and essential quality and the other guarantees provided by the civil code with the related terms, forfeiture and limitations (articles 1490 et seq. of the civil code).
The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, it is assumed that the defects of conformity that occur within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After six months, the User will have to provide proof that the damage did not originate from incorrect or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in case of lack of conformity of the Product, the User has the right to restore the conformity of the Product, without charge. To this end, the User can normally choose between repairing the Product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively expensive. In addition, the User has the right to an adequate price reduction or to terminate the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) the Owner has not repaired or replaced within a reasonable time; iii) replacement or repair has caused significant inconvenience to the consumer.
If the User intends to take advantage of the remedies provided by the legal guarantee that accompanies the Products, he must contact the Owner at the e-mail address email@example.com or call the Customer Service on 017253386. The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to be followed, also taking into account the product category to which the Product belongs and / or the reported defect.
Industrial and Intellectual Property Rights
The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the materials and content available on the Application.
These Conditions do not grant the User any user license relating to the Application and / or to individual Contents and / or materials available there, unless otherwise regulated.
All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear in the Application are and remain the property of the Owner or his licensees and are protected by applicable trademark laws and related international treaties.
Any reproductions in any form of the explanatory texts and contents of the Application, if not authorized, will be considered violations of the intellectual and industrial property right of the Owner.
The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of the Users or that it will not have never outages or it will be error free or it will be virus or bug free.
The Data Controller will endeavor to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely beyond the control of the Owner or for force majeure events.
Limitation of Liability
The Owner cannot be held liable to the User, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected with the use of the internet outside of its own control or that of its sub-suppliers.
The Data Controller will also not be liable for damages, losses and costs incurred by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User entitled only to the eventual full refund of the price paid and any accessory charges. incurred.
The Data Controller assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the services purchased, if it proves to have adopted all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
The User undertakes to indemnify and hold harmless the Owner (as well as any companies controlled by it or its affiliates, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, which may arise in the event of damage caused to other Users or to third parties, in relation to the Uploaded Contents or the violation of the terms of the law or the terms of these Conditions.
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, by way of example but not limited to, commercial losses, loss of revenues, income, profits or presumed savings, loss of contracts or commercial relations, loss of reputation or goodwill value, etc.);
- incorrect or unsuitable use of the Application by Users or third parties;
- the issue of incorrect tax documents due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion.
- In no case can the Data Controller be held responsible for an amount greater than double the cost paid by the User.
The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Data Controller due to force majeure events or, in any case, to unexpected and unforeseeable events and, in any case, independent of the will such as , by way of example and without limitation, failures or interruptions to telephone or electrical lines, to the Internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the supply of third party products, services or applications.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Data Controller will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.
Linking to third party sites
The Application may contain links to third party sites. The Data Controller does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may refer to third party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
No waiver by either party to an article of these Terms will be effective unless expressly declared to be a waiver and communicated in writing.
Invalidity of individual clauses
If any provision of these Conditions is found to be illegal or invalid, it will not be considered as part of the Conditions and this will not affect the remaining provisions which will continue to be valid to the maximum extent permitted by law.
Applicable law and jurisdiction
These Conditions and all disputes regarding execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is based.
If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the User's right -consumer to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent by territory according to one of the criteria referred to in art. 18, 19 and 20 of the civil procedural code.
Online dispute resolution for consumers
The Consumer residing in Europe must be aware that the European Commission has set up an online platform which provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve any dispute relating to and / or deriving from contracts for the sale of goods and services stipulated online. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/