TERMS OF SERVICE
Sales General conditions
The following General Conditions of Sale govern the offer and sale of products on this website www.vicinodivino.myshopify.com (Site).
The products purchased on the Site are offered and sold by Prodotti di Langa s.r.l., registered office Via Umbero I, 29, 12064 La Morra (CN), VAT number: 03636430047, C.C.I.A.A. Cuneo REA CN-305486 (hereinafter referred to as Vicino DiVino). SCOPE OF 1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of the Legislative Decree 6 September 2005, n. 206 (Consumer Code) and Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce. 1.2 The General Conditions of Sale can be modified at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site. For this reason, users are invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
PURCHASES ON THE SITE
2.1 With reference to Italian citizens, sales on the Site are reserved only for those who have completed 18 years. The buyer who is not an Italian citizen can purchase Products on the Site only if they are of legal age over 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 release Vicino DiVino from any liability in the event that he made purchases on the Site without complying with his national law on the subject of purchase limits for age reasons.
2.2 Vicino DiVino reserves the right to refuse or cancel orders that come (i) from a user with whom it has a legal dispute in progress; (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 Vicino DiVino; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) by users who have issued false, incomplete or in any case inaccurate identification data or who have not sent the documents requested by the same on the basis of these General Conditions of Sale promptly or who have sent them invalid documents; (v) by users who do not give sufficient guarantees of solvency. In any case, Vicino DiVino reserves the right to cancel orders referring to transactions that do not present an absolute degree of authenticity.
2.3 With regard to purchases on the Site, it could occur that: the purchase process contains one or more material errors; the Product Sheet, as defined below, contains incorrect information for material errors (e.g. the price of the Product); for material error a Product is indicated as available and instead it is not during the preparation of the order. In these cases, or in similar cases, the user can request the cancellation of the order or obtain, in agreement with Vicino DiVino, a different Product, subject to any adjustment relating to the purchase cost.
3.1 The purchase of Products on the Site is allowed only to registered users.
3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform Vicino DiVino without delay in case of suspected improper use and / or disclosure of the same. The user guarantees that the personal information provided during the registration process on the Site is complete and true. The user agrees to keep Vicino DiVino free from any damage, compensation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials.
INFORMATION DIRECT TO THE CONCLUSION OF THE CONTRACT
VALIDITY OF OFFERS AND PRICES 5.1 All prices of the Products are expressed in Euros (€) and are understood to be inclusive of Value Added Tax ("VAT"), unless otherwise specified. Any additional costs will be expressly and separately indicated in the order form, before the user proceeds with the transmission of the same. 5.2 The price of the Products can be changed by Vicino DiVino at any time, without notice, without prejudice to the fact that the price charged to the user will be that published on the information sheet which illustrates the main characteristics of the Product (Product Sheet) at the time of sending the 'order. Any changes (rising or falling) in the price subsequent to the transmission of the order will not be taken into account. 5.3 Products may be offered for sale at discounted prices on the Site. The full price indicated on the Site (Strikethrough Price), and with respect to which the discount applied by Vicino DiVino is calculated, corresponds to the list price published on the Site.
PURCHASE ORDERS - PRODUCT INFORMATION
6.1 Vicino DiVino will proceed with the purchase order, and therefore will ship the purchased Product, only after receiving confirmation of authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applied , and any other additional cost, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered terminated by right pursuant to and for the purposes of art. 1456 of the Italian Civil Code
6.2 The Products will remain the property of Vicino DiVino until the user has paid the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to Vicino DiVino, on the other hand, will be transferred to the user when the user, or a third party designated by him and other than the carrier, becomes physically in possession of the Products.
AVAILABILITY OF PRODUCTS
7.1 The products offered on the Site are limited in number. It may therefore happen, also because of the possibility that multiple users simultaneously purchase the same Product, that the Product ordered is no longer available after the transmission of the purchase order.
7.2 In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, the user will be promptly informed by e-mail or by phone. The user will therefore be entitled to terminate the contract, pursuant to and for the purposes of the provisions of art. 61, IV and V comma, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V comma, Consumer Code or in any case in which the payment of the Total Amount Due has already taken place, Vicino DiVino will reimburse this amount without undue delay and, in any case, within the maximum term of 15 working days from the collection date. This amount will normally be credited to the same payment method used by the user for the purchase or the different means agreed between the user and Vicino DiVino. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
7.3 In the case of orders concerning a plurality of Products (Multiple Order), if the unavailability occurs only for some Products subject to the Multiple Order, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, and without prejudice to the application of art. 7.2, Vicino DiVino will immediately notify the user by e-mail or telephone. The user will therefore be entitled to terminate the contract, limited to the Product / s which has become unavailable, pursuant to and for the purposes of the provisions of art. 61, IV and V comma, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V comma, Consumer Code, in relation to the Product / s which has become unavailable or in any case in which the payment of the Total Amount Due has already occurred, Vicino DiVino will reimburse the amount due in relation to this Product (s), including delivery costs and any other additional costs due in specific relation to these Products (Partial Amount Due) without undue delay and, in any case, within the maximum term of 15 working days from sending the order. The refund amount will be communicated to the user via e-mail or telephone. This amount will be credited to the same payment method used by the user for the purchase or through the means eventually agreed between the parties. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. The resolution of the entire Multiple Order will be possible only in the case of evident and proven accessoryity of the Products covered by the Multiple Order which have become unavailable with respect to the other Products covered by the Multiple Order available.
DELIVERY OF PURCHASED PRODUCTS
8.1 The amount of delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Euro and inclusive of VAT) during the purchase process, in the order summary and, in any case, before that the user proceeds to transmit the same. In the case of failure to indicate a specific delivery term, it will take place, in any case, within thirty days from the date of conclusion of the contract.
8.2 The delivery obligation is fulfilled by transferring material availability or otherwise checking the Products to the user. It is up to the user to check the conditions of the Product that has been delivered to him / that he has collected. It being understood that the risk of loss or damage to the Products, for reasons not attributable to Vicino DiVino, is transferred to the user when the user, or a third party designated by the same and other than the carrier, physically enters into possession of the Product, it is recommended to user to verify the number of Products received and that the packaging is intact, not damaged, nor wet or in any way altered, also in the closing materials and he is invited, in his interest, to indicate on the carrier's transport document, any anomalies, accepting the parcel with RESERVE (e.g. damaged neck, wet parcel). The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier and / or Vicino DiVino, in the event of loss or damage to the Products, except in the event that the loss or damage is due willful misconduct or gross negligence of the courier himself and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows evident signs of tampering or alteration, the user is also recommended to promptly notify the Customer Service of Vicino DiVino. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains unaffected.
8.3 The provisions of art. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered late compared to the delivery terms indicated during the purchase process and in the order confirmation.
TERMS OF PAYMENT
9.1 The payment of the Products can be made by credit card, through the PayPal payment solution or by bank transfer. In the event that one of these means / payment solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.
9.2 Payment by credit or debit card
9.2.1 The payment of the Products can be made by credit or debit card directly through the Site.
9.2.2 In order to guarantee the security of payments made on the Site and prevent any fraud, Vicino DiVino reserves the right to ask the user, via e-mail, to send, by the same means, a two-sided copy of the your identity card and, if the order holder is different from the card holder, the latter's identity card. The document must be valid. The request e-mail will specify the deadline by which the document must reach Vicino DiVino. This term will not, in any case, exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
9.2.3 In the event that Vicino DiVino does not receive these documents within the term specified in the request e-mail or receives expired or invalid documents, the contract will be deemed terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code and Vicino DiVino may reserve the right to cancel the order, resulting in a refund of the Total Amount Due.
9.2.4 In the case of receipt by Vicino DiVino of valid documentation within the term indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will start from the date of receipt of the same.
9.2.5 The confidential data of the credit card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by Vicino DiVino. Vicino DiVino therefore never has access to and does not store the data of the credit card used by the user for the payment of the Products (even if the user has decided to store the credit card data on the Site), with the exception of the name of the credit card holder.
9.3 Payment by PayPal payment solution 9.3.1 The payment of the Products purchased on the Site can be made through the PayPal payment solution. If the user chooses PayPal as a means of payment, he will be redirected to the website www.paypal.it where he will pay for the Products according to the procedure envisaged and governed by PayPal and to the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with Vicino DiVino. The latter is therefore unable to know and does not store in any way the credit card data connected to the user's PayPal account or the data of any other payment instrument connected with that account. 9.3.2 In the case of payment through PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of refund, for any reason , the refund amount due to the user will be credited to the PayPal account of the same, unless otherwise agreed between the User and Vicino DiVino. The times for crediting the payment instrument linked to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, Vicino DiVino cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to contest which the user will have to contact PayPal directly .
9.4 Bank transfer
9.4.1 If the user decides to pay by bank transfer, the order will be shipped as soon as Vicino DiVino has received the credit of the amount relating to the order.
VARIOUS 10.1 Vicino DiVino is a registered trademark. Photos, texts, descriptions and everything contained on the Site are owned by Prodotti di Langa srl. Full or partial reproduction of any part of the Site is prohibited; It is also forbidden to reproduce texts or photos for any use and in any form and in any case without prior written authorization of Products of Langa srl.
10.2 Vicino DiVino is not responsible for any damage suffered by the user or by third parties or to things owned by the user or third parties due to delays in delivery or related to the use of the Product.
APPLICABLE LAW AND COMPETENT COURT; EXTRAJUDICIAL COMPOSITION OF DISPUTES - ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION
12.1 The contracts concluded between users of the Site and Vicino DiVino are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for returning the Products, in the event of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
12.2 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), Vicino DiVino informs the user that he holds the qualification of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has lodged a complaint with Vicino DiVino, as a result of which it has not been possible to find a negotiating solution, Vicino DiVino will provide information on the Alternative Dispute Resolution bodies for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code).
Vicino DiVino also informs the user who holds the status of consumer as per art. 3, paragraph 1, letter a) of the Consumer Code, a European platform for the online resolution of consumer disputes has been established (the so-called ODR platform). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR bodies, find the link to the site of each of them and start an online dispute resolution procedure in which he is involved. In any case, the consumer's right to appeal to the ordinary competent judge of the dispute deriving from these General Conditions of Sale is reserved. 12.3 The user residing in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed € 2,000.00, excluding interest, rights and expenses. The text of the regulation can be found on the website www.eur-lex.europa.eu.
CUSTOMER SERVICE AND COMPLAINTS 13.1 It is possible to request information, send communications, request assistance or submit complaints, by contacting Customer Service in the following ways: Telephone: +39 0173509838 Email: firstname.lastname@example.org 13.2 Vicino DiVino will respond promptly to complaints submitted, in any case within five working days of receipt of the same.