Terms of service

General conditions of Sale

 The following General Conditions of Sale govern the offer and sale of products on this website www.vicinodivino.it (Site).

The products purchased on the Site are offered and sold by Products of 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 Near DiVino).

1. 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 Legislative Decree 6 September 2005, n. 206 (Consumer Code) and the Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

1.2 The General Conditions of Sale can be modified at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site. For this reason, users are invited to access the Site regularly 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 the purchase order is sent.

1. PURCHASES ON THE SITE

2.1 With reference to Italian citizens, Sales on the Site 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 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 Vicino DiVino from any liability in the event that he has made purchases on the Site without respecting his national law regarding purchase limits for reasons of age.

2.2 Vicino DiVino 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 Vicino DiVino; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have released false, incomplete or in any case inaccurate identification data or who have not promptly sent to Vicino DiVino the documents requested by the same under these General Conditions of Sale or who have sent invalid documents; (v) from 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 may occur that: the purchase process contains one or more clerical errors; the Product Sheet, such as infra defined, contains incorrect information due to clerical errors (eg the price of the Product); by material error a Product is indicated as available and instead is not when preparing the order. In these cases, or in similar cases, the user can request cancellation of the order or obtain, in agreement with Vicino DiVino, a different Product, subject to any adjustment relating to the purchase cost.

 

1. REGISTRATION TO THE SITE

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 the event of suspected misuse and / or disclosure of the same. The user guarantees that the personal information provided during the registration process on the Site is complete and truthful. The user agrees to keep Vicino DiVino harmless from any damage, compensation obligation 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.

  

1. INFORMATION FOR THE CONCLUSION OF THE CONTRACT

4.1 In compliance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Vicino DiVino informs the user that:

• to conclude the purchase contract for one or more Products on the Site, the user must fill in an order form in electronic format and send it to Vicino DiVino, electronically, following the instructions that will appear from time to time on the Site and that they will accompany the different phases of the purchase;
• the contract is concluded when the order form reaches the Vicino DiVino server;

• once the order form has been registered, Vicino DiVino will send the user, via e-mail to the e-mail address indicated, the order confirmation, containing the information relating to the characteristics of the Product purchased, the detailed price indication , the means of payment used, the delivery costs and any additional costs as well as the contacts of the Customer Service, which the user can contact to request assistance and / or submit complaints. It is recommended to keep the e-mail received as proof of purchase. The General Conditions of Sale and information on the right of withdrawal, as well as the Vicino DiVino Privacy Policy, are available on the Site.

• the order form will be filed in the Vicino DiVino database for the time necessary to process the order and, in any case, in accordance with the law. To access their order form, the user can consult their account.

  

1. VALIDITY OF OFFERS AND PRICES

5.1 All Product prices are expressed in Euros (€) and are inclusive of Value Added Tax ("VAT"), unless otherwise specified. Any additional cost 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 modified by Vicino DiVino at any time, without notice, it being understood that the price charged to the user will be the one published on the information sheet that illustrates the main characteristics of the Product (Product details) at the time of placing the order. Any changes (increase or decrease) in the price subsequent to the transmission of the order will not be taken into account.

5.3 Products may be offered for sale on the Site at discounted prices. The full price indicated on the Site (Strikethrough Price), and with respect to which the discount that Vicino DiVino applies is calculated, corresponds to the list price published on the Site.

 

1. PURCHASE ORDERS - PRODUCT INFORMATION

6.1 Vicino DiVino will process the purchase order, and therefore will ship the purchased Product, only after having received confirmation of the authorization to pay the total amount due, consisting of the purchase price, the 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 law 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 payment of the Total Amount Due has been made by the user. 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 different from the carrier, materially comes into possession of the Products.

 

1. AVAILABILITY OF PRODUCTS

7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product 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 paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, 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 date of collection. This amount will normally be credited to the same means of payment used by the user for the purchase or the other 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 relating to a plurality of Products (Multiple Order), If the unavailability concerns only some Products object of 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) that have become unavailable, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, in relation to the Product (s) that have become unavailable or in any case in which the payment of the Total Amount Due has already taken place, Vicino DiVino will refund the amount due in relation to such Product (s), including delivery costs and any other additional costs due in relation to such Products (Partial Amount Due) without undue delay and, in any case, within a maximum period 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 means of payment used by the user for the purchase or through any means agreed between the parties. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products covered by the Multiple Order that have become unavailable compared to the other Products subject to the Multiple Order available.

 

1. DELIVERY OF PURCHASED PRODUCTS

8.1 The amount of delivery costs payable by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before that the user proceeds with the transmission of the same. In the event of failure to indicate a specific delivery term, this will in any case take place within thirty days from the date of conclusion of the contract.

8.2 The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user.

It is up to the user to check the conditions of the Product that was delivered to him / that he has withdrawn. Without prejudice to the fact 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 different from the carrier, materially comes into possession of the Product, it is recommended to '' user to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and is invited, in his interest, to indicate any anomalies on the carrier's transport document, accepting the package with RESERVE (e.g. damaged package, wet package). 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 case in which the loss or damage is due willful misconduct or gross negligence of the courier himself and with the exception of 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 obvious signs of tampering or alteration, the user is also recommended to give it ready communication to the Customer Service of Near DiVino. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.

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 with respect to the delivery terms indicated during the purchase process and in the order confirmation.

 

 

1. 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 payment methods / 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 Payment for 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, by e-mail, to send, by the same means, a front / back copy their identity card and, in the event that the holder of the order is different from the holder of the card, of the latter's identity card. The document must be valid. The deadline by which the document must reach Vicino DiVino will be specified in the e-mail request. 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 obliged to send the requested documents within the specified deadline.

9.2.3 In the event that Vicino DiVino does not receive these documents within the deadline specified in the e-mail request or receives expired or invalid documents, the contract will be considered 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, with consequent reimbursement of the Total Amount Due.

9.2.4 In the event that Vicino DiVino receives valid documentation within the deadline indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will run from the date of receipt of the same.

9.2.5 Confidential credit card data (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers which Vicino DiVino uses. Vicino DiVino therefore never has access to and does not store the data of the credit card used by the user to pay for 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 provided and governed by PayPal and 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 in any way store the credit card data connected to the user's PayPal account or the data of any other payment instrument connected with this account.

9.3.2 In the case of payment by 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 reimbursement, for any reason , the amount of the refund due to the user will be credited to the user's PayPal account, unless otherwise agreed between the User and Vicino DiVino. The credit times on the payment instrument connected 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 dispute which the user must contact directly to PayPal. .

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.

 

1. VARIOUS

10.1 Vicino DiVino is a registered trademark. Photos, texts, descriptions and everything contained on the Site are the property of Prodotti di Langa srl. The 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 the prior written authorization of Prodotti di Langa srl.

10.2 Vicino DiVino is not responsible for any damage suffered by the user or third parties or to property owned by the user or third parties due to delays in delivery or related to the use of the Product.

  

1. APPLICABLE LAW AND JURISDICTION; EXTRA-JUDICIAL SETTLEMENT OF DISPUTES - ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION

12.1 The contracts concluded between the 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 the return of the Products, in case 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 206 of 6 September 2005 (Consumer Code), Vicino DiVino informs the user who holds the status of consumer as per art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint to Vicino DiVino, following which it has not been possible to find a negotiation solution, Vicino DiVino will provide information regarding 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 pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.

In any case, the consumer's right to appeal to the competent ordinary judge for the dispute deriving from these General Conditions of Sale is reserved.

12.3 The user who resides 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, to 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, excluding interest, rights and expenses, € 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

 

 

1. 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:

• Phone: +39 0173509838
• E-mail: info@vicinodivino.com

13.2 Vicino DiVino will respond promptly to complaints presented, in any case within five working days of receipt of the same.