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GENERAL TERMS AND CONDITIONS OF SALE OF

THE VINUM SOCIETA 'AGRICOLA SRL

 


1
Introduction and acceptance of the General Conditions of Sale


These general conditions of contract (hereinafter also "General Conditions" ) govern the offer by The Vinum Società Agricola srl (from now on also "The Vinum ™" ) of products on www.thevinumwinery. com / shop (hereinafter also "Site" ).  
 

2
Ownership of the Site - Type of offers


The Site is owned by The Vinum Società Agricola srl, with registered office in Ortona, Italy, 66026, Via del Lavoro, 6, CF and VAT number 02488410693 .  The products on the Site are sold by The Vinum Società Agricola srl directly. 
The products can be sold either through a permanent catalog or through "flash-deal" formulas or promotions that provide for product availability subject to quantity and / or time limits. The product offer is related to the category
  spirits (wines, sparkling wines) . Following a purchase transaction, The Vinum ™ will issue the User with an order confirmation.

3
Site


The Site is aimed exclusively at Users who have reached the age of 18. 
Partial Registration on the Site is permitted (hereinafter also "Partial Registration"), by entering only the user's email address. Partial Registration only allows the user to receive the newsletter.

4
Conditions of the offer


The subject of The Vinum ™ offers is the purchase of goods at the prices indicated on the Site. In any case, The Vinum ™ does not sell alcohol to anyone under the age of 18 . By sending the orders, the consumer guarantees that the ordering subject and, if different, the recipient of the goods are both over 18 years of age.
Prices are expressed in Euros and are inclusive of VAT. The shipping costs of the goods can be of a fixed or variable amount, calculated based on the weight, the number of items selected and / or the destination address of the goods. Shipping costs may also be included in the sale price of some items or be free if the total amount of the order exceeds a certain value or following a specific promotion. In any case, the User is always informed of the amount of the shipping costs before concluding the purchase procedure and making the payment.
The images accompanying the information sheets of a product or an offer may not be perfectly representative of its characteristics but differ in color, size and accessory products shown in the figure. All purchase support information is to be understood as simple generic information material, therefore not referable to the real characteristics of a single offer.
The validity of the offers may be subject to quantitative or temporal limitations, after which they may no longer be available. The validity date and / or the available quantity of the offers are shown on the Site in such a way as to allow the User to become aware of them. The Vinum ™ may modify the duration or quantity of an offer at any time and at its discretion, it being understood that it will follow up on orders placed during the validity of a particular offer.
 
Where provided on the Site, Vino.com ™ may donate a percentage of the total amount of the order placed by the User to charity, allocating it to the entity from time to time made known on the Platform in accordance with the regulations adopted by the latter. of liberal donations. By way of example only, Vino.com ™ may donate these amounts to research institutions, hospitals, ONLUS etc. In such cases, the User can view the amount that will be donated to charity before concluding the order, on the summary page of the shopping cart.

5
Purchase procedure and payment methods


Having taken note of the conditions of the offer, the User can complete the purchase by following the procedure on the Site.
Before finalizing the purchase, a summary will be displayed which will indicate the unit cost of the selected item and the total, in the event of the purchase of multiple quantities of the same item or of different items. The cost of any shipping, delivery or postal charges can be fixed or variable, calculated based on the weight of the goods, the number of items selected and / or the destination address indicated by the User during the purchase process. Shipping costs may also be included in the sale price of some items or be free if the total amount of the order exceeds a certain value or following a specific promotion. In any case, the User is always informed of the amount of the shipping costs before concluding the purchase procedure and making the payment . Once the purchase has been completed, the User must proceed with the payment, which will be made to The Vinum Società Agricola srl
Following the successful completion of the payment, the User will receive a confirmation email containing information relating to the offer purchased. The email will also contain a reference to these General Terms and Conditions. The confirmation will contain a summary of the delivery and billing address. The shipment of the goods takes place within the times indicated in the order confirmation. Delivery times are also indicated before concluding the purchase procedure in the cart summary or on the product page. This information is indicative and does not represent a certain date, as it is not always possible to predict any delays due to the courier in charge of delivery to the Customer or other causes due to third parties or force majeure not attributable to The Vinum ™. In the case of timed offers (flash-deals), the goods could be sent to the User after the expiry of the same. In the absence of the confirmation email, the purchase cannot be considered validly concluded. In this case, if the amount of the missed purchase should be erroneously charged to the User, the same will be required to promptly notify The Vinum, by sending an email to info@thevinum.com, in order to allow The Vinum ™ to verify the 'happened and in case of proceeding with the refund of the amount paid.
The accepted payment methods, unless otherwise specified or agreed with the User, are: credit card and prepaid cards of the Visa, Mastercard, Maestro, Postepay, American Express, Discover (Diners Club International and Pulse) circuits, with PayPal account , Apple Pay and bank transfer. The Vinum ™ may, in some or all cases and at its sole discretion, offer the alternative payment method by cash on delivery (in cash upon delivery of the goods).
Unless otherwise specified in the terms of the offer, the amount due will be debited upon confirmation of payment. In the case of bank transfer, at the time of order confirmation, the bank details (IBAN), the amount of the transfer and the order number will be indicated. Payment by bank transfer must be made within the terms possibly indicated and in any case no later than 2 days from the order confirmation, a deadline beyond which it may not be possible to guarantee the evasion of the goods: in this case The Vinum ™ will re-credit the sender , without additional costs and by bank transfer, any payment received after the deadline.
If the User realizes that he has provided incorrect and / or incomplete information about his personal details or the shipping address of the goods, it is necessary that he communicate it promptly and within the terms of order fulfillment, by sending an email to the address info@thevinum.com. In all cases, the User is solely responsible for any indication of incorrect and / or incomplete general information or delivery address, with the consequent possibility of losing the sum paid if the goods are delivered to strangers.

6
Transaction security


The Vinum ™ is very attentive to the safety of its Users. The Vinum ™ does not process and does not store payment title data (eg credit card numbers), which are processed and / or stored by the relevant payment service providers . The actual payment takes place through fields for entering the protected and encrypted payment data, served directly by the payment service. Only after the transaction has taken place, the banking service provider communicates the outcome of the payment to The Vinum ™, without providing any sensitive information. For this reason, The Vinum ™ has no power over any refusal of the credit card used for payment. The Vinum ™ cannot therefore be held responsible in any way for direct or indirect consequences deriving from the use of the credit card by the user to pay for the products and / or services purchased.
Browsing on The Vinum ™ is protected and encrypted with a "128/256-bit Extended Validation SSL" security certificate, issued by Wix following a precise and constant process of verifying the authenticity of the company's personal information and ownership of the domain. It is also possible to verify the authenticity of the certificate and its ownership by clicking in the appropriate protection section of the browser in use, generally next to the address bar, on the title of the page or on the status bar.

7
Coupon


The Vinum ™ can issue discount codes (from now on also "Coupons") that the User can use when purchasing the products. The Coupons are issued in the form of an alphanumeric code and their value (in euros) is determined unquestionably and at its total discretion by The Vinum ™. The Coupon can be entered by the User in the appropriate field "Enter a promotional code" when entering the order. The coupon thus entered will be automatically deducted from the total amount of the order before payment, excluding any shipping costs. Coupons with percentage discounts are not applied to products already in promotion. Coupons are generally usable by the user for a limited period of time, after which they will no longer be usable. The Coupon may be subject to a minimum amount of expenditure under which it will not be possible to use it. Unless otherwise specified, the Coupon is personal and linked to the User's Account and can be used for a single purchase, after which it will be automatically invalidated. Coupons cannot be combined. Coupons cannot be sold, sold and / or transferred to third parties except with the express authorization of The Vinum ™. The Vinum ™ reserves the right to cancel any previously issued Coupon, even before expiration, without having to justify the reason and without the right to indemnity or compensation. The Vinum ™ may also issue Coupons in favor of Users who will invite acquaintances, friends and family members to view the offers on the Site and register on it. To carry out this procedure, the Site provides some features such as "Recommend to a friend", "Send an offer email", "Share on Facebook", "Twitter", other social networks etc. For each new guest who purchases an offer within a certain time period, The Vinum ™ will be able to grant the User a Coupon, of the value determined from time to time at The Vinum ™ discretion, to be used on their Account for a subsequent purchase. The Vinum ™ reserves the right to eliminate the Coupons issued in favor of users who make an improper use, without any notice and without the right to indemnity or compensation.

8
Shipping and delivery


The shipment of the goods takes place within the maximum time indicated in the conditions of the offer and, for timed offers (flash-deal), it could start from the end of the same. The shipment of the goods takes place within the times indicated in the order confirmation. Delivery times can also be indicated before concluding the purchase procedure in the cart summary or on the product page. This information is indicative and does not represent a certain date, as it is not always possible to predict any delays due to the courier in charge of delivery to the customer. In any case, The Vinum ™, unless otherwise specified on the product sheet, undertakes to deliver the goods within 10 working days from the date of the order and on average the orders take place in 24/48 working hours throughout Italy except for the islands where average delivery times are 48/72 working hours. In the unlikely event that the goods become unavailable for any reason after receiving the order, a refund of any payment received will be issued, at no cost to the User. The User can be informed by email of the moment in which the product is shipped by The Vinum ™.
The User will be notified, if available, the name of the courier and the tracking code of the shipment (Waybill or "Tracking"), through which it will be possible to follow the status.
 
It is not possible to guarantee a precise date or time of delivery as this depends on the courier, the destination address and the person in charge of delivery. The Vinum ™ cannot therefore be held responsible for any direct or indirect consequence deriving from these times. The delivery of the order is intended, unless otherwise specified during the purchase process, on the street level.
The Vinum ™ uses patented packaging approved by the courier, designed to guarantee the integrity of the product. In any case, upon delivery of the goods by the courier, the User will be required to verify that the packaging is intact, not damaged, or in any case altered, even in the closing materials (adhesive tape or strapping) or that there are no liquid leaks. Any damage to the packaging and / or to the product must be immediately contested by the User, placing a written reservation of control (and specifying the reason for the reservation, eg. "Punched packaging", "Crushed packaging", etc.) on the document of courier delivery. Once this document has been signed, the User will no longer be able to make any objection about the characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 3 days of delivery, by writing an email to: info@thevinum.com.
In case of non-delivery of the goods within the indicated times, the User will be required to notify The Vinum ™, who will check the status of the shipment and any anomaly directly with the courier. Following a shipment anomaly (for example a package lost or destroyed during transport), The Vinum ™ will send the product again, compatibly with the availability of the same in stock, without further costs or burdens for the user, or , to refund the order in full.

9
Product conformity guarantee

The User is aware that the images used on the proposals can sometimes only be indicative of the product and not always faithfully represent the delivered product. Any complaints must be sent directly by email to the address  info@thevinum.com. The Vinum ™ is directly responsible for the conformity of products under warranty. In the event of products that are found to be non-compliant, the User will contact The Vinum ™ by sending an email to: info@thevinum.com. The Vinum ™ will indicate a repair center suitable for the verification and repair of the goods under warranty or, once the anomaly has been verified directly, for the subsequent repair or replacement or to make the refund by crediting the title originally used for payment or '' issue of a coupon for an amount equal to the amount of the product purchased. In any case, the legal guarantee is reserved to consumers or to subjects who have made a purchase on The Vinum ™ for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.

10
Withdrawal


The User who requests a service for purposes unrelated to his professional activity has the right to withdraw from the purchase contract concluded with The Vinum ™ without any penalty and without having to provide any reasons, within 14 working days pursuant to and for the purposes of art. . 52 paragraph 1 of the Consumer Code, which run from the day of receipt of the product purchased on The Vinum ™ . The withdrawal may be exercised by the customer, pursuant to art. 54 paragraph 1 of the Consumer Code, using the withdrawal form referred to in Annex I, part B of the Consumer Code or submitting any other explicit declaration of your decision to withdraw from the contract, to be sent by letter with return receipt, to The Vinum Società Agricola srl, Via del Lavoro, 6, 66026, Ortona (CH) or by email at info@thevinum.com. The letter to / or the email must contain the indication of the product and the order number. The burden of proof relating to the correct exercise of the right of withdrawal, in accordance with the procedure indicated above, is borne by the User.
Following the correct exercise of the withdrawal, unless The Vinum ™ does not collect the goods directly, the User will have the obligation to return the goods without undue delay and in any case within 14 days from the date on which the User communicated to The Vinum ™ its decision to withdraw from the contract pursuant to art. 54, c. 4. The User must visibly apply, on the packaging, the document received by The Vinum ™ following the aforementioned withdrawal notice, in which the shipping address and the details relating to the order necessary for identify the return at destination. The User is advised to insert a copy of this document also inside the packaging, in order to avoid loss or the impossibility of identifying the return once it has arrived in the warehouse. The relative shipping costs of the goods will be borne by the User, unless The Vinum ™ has not informed him about it at the time of the conclusion of the contract, in accordance with art. 57 paragraph 1 of the Consumer Code.
The goods must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all their parts, accompanied by all accessories and leaflets, identification tags and original labels, where present, still attached to the goods and intact. and not tampered with, as well as perfectly suitable for their intended use and free from signs of wear or dirt.
As required by art. 57 paragraph 2 of the Consumer Code, the User is responsible for any decrease in value resulting from the manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. In this case, The Vinum ™, upon written notice to be sent to the User within 5 working days of receipt of the goods, may reduce the amount of the refund due to this decrease in value, providing the same, in the event that the refund is already paid, the bank details for the payment of the amount owed by the User due to the decrease in the value of the asset.
The Vinum ™ may refuse to accept a withdrawal for food products that have even been partially consumed. Pursuant to art. 59 of the aforementioned Consumer Code, goods made to measure or customized or which, by their nature, cannot be returned or are subject to rapid alteration or deterioration are excluded from the possibility of withdrawal.

 


11
Exceptions from the right of withdrawal


In any case, it is understood that, with reference to the performance of the service, the right of withdrawal cannot be exercised by the User after the complete supply of the products by The Vinum ™ if the supply itself has begun with the express agreement of the User and he has agreed to lose the right of withdrawal following the full execution of the service by The Vinum ™.
In any case, pursuant to art. 59 of the Consumer Code, goods made to measure or personalized or which, by their nature, cannot be returned or are subject to rapid alteration or deterioration are excluded from the possibility of withdrawal.

12
Refunds


Any disbursement of sums by way of reimbursement by The Vinum ™, if due, will take place pursuant to art. 56 paragraph 1 of the Consumer Code as soon as possible, and in any case no later than 14 days from the date on which the event that gave rise to the refund occurred and in the event of withdrawal, from the day on which it became aware of the relative exercise by the User. The Vinum ™ will reimburse using the same payment method used by the User for the initial transaction, unless otherwise expressly agreed with the User and provided that the same does not incur any costs as a consequence of using the different payment method. If the User has expressly chosen a different type of delivery that includes delivery costs higher than those associated with the standard delivery offered by The Vinum ™ ("Additional Costs"), the latter will not be required to reimburse the related Additional Costs. It is understood that, except in cases where The Vinum ™ has decided to collect the goods directly, The Vinum ™ may withhold the refund until it has received the goods or until the User has demonstrated that he has returned the goods, whichever situation occurs first.

13
Liability of The Vinum ™


The Vinum ™ will not be liable for damages that may arise from the use of the Site such as computer viruses, omissions, service interruptions and software failures, even to the detriment of the User's computer equipment, which prevent or delay the provision of services if these are due to external causes, force majeure and / or third parties not dependent on the will of the owner. The Vinum ™ will be responsible for any defects or discrepancies found. In any case The Vinum ™  in no case can it be considered  responsible for delays or defects or discrepancies arising from events beyond its reasonable control such as, by way of example only: (i) events of force majeure; (ii) events dependent on the facts of third parties such as the interruption or malfunction of the services of telecommunications operators and / or power lines, or acts or omissions on the part of carriers or shippers.

14
Industrial and intellectual property


The Vinum ™ is the owner of all rights relating to the graphic and conceptual content of the Site, as well as its own distinctive signs made visible on it. The reproduction, even partial, of the content and graphics of the Site, as well as of the distinctive signs made visible in the same, is therefore prohibited.  

15
Privacy


Personal data is collected and processed in order to follow up on the User's requests. The Vinum ™ guarantees its users to operate in compliance with the legislation on the processing of personal data, governed by the Privacy Code pursuant to Legislative Decree no. 196/2003. The privacy policy is to be considered an integral and substantial part of these General Conditions and is accessible in the Privacy section of the Site. The data controller is The Vinum Società Agricola srl Any complaint must therefore be addressed to:

The Vinum Società Agricola srl
Via Via del Lavoro, 6
66026 ORTONA (CH)
info@thevinum.com

 

16
Cookies


For the correct functioning of the Site, it is necessary to use Cookies. Cookies are used to obtain information on the terminals, on the operating system, on the IP address and on the type of browser in use, in order to offer the User a better browsing experience. This is generally statistical data, which does not contain sensitive information. it is possible to deny the use of cookies by activating the option to disable them on the browser or device in use.
More information on cookies is available in the Cookies section of the Site.

17
Links to third party sites


The Site may contain links, in the form of hyperlinks or banners, to external and third-party websites. The Vinum ™ does not exercise any control over said sites and assumes no responsibility for the accuracy, nature, quality and completeness of the information contained on third party sites. The content of these sites does not represent The Vinum ™ products, services or information.

18
Conciliation procedure. Applicable law and competent court


These General Conditions will be governed in every aspect by Italian law.
For any dispute concerning the interpretation, execution and / or termination of the contract between the User and The Vinum ™, the Parties acknowledge that the Judge of the place of residence or domicile of the User will be competent, if the same is to be considered a " consumer "according to the laws in force. If, on the other hand, the User is a professional, the Court of Chieti will be competent.

19
Alternative dispute resolution (so-called Alternative Dispute Resolution / On Line Dispute Resolution) and Netcomm Joint Conciliation


Pursuant to article 141-sexies of the Consumer Code, The Vinum ™ informs the consumer User that, if he has submitted a complaint to The Vinum ™, but has not been satisfied with the outcome of the same or has not received a reply within 30 days, can start the joint conciliation procedure established by the Netcomm Consortium. The User can find more information on this procedure as well as the link to the related regulation at http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl. The application form must be sent to conciliazione@consorzionetcomm.it or by fax to the following number: +39 02 87181126. The conciliation procedure before the Netcomm Consortium will be carried out in accordance with Article 49 paragraph 1 letter V of the D . Lgs 6 September 2005 n. 206 (Consumer Code).
The Vinum ™ also informs the consumer User that with EU Regulation 524/2013 of 21 May 2013 a European platform for the online resolution of consumer disputes has been established, which can be reached at the following address http://ec.europa.eu/consumers/ odr / ("ODR Platform"). Through the ODR Platform, the consumer will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved. For more information, you can contact The Vinum ™ by email: info@thevinum.com.

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