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General Terms and Conditions of Sales
1.1. Our General Terms and Conditions shall apply to offer and sale of oenological products trading on the website www.vinclick.it (referred to herein as “Website”) according, if applicable, to D. Lgs. n° 206/2005 and n° 70/2003 Italian Law, their additions and changes.
1.2. Goods bought on the Website are sold by Vinclick S.r.l. (referred to herein as “Seller”), registered office in Besana in Brianza, Via Busa n° 7, VAT n° IT10283920964, C.C.I.A.A. n° MB-2519607, e-mail address: email@example.com.
1.3. Buyer shall carefully read our General Terms and Conditions of Sales, available on the Website, as well as shall accept them by ticking the box before purchasing.
1.4. Any changes or new Sales Conditions will be promptly reported to Buyer by publishing an alert on the Website; these new Conditions will only apply to the sales concluded after the alert publication.
2. Selling offer recipient
2.1. Users of the Website must be 18 years old or the age according to their applicable law.
2.2. Confirming the order Buyer guarantees that the person who ordered products and, in case, the person who receive the products are the legal age according to their applicable law.
2.3. Recipient of selling offers published on the Website is Buyer; this word means both consumer, that is a person who acts outside his professional or business activity according to Article n° 3 D. Lgs. n°. 206/2005 Italian Law, and companies, business owners, freelances and in general people who exercise a professional or a business activity.
3. Register on the Website
3.1. Before buying products on the Website, Buyer must complete the registration form by entering their personal data.
3.2. Shipping address entered during registration is not binging because it must be confirmed and, in case, changed for each order.
3.3. During registration Buyer must also chose a Username and a Password. Buyer commits not to give this data, neither temporarily, to third parties and to preserve them carefully, diligently and secretly under their own responsibility; these login credentials are the only means to identify Buyer and to validate their access to offers. Buyer therefore knows that each action done using these login credentials will be attributed to itself and it will be binding.
3.4. Buyer must immediately inform Seller in case of unauthorized or improper use of its login credentials or must report any violations by third parties by sending an email to firstname.lastname@example.org.
3.5. Should Seller encounter any violations it may at its discretion inhibit Buyer to access the Website, may permanently delete data registered or may decline the opening of new accounts by the same users.
4. Personal data modification
4.1. Buyer shall at any time update and/or modify and/or ask to delete the data given during registration. Should Buyer request to delete its data, Seller may temporarily use them, totally or partly, in order to fulfil orders and/or to complete accounting or tax procedures.
4.2. Buyer must check if its data are correct and current before placing a new order.
4.3. Seller will not answer for any lacks and/or delays due to not-updated personal data by Buyer.
5. Prices and shipping costs
5.1. Prices listed on the Website include VAT.
5.2. Shipping costs are charged to Buyer.
5.3. Any shipping costs, delivery costs or postage may be fixed or may change, based on weight of goods, on number of items selected and/or on the shipping address entered by Buyer. Buyer is always informed of shipping costs amount before concluding purchase procedure and pay for it.
6. Purchase procedure
6.1. Once registration is complete, Buyer may login entering Username and Password.
6.2. Only products listed on the catalogue available on the Website may be ordered; the catalogue will be frequently updated, including number of items available and prices (always VAT included).
6.3. Buyer selects on the list the products it want to buy, specifying the quantity. Once selection is complete, Buyer enters shipping address, billing information and terms of payment according to Article 7. The Website will make a screen summary of the order, including shipping costs based according to Article 5. Buyer will confirm the order after checking the correctness of the data.
6.4. Following the confirmation, Seller will send to Buyer an order acceptance by email; it will include: order number, shipping details, billing information, list of ordered products with their main features and overall amount, delivery costs included.
6.5. Order acceptance will be sent within 2 days from the receipts of the order, subject to availability of the ordered products and to correctness of procedure operated by Buyer.
6.6. In case of no reception of the order acceptance according to Article 6.5, order is not concluded.
6.7. In case of no availability of the products, due to exhaustions of stocks or other reason, Seller will decline the order by sending an email, specifying the reasons. In this case the order will be cancelled.
7. Conclusion of the contract
7.1. The contract between Seller and Buyer is concluded after order acceptance sent by the Seller according to Article 6.4.
8. Terms of payment
8.1. Buyer shall pay products price and shipping costs by credit card (on Paypal circuit) or by bank transfer.
8.2. Order acceptance sent by Seller includes payment instructions for ordered products, according to the terms chosen by Buyer.
8.3. In case of payment by credit card, order acceptance includes a link by which Buyer will pay within 2 days from its receipts.
8.4. In case of payment by bank transfer, Buyer will pay within 3 days from the receipt of the order acceptance to the following bank account details:
8.5. Should Buyer fail to comply payment according to Article 8.3 and 8.4, the contract is terminated. In this case Seller will send to Buyer an email containing an order cancellation due to non-payment.
8.6. Once payment is received, Seller will send to Buyer an email of executed transaction and will begin delivery procedure.
9. Products compliance
9.1. Imagines related to products information sheets or to offers are not perfectly representative of their features and may defer for colour, dimension and products accessories shown.
10. Shipping and delivery
10.1. Products bought on the Website will be delivered to the address entered by Buyers during purchase procedure, by courier from Monday to Friday, excluding holidays.
10.2. In case of delivery in Italy, goods will be delivered within 7 working days from order confirmation.
10.3. In case of delivery abroad, goods will be delivered within 10 working days from order confirmation.
10.4. Article 10.2 and 10.3 are not-peremptory terms and do not legitimize requests of termination of the contract.
10.5. In case of delivery delay more than the time terms aforementioned, Buyers must inform Seller by email.
10.6. In case of delay more than 30 days, Buyer shall ask for termination of the contract by registered letter to Seller registered office.
10.7. Shipping service includes 2 delivery attempts to the address entered during purchase procedure. After each handover the courier will leave a notice. After the second handover of delivery failure, the courier will phone the recipient at the number entered by Buyer in order to agree a delivery time. Should the recipient not answer, the goods will go back to the warehouse and the costs will charged to Buyer.
10.8. In any case, Seller is not responsible for delays/delivery failures due to accidents and/or to force majeure.
11. Receipt of delivery and evident damage
11.1. At the time of delivery, Buyer must check if the packaging is intact, not damaged or altered or if there is no leakage of liquid. Any damages to packaging and/or goods must be promptly disputed by Buyer pointing out on the delivery receipt the defects and not subscribing it.
11.2. In case of refused delivery by Buyer, goods will be sent back to Seller. Should Seller ascertain that there are actual and evident damages to packaging, it will deliver the goods again without additional costs. If the ordered goods are not in stock, Seller will repay the amount poured.
11.3. Should Buyer not find any damages according to the aforementioned Articles, it will subscribe delivery receipt. Once Buyer subscribe it, it won’t contest goods features, except as provided for in Article 13.
12.1. Invoice, filled out according to data entered by Buyer during purchase procedure, will be sent by email to the address entered during registration at the time of shipment or of pay success.
13. Warranty for products defects
13.1. Sale of goods are subject to legal guarantee according to Article N. 129 and next D. Lgs. N. 206/2005 Italian Law, as well as to Article N. 1470 and next and N. 1490 and next of Italian Civil Code.
13.2. In case of not conformity of goods delivered, Buyer must immediately inform Seller sending an email to email@example.com and Seller will contact Buyer in order to agree on how to proceed.
13.3. In particular, Buyer has the right to have goods replaced without additional charges or to have an appropriate discount or to terminate the contract of its choice.
These rights can be revoked if Buyer does not inform Seller about defects within 2 months from the date of defects discovery, always that it’s not about goods that, by them nature, are perishable or have a shorter expiry date; in this case defects must be notified within this short deadline.
13.4. Article 13 does not apply to non-conformity hypothesis according to Article 9.
14. Right of withdrawal
14.1. Buyer has the right to withdraw from the purchase agreement for any reasons, without explaining and without penalty.
14.2. In order to exercise this right, Buyer must sent to Seller, within 14 days from the receipt of goods, a registered letter to the following address:
Via Busa, 7
20842 Besana in Brianza (MB) – Italy.
Or by e-mail at firstname.lastname@example.org.
This registered letter must contain order number, the date of order confirmation, bank accounts details and IBAN code in order to receive the amount paid.
Right of withdrawal can be exercised even just for some products purchased in a single order. In this case Buyer will specify in withdrawal letter for which products it is going to exercise the right. In case of not specification, the right of withdrawal will be exercised for the whole order.
14.3. Once withdrawal letter is received, Seller will contact Buyer giving instructions for returning goods.
14.4. Buyer will return goods at its own expenses within 14 days from withdrawal letter.
14.5. Returning of goods shipment will be organized by Buyer and related costs will be at its own expenses.
14.6. Seller reserves the right to check if goods are in the same state they has been delivered or that goods main and quality features did not changed, wherever possible, with their original packaging and label. In case it is not possible, Buyer must return goods opportunely packed in order to preserve goods integrity.
14.7. Seller shall refuse to accept foodstuff even partially consumed, unless the goods not compliance has been ascertained only by tasting them.
14.8. According to Article N. 59 of Consumer Code are excluded from the right of withdrawal goods tailored made or customized or that, by them nature, can’t be sent back or are perishable or have a shorter expiry date.
14.9. In case Article n. 14.6, 14.7 and 14.8 do not apply, Seller will reimbursement the whole amount paid by bank transfer using bank accounts details contained in withdrawal letter without delay and anyway within 14 days from the day it has been informed of the withdrawal. To that end, Buyer that used a term of payment different from bank transfer will anyway accept to receive reimbursement by bank transfer, in derogation from Article N. 56 D. Lgs. N. 206/2005 Italian Law.
14.10. In case of partial withdrawal, Seller will reduce shipping costs reimbursement in proportion to the quantity of goods for which the right has been exercised.
14.11 Seller will confirm bank transfer success to Buyer by email. Whenever Buyer will not receive reimbursement, it must immediately inform Seller.
14.12 Seller will provide to Buyer the specific form to be filled in order to facilitate the right of withdrawal. Click here to download.
15. Applicable Law and competent court
15.1. Sales contract between Buyer and Seller means entered in Italy and governed by Italian Law.
15.2. To solve disputes referring to interpretation, performance or termination of these General Terms and Conditions of Sales or of single purchase order, if Buyer is a consumer according to Consumer Code, the competent court is exclusively the court of the municipality or Buyer residence or domicile; in all other cases Monza is the competent court.
15.3. According to EU Regulation N. 524/2013, Buyer resident in Europe is informed that European Commission established an online platform in order to provide an alternative means to resolve disputes. This means shall be used by European Buyer to resolve out-of-court any dispute regarding sales contract of goods and services concluded online and/or resulting from them.
Consequently, if Buyer lives in Europe shall use this platform in order to resolve any disputes concerning the contract concluded on this Website. ODR European platform is available here: http://ec.europa.eu/consumers/odr/.
16. Claims and information requests
16.1. Any possible claim must be sent to Seller by email at email@example.com.
16.2. Any possible information and/or clarification request must be sent to Seller by email at firstname.lastname@example.org.
17. Contract translation
17.1. The original version of these General Terms and Conditions of Sales is drafted in Italian.
In any translations, in case of doubts about the interpretation, the original Italian version is the authentic.