Antica Bottega del vino Srl, with legal headquarters in Via Scudo di Francia 3 - 37121, Verona, VAT (value added tax): 03982170239, share capital € 100.00, phone number 045-595973, e-mail address [email protected] , PEC address [email protected] , (as follow the “Owner”) it permits to Users to access and use the web site www.boutique.bottegavini.it (as follow “Application”) with own exclusive ownership, in which are exposed wines and culinary products (as follow “Products” or “Product”) for the purpose of their possible sale.
Please read these terms and conditions carefully (as follow the “Conditions”) before using the application. Using the Application, the User accepts the conditions and he/she has committed to respecting them. Contrarily, the User can’t use the Application.
The Owner may change or simply update, in whole or in part, the Conditions.
Changes and upgrades will be binding as soon as they will be published on the Application. Therefore, the User is encouraged to view Conditions, for each access to the Application.
2.Account deletion and closure:
Registered Users can interrupt the use of the Application in every moment, by disconnecting their own account or through the application interface or by demanding the deletion directly to the Owner at the e-mail address [email protected] or by calling the Client Service at +39 045 595973. Anyway the Owner, in case of transgression/violation by the User of the Conditions or of the applicable legal provisions, reserves the faculty to suspend or close the User’s account without any notice.
3.Purchases on the Application
the purchase of one or more Products through the Application is allowed to Users who represent the consumers but also to users who don’t hold this quality. According to the article number 3, I comma, lett. a) of D. lgs. 206/2005 (“Consumption code”) it’s recommended that the consumer is someone who acts for foreign purposes from the entrepreneurial, commercial, professional or craft activity done. The purchase is allowed to the physical people only if they are of age. The Owner undertakes to describe and to represent the sold products on the Application in the best way possible. Nonetheless it could be point out some mistakes, imprecisions or minor differences between the Application and the real Product. Anyhow, possible photographs of the products on the Application can’t be regarded as contractual element, inasmuch they are only representatives. The products, the prices and the sale conditions of the products, within the limits of their availability, don’t concern an offer to the public; therefore, they have to consider themself as approximates and subject to confirmation by e-mail or through the display of the order confirmation page by the Owner, by previous availability of the Product selected. The User assigns to the Owner the faculty to accept even partially the order made (for example if there is the availability only of some ordered Products or only of a limited quantity of them). In that case the contract will be considered perfected to a limited to the Products for which confirmation will have been given. The Owner reserves the faculty of modify, in every moment, the price of the Products and eventually the shipping costs of them. It is obvious that any changes will not affect contracts that have already concluded before the modification. The sale prices of the Products include the VAT; any other tax and/or shipping cost charged to the User will be indicated before the purchase confirmation. The payment of the Products can be executed with modalities which are indicated on the Application at the time of purchase. The application uses third-party tools for the payment elaboration and it doesn’t get in touch with the payment data ( credit card number, owners’ name, password, ect..). If these third-party tools should deny the payment authorization, the Owner can not provide the Products and he will not be responsible for a possible delay or for a failure delivery.
4.Conclusion of the contract
the contract, which is stipulated through the Application, is considered concluded when the User receives by e-mail and/or by the visualization of the page of the Application, the formal confirm of the order through which the Owner accepts the order sent by the User and informs him that the order can leave. The contract ends at the place where is located the Owner’s registered office. The Owner reserves to himself the faculty of reject an order:
- when the Product isn’t available;
- when the Owner doesn’t receive the authorization to debit the cost of the Product to the User;
- when, at the time of purchase, it is indicated a price obviously wrong and recognizable as such.
In this case, the User will be contacted by the Client Service to be informed, and the User will receive the refund of the translation made.
The User could delete the order by e-mail to the Owner address, which is specified in the clause related to the “right of withdrawal”.
the commercial invoice, if it was upon requested by the User, will be send by the Owner to the e-mail address which is communicated to the User. The User who would receive the invoice, will be required the data for the billing. For the invoice issue will be used the information gave by the User; he declares and guarantees that the information are pertinent and true, giving to the Owner a greater indemnity in this regard.
the Owner will provide to the User, at the specified address, the selected and ordered Products, with the methods envisaged from previous articles, through the courier and/or through the shipper. The shipping will happen in the terms indicated into the order confirmation. When the order arrives, the User has to verify the compliance of the product consigned to him; only after this examination it will have to proceed with the subscription of the delivery documents, except for the right of withdrawal in the clause related to the “Right of Withdrawal”. The Owner doesn’t assume any responsibility for the delay or the delivery failure of the good caused by major forces, like accidents, explosions, blazes, strikes and/or lockouts, earthquakes, floods and other similar events which prevented, in whole or in part, to execute within the times agreed upon in the contract. The Owner will not be responsible of any party, or third parties regarding damages, loss and costs incurred as a result of the unsuccessful execution for the causes which have already mentioned, having the User only the right of returning of the price eventually paid.
7.Right of Withdrawal of material products
if the User, who performs the quality of consumer, isn’t satisfied of the purchase for any reasons, he will have the right of withdraw from the contract stipulated, without any penalty and without specifying the reason within the deadline of 14 days from the delivery date pursuant to Legislative Decree no. 206/05 (the Consumption code). To exercise the right of withdrawal, the User has to inform the Owner about the intention of withdraw, sending an e-mail at the email address [email protected] or calling the Client Service at the phone number +39 045 595973 (from h9.00 to h13.00 CET). The user will be informed about the methods regarding the Product restitution. It is not possible to change the single bottle of wine, the selection or a product chosen by another person, without any additional cost. The customer assistance service is always available to solve every need or necessity related to the order. The communication sent by the User shall indicate the product or the products for which he/she would use the right of withdrawal, the number and the date of the order, the invoice number, own back details (IBAN code). When the communication is realized, it’s necessary to wait a feedback from the Costumer Service that authorizes the return. The return merchandise shall be delivered to the courier for the shipping within 14 (fourteen) working days from the product delivery. Therefore the User shall proceed to the shipping with the methods and the terms planned, except for his/her surrender of the product returns. The right of withdrawal, in addiction to the terms and methods described before, is exercised correctly if the following withdrawal Conditions are entirely respected:
- the purchased products must be wholes;
- the products must be gave back with their original package; in case of wine selections, it’s essential to return all the bottles which compose it.
- the returned products must be sent to “Antica Bottega del Vino” in only one shipping. Antica Bottega del Vino reserves the right of not accepting bottles or products from the same order, which were returned and shipped in different moments.
- the products arrived in stock will be examined to evaluate damages or tampers (the substantial integrity of the good returned is an essential condition for the right of withdrawal); it’s essential the maximum attention in the preparation;
- the products must not be used or damaged;
- the right of withdrawal is reserved only to physical people, previously defined as “consumers” in the third paragraph, any purchases made by sellers or by subjects who buy for the resale, are excluded;
- the right of withdrawal form shall be precisely filled out and sent to Antica Bottega del Vino within 14 (fourteen) days from the receipt of the products.
If the right of withdrawal is exercitated following the methods and the terms indicated in this paragraph, Antica Bottega del Vino shall provide to refund any sums already collected for the products brought directly on the website boutique.bottegavini.it, as fast as possible, or, anyhow, within 30 (thirty) days from the date on which Antica Bottega del Vino becomes aware of the exercise of withdrawal by the User. The refund procedure will be activated when will be verified the correct execution of the terms and conditions above indicated.
8.LImitations to the right of withdrawal on the products
the products that are damaged or used, even only in part, will not be substituted or reimbursed. The user shall include inside, the packing box, the copy of the email confirmation of the order. The right of withdrawal can’t be applicated: to the tailor-made goods or personalised goods, and to the goods which risk to deteriorate fast or to the goods which are sealed, or because of hygenic reasons they can not be restored, that is they are connected to the health protection and they are opened only after the shipping. Especially, pursuant to art. 47, paragraph 1, lett. L), of the Right of Consume, the right of withdrawal doesn’t apply on the supply agreements of foodstuffs, of beverages, or other household goods for current consumption supplied to the user's domicile, to the user’s residence or at his/her workplace, by frequent distributor.
9.Optional form to exercise the right of withdrawal
the User can withdraw using the form downloadable here, which shall be sent and filled out to the email address [email protected], before the period of withdrawal deadline.
10 Compliance guaranty
the User has the right to guarantee the conformity of the products and services bought. The guarantee has a 24 months duration from the delivery of the good and the conformity lack must be communicated to the Owner within two months from the discovery. To exercise the right of guarantee, the User shall send an email, with the following form completed to the Owner indicating, inevitably, the order number and the accurate description of the defect. (It is recommended to include also photographic material).
- Products must be returned in their original packaging; in case of wine bottles, it is necessary to return in addition to the bottle, also the cork and the original packaging.
- The returned products must be sent to the Antica Bottega del Vino.
- In case of cork breakage, substituting with another cork and postpone also the original one.
- The Products arrived in stock will be examined to evaluate any damage or tampering. It is recommended maximum attention in the preparation of the package.
ALL THE PRODUCTS ARE ESSENTIAL AND THEY WILL BE VERIFIED BY THE OWNER BEFORE GIVING AN ANSWER
If the lack of conformity of the product will be verified, the User has the right to obtain, upon return to the owner of the defective product, its repair or replacement. The User has also the right to request at the Owner a reasonable price reduction or the dissolution of the contract if the repair and replacement were impossible or burdensome, otherwise the Owner has not repaired or returned the goods within a reasonable period, however not less than 15 days, or the replacement or repair, previously carried out, have caused some inconvenience to the User. To exercise the right of guarantee and for further information in this regard, the User is obliged to contact the Owner. All products that are part of the category of "consumer goods", as well as disciplined from the article number 128, II comma of the Consumer Code, which are sold through the application are covered by the legal guarantee of conformity provided by the articles 128-135 of the Consumer Code. The legal guarantee of conformity is designed only for consumers. Therefore, it finds application, only to user who have made the purchase on the Application for purposes unrelated to business, commercial, handcrafted or professional activity.
Considering the nature of the product, taking into account that the methods of conservation of the same affect its characteristics and therefore they are likely to significantly alter the conformity of the same, the User shall indicate that she/he has adequately conserved the product and avoided any likely conduct to alter its particular characteristics. Regarding the wine, it is recommended to keep it in a fresh place (15°/18°), far from heat sources, preferably in the dark and in a horizontal position. In particular, after six months from the delivery, it is presumed that any lack of conformity will be a consequence of the way the product is stored, unless there is proof to the contrary. According of the article 130 of the Consumer Code, in case of lack of conformity of the product the User has the right to reconfirm the conformity of the product, without expenses. The user could choose between the repair of the Product or its return. This right of choice could not be exercitated if the requested remedy is objectively impossible or excessively burdensome. Furthermore the User has the right to a price reduction or to terminate the contract, only if he uses one of the following situations:
I) repair and replacement are impossible or excessively burdensome;
II) the Owner did not proceed with the repair or replacement within a reasonable time;
III)the repair or the replacement have done significant problems to the consumer.
If the user intends to enjoy the remedies provided by the legal guarantee that accompanies the Products, he/she will contact the Owner at the email address [email protected] or calling the Client Service at the phone number +39 045 595973. The Owner will promptly reply to the communication of the presumed lack of conformity and he/she will indicate to the User the precise procedure or method to follow, also taking into account the product category to which the Product belongs and/or the defect denounced.
11. Industrial and intellectual property rights
The Owner declares to be the owner of all the intellectual property rights related and/or afferent to the Application and/or to the materials and contents available on the application.
The User could use the Application and the materials and contents present there only for personal use and not commercial.
These conditions don’t allow to the user any licenses of use related to the Application and/or single contents and/or materials present there. Any other use or replica of the Application or the materials or the contents present there is strictly forbidden.
All the trademarks, figurative or nominatives and the other signs, commercial names , service marks, denominative marks, commercial denomination, illustrations, images, logos appearing on the Application are and remain exclusive property of the Owner either his licensees and are protected by trademarks law and related international treaties.
Any replicas in any form of the applicative texts and of the contents of the Application, info authorized, will be considered violations of intellectual and industrial property rights of the owner.
12. Provision of the “Application” service
the Application is provided “as it is” and “how it is available” and the Owner doesn’t offer any type of explicit or implicit guarantee in relationship to the Application, or provide any guarantee that the application will satisfy the User’s requirements or that will never have interruptions or will be error free or that will be free of viruses or bugs.
The Owner will strive to guarantee that the Application is available 24 hours for day, but she/he could not be considered responsible for any reason if the Application will not be accessible and/or actionable at any time or for any period. The Application access could be suspended temporarily and without notice in case of failure of the system, maintenance, repair, or for reasons completely unrelated to the will powers of the Owner or due to force majeure events.
13. Responsibility Limitation
the User undertakes to maintain and hold harmless the owner(as well as any companies of the same, subsidiaries or affiliates, his/her representatives, collaborators, consultants, administrators, agents, licensees, partners or employees), from any obligation or responsibility, included any legal expenses incurred to defend himself/herself in court, which may arise in the event of damage caused to other Users or third parties, in relationship to uploaded contents, to the violation of the terms of the law or of the terms of these Conditions.
Therefore, the Owner will not be responsible for:
1. any losses that are not a direct consequence of the violation of the Contract by the Owner
2. any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of explanation and non-exhaustive, commercial losses, loss of reputation or goodwill value, etc.)
3. damages or losses deriving from interruption or malfunctioning of the Application due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and unrelated to the sphere of control of the Owner which, by way of example and without limitation, failures or interruptions to the telephone or electronic lines, to the internet and / or in any case to other transmission instruments, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications;
4. incorrect or unsuitable use of the Application by Users or third parties;
5. the issue of incorrect tax documents due to errors in the data provided by the user, since the latter is solely responsible for the correct entry.
Under no circumstances, the limit of liability of the holder may be more than twice the cost paid by the user for the service used.
14. Connection to third-party sites
the Application could include connections to third-party sites. The Owner doesn’t exercise any control on them, and, for this reason, he/she is not responsible for responsible for the contents of these sites. Some of these connections could refer to third-party sites which provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the site will apply to the individual service prepared by third parties, with respect to which the Owner assumes no responsibility.
15. Major force
the Owner could not be considered responsible for the failure or delayed fulfillment of its obligations herein, due to circumstances beyond the reasonable and foreseeable control of the Owner.
The fulfillment of the obligations by the Owner in accordance with these Conditions will be considered suspended for the period in which the Force Majeure Events occur.
The Owner will fulfill any act in his/her power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of Force Majeure Events.
no renunciation on the part of each party to an article of these Conditions will be effective unless expressly declared to be a waiver and be communicated in writing.
17. Invalidity of single clauses
If any provision of these Conditions is found to be illegal or invalid, it will not considered as part of the General Conditions and this will not affect the remaining provisions that will continue to be valid to the fullest extent permitted by law.
the Owner has the discretion of modify, anytime he/she wants, the Conditions giving specific notice on the Application. The User acknowledges and agrees that any changes to these Conditions will apply to orders sent by Users after the date on which the conditions change.
the legal protection and the treatment of the personal data will occur in accordance with the Privacy notice, which can be consulted on the page www.boutique.bottegavini.it/privacy
20. Applicable law and competent court
these Terms and all disputes concerning the execution, interpretation and validity of this contract are subjected to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is located. If the User is a consumer pursuant to art. 3 of the Consumer Code, territorial jurisdiction unauthorized is the judge of the place of residence or domicile of the consumer, if located in
territory of the Italian State, without prejudice to the right of the user-consumer to bring proceedings in courts other than the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set forth in articles. 18, 19 and 20 of the civil code of procedure.
21. Online dispute resolution for consumers
the consumer, residing in Europe, must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve any dispute in a non-judicial manner relating to and / or deriving from contracts for the sale of goods and services stipulated in the network. As a result, the European consumer, can use this platform to resolve any dispute arising from the online contract with the Owner. The platform is available at the following address: