Terms and Conditions ofVinové

 

These Terms govern

 

·      the use of Vinové e

·      any other Agreement or legal relationship with the Owner

 

in a binding manner. Capitalized expressions are defined in the relevant section of this document.

 

The User is requested to read this document carefully.

 

Punch Srl
Via Martiri della Liberazione 38, 16043 Chiavari GE

Owner contact email:[email protected]

 

Information about Vinové

Vinové is an online sales service for wine and other spirits.

 

Introduction

This document

This document constitutes a legal agreement between you, as a User, and the company that manages Vinov√© and governs your use of the website and, in any case, the use of the services provided. ‚ÄúLegal Agreement‚ÄĚ means that the terms of this agreement, once accepted by the User, are binding on the User.
For simplicity, "User", "you", "your" and similar terms, both in the singular and in the plural, refer to you, the User. ‚ÄúWe‚ÄĚ, ‚Äúour‚ÄĚ and similar terms refer to the company that owns and operates Vinov√©. "Vinov√©" refers to this site and / or application. "Agreement" refers to this document, as amended from time to time. The Contract is concluded in the Italian language. Other definitions can be found in the "Definitions" section at the end of this Agreement.

 

Acceptance of the Agreement

In order to use Vinové, you must carefully read and accept the Agreement by clicking on the specific acceptance button. If you do not accept the Agreement you will not be able to use the Service.

 

Registration, Vinové content and prohibited use

Registration

In order to use the Service or part of it, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions. The User has the duty to guard and keep his access credentials confidential.

It is understood that in no case can the Owner be held responsible in the event of loss, diffusion, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.

 

Account cancellation and termination of User accounts

Registered Users can deactivate their accounts, request their cancellation or stop using the Service at any time, through the Vinové interface or by contacting the Owner directly.
The Owner, in case of violation of these Terms, reserves the right to suspend or close the User's account at any time and without notice.

The Owner reserves the right to suspend or cancel the User's account at any time and without notice if it believes that:

 

·      the User has violated the Agreement; and / or

·      access or use of the Service could cause damage to the Owner, to other Users or to third parties; and / or

·      the use of Vinové by the User may result in a violation of the law or applicable regulations; and / or

·      in the event of investigations conducted as a result of legal actions or for the involvement of the public authority; and / or

·      the account is considered by the Owner, at its sole discretion and for any reason, inappropriate or offensive or in violation of the Agreement or not in line with the standards of the Owner.

 

Content available on Vinové

The contents available on Vinové are protected by copyright law and other international laws and treaties aimed at protecting intellectual property rights and, unless otherwise specified, their use is permitted to Users only within the limits specified in this clause. .
The Owner grants the User, for the entire duration of the Contract, a personal, non-transferable and non-exclusive license, for exclusive personal and never commercial purposes and limited to the device used by the User for the use of such contents.
Therefore, it is expressly forbidden for the User to copy and / or download and / or share (except within the limits illustrated below), modify, publish, transmit, sell, sublicense, process, transfer / assign to third parties or create derivative works. in any way from the contents, including third parties, available on Vinové, nor allow third parties to do so through the User or his device, even without his knowledge.
Where expressly indicated on Vinové, the User, for mere personal use, may be authorized to download and / or copy and / or share some content made available on Vinové, provided that he faithfully reproduces all the copyright indications and other information provided. by the Owner.

 

Content Provided by Third Parties

The Owner does not make any preventive moderation on the contents or links provided by third parties shown on Vinové. The Owner is not responsible for such contents and their accessibility.

 

Content provided by the User

Users are responsible for their own content and those of third parties that they share on Vinové, by uploading them, inserting content or in any other way. Users release the Owner from any liability in relation to the unlawful dissemination of third party content or the use of Vinové, in ways that are contrary to the law.

The Owner does not carry out any type of moderation of the contents published by the User or by third parties, but undertakes to intervene in the face of reports from Users or orders given by public authorities in relation to content deemed offensive or illegal.
In particular, the Owner may suspend or interrupt the display of the contents in the event that:

 

·      complaints from other Users are received;

·      receives a report of infringement of intellectual property rights;

·      believes it must do so in anticipation of, or as a result of, legal action;

·      such action is required by public authorities; or

·      believes that this content, remaining accessible through Vinové, could put Users, third parties, the availability of the Service and / or the Owner at risk.

 

Rights on content provided by Users

The only rights granted to the Owner in relation to the content provided by Users are those necessary for the operation and maintenance of Vinové.

Unless otherwise established, by sending, publishing or displaying content on or through Vinové, the User grants the Owner and other Users a license without territorial limits, non-exclusive, free and with the right of sublicense, for use , copying, reproducing, processing, adapting, modifying, publishing, transmitting, displaying and distributing such content with any media or distribution method currently available or developed thereafter.

 

Services Provided by Third Parties

Users may use services or content included in Vinové provided by third parties, but they must first have read the terms and conditions of such third parties and have accepted them. Under no circumstances can the Owner be held responsible in relation to the correct functioning or availability, or both, of services provided by third parties.

 

Usage not permitted

The Service must be used as established in the Terms.
Users cannot:

 

·      reverse engineer, decompile, disassemble, modify or create derivative works based on Vinové or any portion of it;

·      bypass the computer systems used by Vinové or its licensors to protect the content accessible through it;

·      copy, store, modify, change, prepare derivative works or alter in any way any of the contents provided by Vinové;

·      use any robot, spider, search application and / or site retrieval, or any other device, process or automatic means to access, retrieve, scrape or index any portion of Vinové or its contents;

·      rent, lease or sublicense Vinové;

·      defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights of others;

·      disseminate or post illegal, obscene, illegitimate, defamatory or inappropriate content;

·      illegally appropriate the account in use with another User;

·      register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through Vinové;

·      use Vinové in any other improper way that violates the Terms.

 

Terms of sale

 

Purchase

Payment services

Vinové provides some subscriptions or paid services.
The fees, duration and conditions of the accounts and paid services are indicated in the relevant section of Vinové.

 

Purchase procedure

Each order sent constitutes an offer to purchase the products. Orders are subject to availability and the owner's discretionary acceptance.
The User must select the products and complete the check-out, after carefully checking the information contained in the order summary. The order is placed by confirming the order and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form.

The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place when the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, communicating to the User within 5 working days of placing the order, at the email address associated with his purchase, of any unavailability of one or more of the products purchased. In this case, the Owner will refund the price and shipping costs incurred by the User.

 

Terms of payment

Vinové uses third-party tools for processing payments and does not in any way enter into contact with payment data - such as those relating to the credit card - provided.

Any costs for managing payments from the User that are not accepted will be charged to the User.

 

Prior authorization for future payments via PayPal

In case of payment via PayPal account, during the purchase, Vinové will memorize an identification code linked to the customer's PayPal account, which authorizes Vinové for exclusive use linked to future purchases.

It is possible to revoke the above authorization at any time, through the Vinové interface or by contacting the Data Controller directly.

 

Delivery

Delivery

Deliveries are made during normal working hours to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must check the content by specifying any anomalies in the delivery form.
In case of failure to collect within the deadline set by the carrier, the products will be returned to the Owner, who will refund the price of the products, but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage that may have occurred to the Products after delivery to the carrier, where the latter has been chosen and appointed by the User or for delays in delivery attributable to the latter.

 

Retention of title

Until full payment of the price of the products ordered, the products remain the property of the Owner.

 

Availability of products

The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and may not constitute an exact representation of the products. The Owner will do its best to present the characteristics of the products with the greatest degree of detail possible on Vinové within each tab corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on Vinové may differ from the real ones due to multiple factors including, but not limited to, the User's terminal monitor, photographic filters, etc. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.

 

Execution of the Order

The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Owner cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.

 

Right of withdrawal and guarantee

Right of withdrawal

In case of purchase of products or services on Vinové, the User has the right to withdraw from the contract without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party - other than the carrier and designated by the User - acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Owner of the decision to withdraw by means of an explicit declaration sent to the contacts indicated.

To this end, you can use the model for exercising the right of withdrawal reported in the "definitions" section of this document. Furthermore, the User is free to express his / her choice to withdraw from the contract in any other equivalent form.

 

Effects of withdrawal

If the User withdraws from this contract, he will be reimbursed for all payments he has made to the Owner, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of delivery. standard offered) without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from this contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to incur any costs as a consequence of this reimbursement. The reimbursement may be suspended until receipt of the goods or until the User demonstrates that he has returned the goods, whichever is earlier.

The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the User sends back the goods before the expiry of the 14-day period. The User is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

The costs of returning the goods will be borne by the User.

 

Limitations to the right of withdrawal

Returned products that are damaged or used in a different and further way than is strictly necessary to establish their nature, characteristics and functioning will be reimbursed after deduction of the decrease in value resulting from damage or use. Reimbursement is excluded when the decrease in value is total.
The User is requested to insert a copy of the delivery document received inside the package.

The right of withdrawal is in any case excluded in relation to:

 

·      goods made to measure or clearly personalized;

·      the supply of goods which are liable to deteriorate or expire rapidly;

·      the supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and have been opened after delivery.

 

If one of the aforementioned exceptions were applicable to the goods purchased by the User, the latter will not be able to exercise the right of withdrawal.

 

Applicability of the withdrawal clauses

The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who qualifies as a consumer, that is to the User who acts for purposes unrelated to his business and professional activity.

 

Legislative references

Legislative Decree 21/2014 - implementing Directive 2011/83 / EU on consumer rights.

 

Warranty

The User who purchases as a consumer has the right to guarantee the conformity of the products and services purchased within the limits of 24 months from the purchase provided that communication is given within 2 months of their discovery.

To exercise the right of guarantee, the User is required to contact the Data Controller at the contact information contained in this document, giving an accurate description of the defect found.
If the lack of conformity of the product is ascertained, the User has the right to obtain, at his choice, the repair or replacement of the product.
The User also has the right to request from the Owner an appropriate price reduction or the termination of the contract in the following cases:

·      if the repair and replacement are impossible or excessively expensive;

·      if the Owner has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days;

·      if the replacement or repair previously carried out has caused significant inconvenience to the User.

However, the User is obliged to return the defective products.

 

Compensation and Limitation of Liability

Indemnify

The User undertakes to indemnify the Owner (as well as any companies controlled or affiliated by the same, its representatives, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend themselves. in court, which should arise in the face of damage caused to other Users or third parties, in relation to the content uploaded online, to the violation of the law or of the terms of these conditions of service.

 

Limitation of Liability

Vinové and all the functionalities accessible through Vinové are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, explicit or implicit, which is not mandatory by law. In particular, no guarantee is given of the suitability of the services offered for the particular purposes set by the User.
The use of Vinové and the functionalities accessible through Vinové is carried out by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of the applicable law, is liable for damages of a contractual and extra-contractual nature towards Users and third parties exclusively by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of Vinové's activity. Therefore, the Owner will not be responsible for:

 

·       any losses that are not a direct consequence of the breach of the Agreement by the Owner;

·      any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill value, etc.);

·      damages or losses deriving from interruptions or malfunctions of Vinové due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the control of the Owner such as, by way of example and not limited to, failures o interruptions to telephone or electrical lines, to the Internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of third-party products, services or applications; and

·      incorrect or unsuitable use of Vinové by Users or third parties.

 

Common provisions

Interruption of the Service

To guarantee Users the best possible use of the Service, the Owner reserves the right to interrupt the Service for maintenance or system updates, informing Users through constant updates on Vinové.

 

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Vinové and its Services without the prior written permission of the Owner, granted either directly or through a specific resale program.

The Owner could tolerate forms of resale carried out on a personal (one by one) and limited basis; any form of mass resale is expressly excluded.

 

Privacy policy

For information on the use of personal data, Users must refer to Vinové's privacy policy, which is considered part of these Terms.

 

Intellectual Property Rights

All trademarks of the Application, figurative or nominative, and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos that appear concerning Vinové are and remain the exclusive property of the Owner or his licensees and are protected by current trademark laws and related international treaties.

All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the contents published by such third parties on Vinové are and remain the exclusive property or in the availability of said third parties. third parties and their licensors and are protected by applicable trademark laws and related international treaties. The Owner does not own the ownership of these intellectual property rights and can use them only within the limits and in compliance with the contracts concluded with such third parties and for the purposes outlined therein.

 

Age requirements

Users declare to be of age according to the legislation applicable to them. Under no circumstances may children under the age of 13 use Vinové.

Conditions for receiving deliveries

Furthermore, the User who makes the purchase through Vinové declares and guarantees that whoever will receive the shipment of the purchased products is of age according to the legislation applicable to the latter.

 

Changes to these Terms

The Owner reserves the right to make changes to the Terms at any time, giving notice to the User through its publication within Vinové.
The User who continues to use Vinové after the publication of the changes accepts the new Terms without reserve.

 

Transfer of the contract

The Owner reserves the right to transfer, assign, arrange by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User's rights provided herein are not affected.

The User may not assign or transfer in any way their rights or obligations under the Terms without the written authorization of the Owner.

 

Communications

All communications relating to Vinové must be sent using the contact information indicated in the Contract.

Ineffectiveness and partial nullity

Should any clause of the Terms prove to be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain fully effective.

 

Applicable law and competent court

These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Data Controller has its registered office.
The exclusive forum of the consumer is an exception, if the law provides for it.

 

Dispute Resolution

Online dispute resolution for consumers

The consumer resident 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 in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available atfollowing link.

The Data Controller is available to answer any question sent by email to the email address published in this document.

 

 

Definitions and legal references

 

Vinové (or this Application)

The structure that allows the provision of the Service.

 

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

 

Model withdrawal form

Addressed to:

 

Punch Srl

Via Martiri della Liberazione 38, 16043 Chiavari GE

 

I / we hereby notify the withdrawal from my / our contract of sale of the following goods / services:

_____________________________________________ (insert here a description of the goods / services from which you intend to withdraw)

·      Ordered on: _____________________________________________ (insert date)

·      Received on: _____________________________________________ (insert date)

·      Name of the consumer (s): _____________________________________________

·      Address of the consumer (s): _____________________________________________

·      Date: _____________________________________________

(sign only if this form is notified on paper)

 

Order Confirmation

Indicates the email that the Owner sends when the products are shipped confirming the shipment of all or part of the products purchased.

 

Owner (or Us)

Indicates the natural or legal person who provides Vinové and / or offers the Service to Users.

 

Service

The service offered through Vinové as described in the Terms and on Vinové.

 

Terms

All the conditions applicable to the use of Vinové and / or to the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the respectively most updated version.

 

User (or You)

Indicates any natural person who uses Vinové.

 

Order processing receipt

Indicates the email that the Owner sends upon receipt of the order.