General conditions of Sale
The following General Conditions of Sale regulate the offer and sale of products on this website most commonly referred to as "Site".
The products and / or services purchased on the Website are offered and sold by WINEAFTERWINE of Vergamini Simone, C.F./ P.IVA 02485110460, with registered office in Via Casetta, 1 - 55032 - Castelnuovo di Garfagnana (LU). In this document WINEAFTERWINE will be referred to as "Uvaggio", which is the hallmark under which it sells on the Site.
You can request any information and / or send communications and / or make complaints about sales, purchase orders, products, payments and shipments, by contacting the Customer Service of Uvaggio ("Customer Service"), in the manner specified in art. 9.
1. Scope of
1.1 The offer and sale of the products marketed on the Site ("Products") constitute a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.
1.2 These General Conditions of Sale apply to all sales made by Uvaggio on the Site. Particular sales, such as, for example, those relating to vouchers as part of the provision of the e-couponing service, may be governed by conditions special ("Special Conditions"). In these cases, the Special Conditions will be applied, together with these General Conditions of Sale, as far as compatible and as otherwise specified in the Special Conditions.
1.3 The General Conditions of Sale can be changed at any time. Any changes and / or new conditions will be effective from the moment of their publication in the "Conditions of Sale" section of the Site. For this reason users are invited to regularly access the Site and to consult, before making any purchase, the most updated of the General Conditions of Sale. The applicable General Conditions of Sale are those in force at the date of sending the purchase order.
The user is obliged to read carefully these General Terms and Conditions of Sale and the Special Conditions, which Uvaggio makes available to him in the "Conditions of Sale" section of the Site and for which it is allowed to be stored and reproduced, as well as all the other information that Uvaggio provides on the Site, both before and during the purchase process.
1.4 These General Terms and Conditions of Sale are applicable to Italian territory only. They do not regulate the sale of products and / or the provision of services by parties other than Uvaggio that are present on the Site through links, banners or other hypertext links. Before making commercial transactions with such subjects it is necessary to check their conditions of sale. Uvaggio is not responsible for the supply of services and / or for the sale of products by these subjects. On websites that can be consulted through these links, Uvaggio does not carry out any checks and / or monitoring. Uvaggio is therefore not responsible for the contents of these sites nor for any errors and / or omissions and / or violations of the law by the same.
2. Purchases on the Website
2.1 Access to the offers on the Site is reserved exclusively for users who are 18 years old and who are members of the Uvaggio club. To become a member of the Uvaggio club it is necessary to register on the Website, creating a Uvaggio account.
2.2 Access to the offers on the Site is allowed both to users and consumers, as defined by art. 3, co. 1, lett. a) of Legislative Decree 206/2005 ("Consumer Code"), meaning the natural persons who, in relation to the purchase of the Products, act for purposes unrelated to commercial, artisanal, entrepreneurial or professional activity carried out, both to users who are not consumers within the meaning of that definition.
2.3 There is a limitation on the purchase of a minimum piece for each order, also for certain products this limitation can be increased. In no case can they make purchases on the Site the retailers or wholesalers or, in general, all the subjects who intend to purchase the Products for the purpose of subsequent resale. It is therefore forbidden for such persons to register on the Site and make purchases on the Site. The subjects referred to in art. 8.7.7.
2.4 Uvaggio reserves the right to refuse or cancel orders that come (i) from a user with whom it has a legal dispute in progress; (ii) by a user who has previously violated these General Conditions of Sale and / or the conditions and / or terms of the purchase contract with Blending; (iii) by a userthat he has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) by users who have issued false, incomplete or inaccurate identification data or who have not promptly submitted to Uvaggio the documents requested by the same in the procedure or that have sent invalid documents; (v) by users who do not give sufficient guarantees of solvency.
2.5 Please note that the sale of alcoholic beverages is forbidden to minors under the age of 18, according to the provisions of art. 7 of the law of 8 November 2012, n. 189 and that, therefore, Uvaggio, does not offer and does not sell wine and / or alcoholic beverages to minors under the age of 18. In order to verify the existence of the minimum age required by law, in the case of purchase of wine and / or alcoholic beverages , Uvaggio reserves the right to ask the user, during the purchase process, to enter their tax code. If the tax code shows that the user is under 18 years of age, he will be prevented from continuing the purchase process and submitting the related order. In any case, if, for any reason, even of a technical nature, the purchase order should still be sent, it will be immediately terminated pursuant to and for the purposes of art. C. 1456, awaiting its opposition to current legislation. The user will be promptly informed by e-mail of the cancellation of the order and, if payment has already been made, Uvaggio will refund the total amount paid, consisting of the purchase price of the Product, shipping costs, if applied, and any other additional cost, as indicated in the order form, with the procedures and timescales as per art. 7.2, last paragraph that follows.
3. Registration on the Website
3.1 Registration on the Site is free. To register on the Site, the user must complete the registration form, entering the name, surname, an e-mail address and a password and click on the "Send" button on the form. Registration will be confirmed by e-mail to the user who, in order to complete the registration procedure, must click on the appropriate link contained in the communication received.
3.2 Registration credentials must be used exclusively by the user and can not 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 Uvaggio without delay, by contacting them as indicated in art. 17, in case of suspected improper use and / or disclosure of the same. The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful. Each user is allowed to register on the Website for one time only, since multiple registrations made by a single user are prohibited. Where Uvaggio detects that the same user has made multiple registrations on the Site, Uvaggio reserves the right to proceed, immediately and without prior notice, to block the related Uvaggio account. The user agrees to keep Unvaried from any damage, obligation and / or compensation arising from and / or in any way related to the violation by the user of the rules on registration to the site or on the retention of registration credentials.
4. Information direct to the conclusion of the contract
4.1 In compliance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, Uvaggio informs the user that:
to. to conclude the contract for the purchase of one or more Products on the Site, the user must complete an order form in electronic format and transmit it to Uvaggio, electronically, following the instructions that will appear from time to time on the Site and which will accompany the different phases of the purchase;
b. the contract is concluded when the order form reaches the Blending server;
c. before proceeding with the transmission of the order form, the user will be able to identify and correct any errors in data entry, following the instructions indicated on the Site from time to time and which will accompany the different phases of the purchase;
d. once registered the order form and received confirmation of the authorization to pay the total amount due, Uvaggio will send to the user, via e-mail to the e-mail address indicated, the order confirmation, containing a summary of the General Conditions of Sale and special conditions applicable to the contract, information on the characteristics of the product purchased, detailed indication of the price, the means of payment used, information on the right of withdrawal, delivery costs and any additional costs , for the duration of the contract, if applicable, as well as, in the case of an automatic renewal contract, an indication of the conditions for termination of the contract, and of customer service contacts, to which the user can request assistance and / or make complaints . It is recommended to keep the e-mail received as proof of purchase. The General Conditions of Sale applicable to the order, as well as the standard instructions on withdrawal and the withdrawal form as per art. 10 will be attached to the e-mail confirming shipment;
is. the order form will be stored in the Uvaggio database for the time necessary to process the order and, in any case, according to the law. To access your order form, the user can consult the "Profile - My Orders" section of the Site where he will find the list of all orders placed.
f. The language available to users for the conclusion of the contract is Italian. Customer Service is able to communicate with users in the same language.
5. Validity of offers and prices
5.2 All prices of the Products are expressed in Euro (€) and are inclusive of Value Added Tax ("VAT"). The shipping costs and any other additional cost, including VAT and expressed in Euro (€), will be expressly and separately indicated in the order form, before the user proceeds to the transmission of the same, as well as on the e-mail order confirmation.
5.3 The price of the Products may be modified by Uvaggio at any time, without notice, provided that the price charged to the user will be the one published on the information sheet that shows the main characteristics of the Product ("Product Card") at the time of sending order. Any changes (increasing or decreasing) in price after the order transmission will not be taken into account.
6. Purchase orders; Product information
6.1 Uvaggio will process the purchase order, and then make the shipment of the purchased product, only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applied, and any other additional cost, as indicated in the order form ("Total amount due"). In the event that the Total Due Amount is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be terminated by right pursuant to and for the purposes of art. 1456 c.c .. Of such resolution and of the consequent cancellation of the order, the user will be notified immediately after the transmission of the order, through the Site.
6.2 The Products will remain the property of Uvaggio until the payment of the Total Due Amount by the user. The risk of loss or damage to the Products, for reasons not attributable to Uvaggio, will instead be transferred to the user when the user, or a third party designated by him and different from the carrier, will physically come into possession of the Products.
6.3 The Products offered on the Website are the articles in the electronic catalog published on the Website at the time the order is placed by the user.
6.4 Each Product is accompanied by a Product Card. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the real colors due to the settings of the computer systems or computers used by users for their visualization. Furthermore, the images of the Product in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with tolerances for use. For the purpose of the purchase contract, the description of the Product contained in the order form transmitted by the user will be considered valid.
7. Availability of Products
7.1 The products offered on the Website are limited in number. It may therefore happen, also due to the possibility that several users buy 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 the 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.
The user will then be entitled to immediately terminate the contract, except for the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V comma, of the Consumer Code. Without prejudice to this right, Uvaggio undertakes to recognize the user, at the choice of the latter, a voucher or the Vip Card, according to the terms and conditions set forth in art. 7.3 that follows.
In the event that the user makes use of the right of resolution pursuant to art. 61, IV and V comma, Consumer Code, and the payment of the Total Amount Due had already occurred, Uvaggio will refund the Total Due Amount without undue delay and, in any case, within 15 working days from sending the order. The refund amount will be communicated to the user by e-mail. This amount will be credited to the same payment method used by the user for the purchase. Possible delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit.
7.3 In the event that the user does not proceed with the termination of the contract pursuant to art. 61, IV and V comma, Consumer Code, without prejudice to the possibility for the user to make use of this remedy at any time and / or the ordinary means of protection provided by law and, in particular, by Chapter XIV of the Title II of Book IV of the Civil Code, Uvaggio commits itself to recognize to the user, as soon as the unavailability of the Product has been communicated, and in any case within 15 days from that moment, a voucher of Euro 5.00 , spendable on the site.
7.4 In the case of orders relating to a number of Products ("Multiple Order"), if the unavailability occurs only for some of the Products covered by the Multiple Order - without prejudice to the rights attributed to the user by law, and in particular from Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of articles 7.2 and 7.3 above, if the unavailability occurs regarding all the Products included in the order - Blending will notify the user immediately by e-mail.
The user will then be entitled to immediately terminate the contract, limited to the Product (s) that has become unavailable, subject to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V comma, of the Consumer Code. Without prejudice to this right, Uvaggio undertakes to recognize the user, at the choice of the latter, a good purchase, according to the terms and conditions set forth in art. 7.3 that precedes.
In the event that the user makes use of the right to terminate as per art. 61, IV and V paragraph, Consumer Code, the purchase contract concerning the Product and / or Products entered / i in the Multiple Order and become / i unavailable / i will be partially solved, limited to this Product / s , with the consequent return, if already paid, of the amount due in relation to this Product / s, including delivery costs, calculated as in the paragraph below, and any other additional cost due in connection with specific Products ("Due Partial Amount"); the resolution of the whole Multiple Order will be possible only in the case of evident and proven ancillary nature of the Products covered by the Multiple Order that have become unavailable compared to the other Products covered by the Multiple Order available.
In the case provided for in the preceding paragraph, the quantification of delivery costs to be returned to the user will be carried out according to the provisions of art. 8.4 that follows.
The Partial Amount Due by the user in relation to the Product (s) that has become unavailable / i, if the payment has already been made, will be reimbursed to the user with the times and methods indicated in art. 7.2, last paragraph.
8. Online dispute resolution for consumers
8.1 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 in a non-judicial manner any dispute concerning and / or deriving from contracts for the sale of goods and services stipulated on the network. As a consequence, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
The Owner is available to answer any query sent by email to the email address published in this document.