To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
- Owner: Tenuta Buon Tempo Soc. Agr. S.r.l., headquartered in Loc. Oliveto, Siena, SI, 53024 Italy, in the person of its legal representative, is the data controller of your personal data (“Tenuta Buon Tempo” or “Data Controller”).
- Applicazione: the website and application www.wineclub.tenutabuontempo.com, which offers a wine club platform specializing in the sale of wine.
- PRoduct: the products and/or services offered through the Application;
- User: the person accessing the Application, without distinction of legal nature and purpose pursued, interested in the Products offered through the Application;
- Consumer: a natural person acting for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out;
- Terms: this contract governing the relationship between the Owner and Users and the sale or provision of the Products offered through the Application.
2. Stipulation, conclusion and effectiveness of the Conditions
The contract for the purchase of Products is concluded by the exact completion and submission of the order form. This form contains the details of the originator and the order, the price of the Product purchased, any additional charges, the terms and conditions of payment, the time for the performance of the Product, the address where the Product will be delivered, the timing of delivery and the existence of the right of withdrawal as well as consent to the processing of personal data.
At the time when the Holder receives from the User the order it will provide for the sending of a confirmation e-mail or the display of a web page of confirmation and summary of the order, printable, in which the data recalled in the preceding paragraph will also be reported.
The Conditions shall not be deemed effective between the parties in default of the provisions of the preceding paragraph.
The Owner may modify or simply update, in whole or in part, these Conditions. User acknowledges and agrees that any changes to these Terms will apply to orders submitted by Users after the date of notice of change in the Terms. You are therefore encouraged to review the Terms each time you access the Application and are advised to print a copy for future reference.
It is understood that in no case can the Owner be held liable in case of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of Users’ access credentials.
4. Account deletion and termination
Registered Users may stop using the Products at any time and deactivate their accounts or request their deletion through the Application interface, if possible, or by sending a written notice to the e-mail address firstname.lastname@example.org
5. Purchases on the Application
The purchase of one or more Products through the Application is allowed both to Users who hold the quality of Consumer, and to Users who do not hold this quality.
Pursuant to art. 3, I paragraph, lett. a) of Legislative Decree 206/2005 (“Consumer Code”), please note that the quality of Consumers is held by natural persons who, in relation to the purchase of Products, act for purposes unrelated to the entrepreneurial, commercial, professional or craft activity possibly carried out.
Natural persons are allowed to purchase only on condition that they are at least eighteen years old.
The Owner undertakes to describe and present the Products sold on the Application in the best way possible. Nevertheless, some errors, inaccuracies or minor differences between the Application and the actual Product may become apparent. Furthermore, any photographs of the Products on the Application do not constitute a contractual element, as they are only representative.
The User expressly grants the Owner the right to accept even partially the order placed (for example, in the event that there is no availability of all the Products ordered). In this case, the contract shall be deemed to have been concluded with respect to the Products actually sold.
The Holder reserves the right to refuse an order:
- when the Product is unavailable;
- when authorization to charge the User for the cost of the Product is denied;
- when an obviously incorrect price is indicated at the time of purchase and recognizable as such. In such cases, the User will be contacted by Customer Service to be informed and will receive a refund relative to the transaction made.
6. Prices and Payments
The Owner reserves the right to change, at any time, the price of the Products and any shipping costs of the same. It is understood that any changes will in no case affect contracts already concluded prior to the change.
The sale prices of the Products are inclusive of VAT, if due; any other possible shipping costs to be borne by the User will be indicated before the confirmation of the purchase.
For shipments outside the European Union with the sole exception of the USA, customs duties and any other taxes that the courier may require are the responsibility of the recipient.
The User agrees to pay the price of the Product purchased in the time and manner indicated in the Application and to communicate all the necessary data to make possible the proper delivery of the Products.
Any reimbursement to the User will be credited promptly by one of the methods proposed by the Owner and chosen by the User and, in case of exercise of the right of withdrawal, at the latest within 30 days from the date on which the Owner became aware of the withdrawal.
All payment-related communications take place using a connection protected by an appropriate encryption system. The Holder guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current data protection regulations.
8. Method of delivery of tangible Products
Material Product means any movable property or digital good delivered on a material medium offered through the Application.
The material Products ordered will be delivered to the User, at the address indicated by the User, in the manner chosen by the User or indicated in the Application at the time of purchase. Delivery will take place within the terms indicated in the order confirmation.
Upon receipt, the User is required to verify the conformity of the Product delivered with the order placed; only after such verification should the delivery documents be signed, without prejudice to the right of withdrawal.
Should an order exceed the existing quantity in the warehouse, the Holder, by e-mail, will inform the User whether the Product is no longer bookable or what the waiting time is to obtain it, asking whether or not he intends to confirm the order.
The Holder assumes no responsibility for the delay or non-delivery of the Product attributable to force majeure causes such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, to give execution in the agreed time.
The Owner shall not be liable to any party or third party with respect to damages, losses and costs incurred as a result of the non-execution of the contract due to the aforementioned causes, the User being entitled only to a refund of any price paid.
9. Right of Withdrawal of Material Products
The User who holds the quality of consumer and who for any reason is not satisfied with the purchase made of Material Products has the right to withdraw from the contract entered into, without penalty and without specifying the reason within the period of 14 days from the date of delivery of the Product.
It is understood that the right of withdrawal referred to in the preceding paragraph is excluded in the following cases:
- supply of custom-made or clearly customized Products;
- supply of sealed audio or video recordings or sealed computer software that have been opened after delivery.
In order to rescind The User will be informed of the modalities concerning the return of the Product. The sending of the communication may validly be replaced by the return of the purchased Product, provided that it is within the same terms. The date of delivery to the post office or forwarding agent will be authentic between the parties.
In the event of withdrawal, the Holder will refund the payments received from the User as well as the delivery costs without undue delay and, in any case, no later than 30 days from the day on which the User notified the Holder of his intention to withdraw from the contract.
The Holder will reimburse the User in the same payment methods used by the User for the online purchase.
The User shall return the Products at his or her own expense, unless the Provider agrees to bear it, without undue delay and in any event within the period of 14 days from the date on which he or she has notified the Holder of his or her decision to withdraw.
You are responsible for the integrity of the Product for as long as the same property is in your possession and shall take all appropriate measures to preserve the Product and make every effort to ensure that the Product is returned in the best possible condition, including undamaged original packaging, instruction manuals, accessories, any separate items and any other components. The Product must not have been subjected to any handling other than that necessary to establish the nature, characteristics and operation of the Product.
The Owner will not consider requests for return if the returned Product is found to be malfunctioning due to misuse, neglect, damage or physical, cosmetic or superficial alterations, tampering or improper maintenance, or wear and tear.
10. Optional form to exercise the right of withdrawal.
Optionally, the User may withdraw using the following form, which must be completed in its entirety and sent to the e-mail address email@example.com, before the expiration of the withdrawal period:
I hereby give notice of withdrawal from the contract of sale relating to the following goods/services: ______
Order number: ______
Ordered on: ______
Full Name: ______
E-mail associated with the account from which the order was placed: ______
11. Conformity Warranty.
All Products that fall under the category of “consumer goods”, as governed by art. 128, 2nd paragraph of the Consumer Code, sold through the Application are covered by the legal guarantee of conformity provided for in articles 128-135 of the Consumer Code. The legal guarantee of conformity is reserved for Consumers. It, therefore, finds application, only to Users who have made the purchase through the Application for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity possibly carried out.
To those who have purchased on the Application and who do not have the quality of Consumers will be applied the warranties for the defects of the thing sold, the warranty for defect of promised and essential qualities and the other warranties provided for by the Civil Code with the related terms, forfeitures and limitations (Articles 1490 et seq. c.c.).
A lack of conformity that becomes apparent within 24 months from the date of purchase of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, defects of conformity that become apparent within six months of delivery of the Product shall be presumed to have existed on that date, unless such presumption is inconsistent with the nature of the Product or the nature of the conformity defect. After the six months, it will be the User’s responsibility to provide proof that the damage did not originate from misuse or improper use of the Product.
Pursuant to Article 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to have the Product restored to conformity, without charge. To this end, the User may normally choose between the repair of the Product or its replacement. This right of choice may not be exercised if the remedy sought is objectively impossible or excessively onerous. In addition, the User shall only be entitled to an appropriate price reduction or termination of the contract if one of the following situations occurs: i) repair and replacement are impossible or excessively burdensome; ii) the Owner has failed to repair or replace within a reasonable period of time; iii) the replacement or repair has caused significant inconvenience to the consumer.
If the User wishes to take advantage of the remedies under the legal warranty accompanying the Products, the User should contact the Owner at firstname.lastname@example.org. The Owner will promptly acknowledge the communication of the alleged conformity defect and will indicate to the User the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the reported defect.
12. Creative Commons License.
The content and/or materials available on the Application are made available based on the terms of this “Creative Commons Public License CC BY-NC 3.0 EN” (“License”). The content and/or materials available on the Application are protected by copyright, other rights granted by copyright law (related rights, database rights, etc.) and/or other applicable laws. Any use of the content and/or materials available on the Application that is not authorized under this License and/or other applicable laws is prohibited.
The Owner grants the User the rights listed below on condition that the User agrees to abide by the terms and conditions set forth in this License.
The Owner permits the User to reproduce, distribute, communicate to the public, perform, play, transform the content and/or materials available on the Application by any means and format, but not for commercial purposes, provided that authorship is acknowledged and the User provides a link to the license and indicates whether any modifications have been made. The full license can be found at this address: https://creativecommons.org/licenses/by-nc/3.0/it/legalcode.
13. Disclaimer of Warranty.
The Application is provided on an “as is” and “as available” basis and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will never be uninterrupted or error-free or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the Application is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly beyond the Owner’s control or for events of force majeure.
14. Limitation of Liability
The Holder shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its own control or that of its subcontractors.
The Holder shall also not be liable in respect of damages, losses and costs suffered by the User as a result of the non-performance of the contract due to causes not attributable to him, the User being entitled only to the eventual full refund of the price paid and any ancillary charges incurred.
The Owner assumes no liability for any fraudulent and illicit use that may be made by third parties, of credit cards, checks and other means of payment, when paying for the services purchased, if it proves that it has taken all possible precautions based on the best science and experience at the time and according to ordinary diligence.
The User agrees to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by it, its representatives, collaborators, consultants, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred in defending itself in court, that may arise in respect of damages caused to other Users or third parties, in connection with the Uploaded Content or the violation of the terms of the law or the terms of these Terms.
Therefore, the Owner shall not be liable for:
- any losses that are not a direct result of the Holder’s breach of contract;
- any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User (such as, but not limited to, business losses, loss of revenue, income, profit or deemed savings, loss of contracts or business relationships, loss of reputation or goodwill value, etc.);
- incorrect or unsuitable use of the Application by Users or third parties;
- the issuance of erroneous tax documents due to errors related to the data provided by the User, the latter being solely responsible for the correct entry. In no case may the Owner be held liable for more than double the amount paid by the User.
15. Force Majeure
The Holder shall not be held liable for failure or delay in the performance of its obligations due to circumstances beyond the reasonable control of the Holder due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as, but not limited to, failures or interruptions to telephone or power lines, the internet network and/or in any case other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the delivery of third party products, services or applications.
The performance of obligations by the Owner will be deemed suspended for the period during which force majeure events occur.
The Owner will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.
16. Linking to third party sites
The Application may contain links to third party sites. The Owner exercises no control over them and, therefore, is in no way responsible for the content of these sites.
Some of these links may refer you to third-party sites that provide services through the Application. In these cases, the general conditions for use of the site and use of the service prepared by the third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
No waiver by either party of any article of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated in writing.
18. Invalidity of individual clauses.
If any provision of these Conditions is found to be illegal or invalid, it shall not be deemed a part of the Conditions and this shall not affect the remaining provisions which shall continue to be valid to the fullest extent permitted by law.
20. Applicable Law and Jurisdiction.
These Terms and all disputes regarding their execution, interpretation and validity are subject to Italian law and the exclusive jurisdiction of the court of the place where the Owner is located.
If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is of the court of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the User-consumer’s right to bring a case before a different court other than the “consumer forum” pursuant to Article 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedure Code.
21. Online dispute resolution for consumers
The Consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Accordingly, the Consumer may use such platform for the resolution of any dispute arising from the online contract concluded with the Holder. The platform is available at the following address: https://ec.europa.eu/consumers/odr.