General Conditions of Sale
The following General Conditions of Sales govern the offer and sale of products on this website www.vinidaino.it (Site).
The products purchased on the Site are offered and sold by Gianfranco Daino, registered office Via Croce del Vicario 115, 95041 Caltagirone, CF DNA GFR 67 A 26 B428Y / VAT number 04412350870, Cam.Com Catania REA CT-295886, (from now formerly called Vinidaino).
1.1 The sale of products through the Site (Products) constitutes 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 regulation of electronic commerce.
1.2 The General Conditions of Sale can be changed at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site. For this reason, users are invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
1.3 These General Conditions of Sale do not regulate the sale of products and / or the provision of services by parties other than Vinidaino which are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. Vinidaino is not responsible for the provision of services and / or for the sale of products by such subjects. Vinidaino does not carry out any checks and / or monitoring on the websites that can be consulted through these links. Vinidaino is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
2. PURCHASES ON THE SITE
2.1 With reference to Italian citizens, sales on the Site are reserved only for those who have reached the age of 18. The buyer who is not an Italian citizen can purchase Products on the Site only if they are of legal age with respect to their national law. If there is no legislation in this regard, you must be at least 21 years old.
In any case, the user who makes purchases on the Site undertakes to indemnify Vinidaino from any liability in the event that he has made purchases on the Site without respecting his national law on purchase limits for reasons of age.
2.2 Vinidaino reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Conditions of Sale and / or the conditions and / or terms of a purchase contract with Vinidaino; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have released false, incomplete or in any case inaccurate identification data or who have not promptly sent Vinidaino the documents requested by the same under these General Conditions of Sale or who have sent invalid documents; (v) from users who do not give sufficient guarantees of solvency. In any case Vinidaino reserves the right to cancel orders referring to transactions that do not present an absolute degree of authenticity.
2.3 With regard to purchases on the Site, it could occur that: the purchase process contains one or more clerical errors; the Product Sheet, as defined below, contains incorrect information due to material errors (eg: the price of the Product); due to a material error, a Product is indicated as available and instead is not when preparing the order. In these cases, or in similar cases, the user can request cancellation of the order or obtain, in agreement with Vinidaino, a different product, subject to any adjustment relating to the purchase cost.
3. REGISTRATION TO THE SITE
3.1 The purchase of Products on the Site is allowed only to registered users.
3.2 The registration credentials must be used exclusively by the user and cannot 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 Vinidaino without delay in case of suspected misuse and / or disclosure of the same. The user guarantees that the personal information provided during the registration process on the Site is complete and truthful. The user agrees to hold Vinidaino harmless from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials. To delete the profile, please send an email to email@example.com
4. INFORMATION FOR THE CONCLUSION OF THE CONTRACT
4.1 In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Vinidaino informs the user that:
to conclude the purchase contract for one or more Products on the Site, the user must fill in an order form in electronic format and transmit it to Vinidaino, electronically, following the instructions that will appear on the Site from time to time and which will accompany the different stages of the purchase;
the contract is concluded when the order form reaches the Vinidaino server;
the order form will be filed in the Vinidaino database for the time necessary to process the order and, in any case, in accordance with the law. To access their order form, the user can consult their account.
5. VALIDITY OF OFFERS AND PRICES
5.1 All Product prices are expressed in Euros (€) and are inclusive of Value Added Tax ("VAT"), unless otherwise specified. Any additional cost will be expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
5.2 The price of the Products can be modified by Vinidaino at any time, without notice, it being understood that the price charged to the user will be the one published on the information sheet that illustrates the main characteristics of the Product (Product Sheet) at the time of sending the order. Any changes (increasing or decreasing) in the price subsequent to the transmission of the order will not be taken into account.
5.3 Products can be offered for sale on the Site at discounted prices. The full price indicated on the Site (Strikethrough Price), and with respect to which the discount applied by Vinidaino is calculated, corresponds to the list price published on the Site.
6. PURCHASE ORDERS - PRODUCT INFORMATION
6.1 Vinidaino will process the purchase order, and therefore will ship the purchased Product, with the exception of orders for which the Customer has chosen "cash to the courier" as a payment method, only after receiving confirmation of the authorization to the payment of the total amount due, consisting of the purchase price, the delivery costs, if applicable, and any other additional cost, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code
6.2 The Products will remain the property of Vinidaino until the user has paid the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to Vinidaino, however, will be transferred to the user when the user, or a third party designated by him and different from the carrier, materially comes into possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as closely as possible. Furthermore, the images of the Product in the Product Sheet may differ in terms of vintage and / or size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
6.4 All Products contain sulphites, as the wine production process itself implies the presence of sulphites in it. However, it is possible that other sulphites are added in the wine production process; in some cases, however, it is possible that "added" sulphites are not present in a wine.
6.5 The purchase of gift vouchers does not affect the payment threshold which, once exceeded, gives the user the right to obtain free shipping of the Products.
7. AVAILABILITY OF PRODUCTS
7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase 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 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 or by phone. The user will therefore be entitled to terminate the contract, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code or in any case in which the payment of the Total Amount Due has already been made, Vinidaino will refund this amount without undue delay and, in any case, within a maximum period of 15 days. working from the date of collection. This amount will normally be credited to the same means of payment used by the user for the purchase or the other means agreed between the user and Vinidaino. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
7.3 In the case of orders involving a plurality of Products (Multiple Order), if the unavailability concerns only some Products subject to the Multiple Order, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, and without prejudice to the application of art. 7.2, Vinidaino will immediately notify the user by e-mail or telephone. The user will therefore be entitled to terminate the contract, limited to the Product (s) that have become unavailable, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, in relation to the Product (s) that have become unavailable or in any case in which the payment of the Total Amount Due has already been made, Vinidaino will refund the amount due in relation to such Product (s), including delivery costs and any other additional costs due in relation to such Products (Partial Amount Due) without undue delay and, in any case, within a maximum period of 15 days working from the sending of the order. The refund amount will be communicated to the user via e-mail or telephone. This amount will be credited to the same means of payment used by the user for the purchase or through any means agreed between the parties. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products covered by the Multiple Order that have become unavailable compared to the other Products covered by the Multiple Order available.
8. DELIVERY OF PURCHASED PRODUCTS
8.1 The amount of delivery costs payable by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before that the user proceeds with the transmission of the same. In the event of failure to indicate a specific delivery term, this will in any case take place within thirty days from the date of conclusion of the contract.
8.2 The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user.
It is up to the user to check the conditions of the Product that was delivered to him / that he has withdrawn. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Vinidaino, is transferred to the user when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Product, it is recommended to user to check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and is invited, in his interest, to indicate any anomalies on the carrier's transport document , accepting the package with RESERVE (eg damaged package, wet package, non-original Vinidaino branded tape). The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier and / or Vinidaino, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier himself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also recommended to promptly notify Vinidaino Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.
8.3 The provisions of art. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.
9. METHOD OF PAYMENT
9.1 The payment of the Products can be made by credit card, through the PayPal payment solution, cash on delivery or bank transfer. In the event that one of these payment methods / solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.
9.2 Payment by credit or debit card
9.2.1 Payment for the Products can be made by credit or debit card directly through the Site.
9.2.2 In order to guarantee the security of payments made on the Site and prevent any fraud, Vinidaino reserves the right to ask the user, by e-mail, to send, by the same means, a front / back copy of his identity card and, in the event that the holder of the order is different from the holder of the card, the identity card of the latter. The document must be valid. The deadline by which the document must reach Vinidaino will be specified in the e-mail request. This term will not, in any case, exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the specified deadline.
9.2.3 In the event that Vinidaino does not receive such documents within the deadline specified in the request e-mail or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code and Vinidaino may reserve the right to cancel the order, resulting in a refund of the Total Amount Due.
9.2.4 In case of receipt by Vinidaino of valid documentation within the deadline indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will run from the date of receipt of the same.
9.2.5 Confidential credit card data (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by Vinidaino. Vinidaino therefore never has access to and does not store the data of the credit card used by the user to pay for the Products (even in the event that the user has decided to store the credit card data on the Site), with the exception of the name of the credit card holder.
9.3 Payment via PayPal payment solution
9.3.1 Payment for Products purchased on the Site can be made using the PayPal payment solution. If the user chooses PayPal as a means of payment, he will be redirected to the website www.paypal.it where he will pay for the Products according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with Vinidaino.The latter is therefore unable to know and does not store in any way the data of the credit card connected to the user's PayPal account or the data of any other payment instrument connected with this account.
9.3.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason , the amount of the refund due to the user will be credited to his PayPal account, unless otherwise agreed between the User and Vinidaino. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, Vinidaino cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to dispute which the user must contact PayPal directly.
9.4 Cash on delivery
9.4.1 In the case of payment by cash on delivery, the user must have, at the time of delivery, the Total Amount Due, in cash. The courier is not authorized to accept checks. In the event that, for any reason, the customer who has chosen the cash on delivery as a means of payment should be entitled to a refund, Vinidaino will agree with the user by e-mail or telephone how to make this refund.
9.5 Bank transfer
9.5.1 If the user decides to pay by bank transfer, the order will be shipped as soon as Vinidaino has received the credit of the amount relating to the order.
10. RIGHT OF WITHDRAWAL
10.1 The user who acts as a consumer has the right to withdraw from the contract concluded with Vinidaino without incurring costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period) . The Withdrawal Period expires after 14 days:
in the case of an order relating to a single Product, 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 Product;
in the case of a Multiple Order with separate deliveries, 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 last Product;
in the case of an order related to the delivery of a Product consisting of multiple lots or pieces, 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 last lot or piece.
10.2. To exercise the right of withdrawal, the user must inform Vinidaino of his decision to withdraw, before the expiry of the Withdrawal Period.
10.3 To exercise the right of withdrawal, the user must send an email to firstname.lastname@example.org with an explicit declaration of his decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is incumbent on the user, it is in the user's interest to keep a copy of the mail sent to Vinidaino with withdrawal request.
10.4 For the return of the product, the user can use a carrier of his choice with return costs paid by the user: in this case, the user, after exercising the right of withdrawal in the manner indicated in this article must return the Product to Vinidaino, using a carrier of its own choice and at its own expense, without undue delay and in any case within 14 calendar days from the date in which he communicated his decision to withdraw from the contract with Vinidaino. The deadline is respected if the user returns the Product before the expiry of the period of fourteen days. The Product, appropriately protected and packed, must be sent to the following address:
Azienda agricola Gianfranco Daino
Via Croce del Vicario 115 95041 Caltagirone (CT)
Tel. +39 335 52432345, Orari: 8:30-12:30 14:00-17:30
The costs of returning the Product to Vinidaino are the responsibility of the user. The return of the Product to Vinidaino takes place under the responsibility of the user.
If the user has used a discount code for the purchase of the product for which he exercised the right of withdrawal, the refund will be made only with reference to the sum of money actually spent by the user, and not with regard to the value of the discount code.
10.5 If the user withdraws from the contract, Vinidaino will refund the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from the day on which Vinidaino received the Products object of withdrawal in the same conditions in which they were sold. The refund will be made using the same means of payment used by the user for the initial transaction or different means agreed between the parties; in any case, the user will not incur any additional cost as a consequence of such reimbursement.
10.6 In the case of partial withdrawal, the amount of delivery costs to be returned to the user following the withdrawal will be calculated in proportion to the value of the object to be withdrawn.
10.7 The user is solely responsible for the decreased value of the goods resulting from the handling of the Product. The Product must in any case be kept, handled and inspected with due diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the Product, intact and not tampered with, as well as free of signs of wear or dirt. Furthermore, the withdrawal is applied to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which don’t constitute autonomous Products) of the Product.
10.8 In the event that the withdrawal is not exercised in accordance with the applicable legislation and in line with these Condition for Sale, it will not involve the termination of the contract and, consequently, it will not give right to any reimbursement. Vinidaino will inform the user, rejecting the request for withdrawal. The Product, if already received by Vinidaino, will remain at Vinidaino premises, available for collection by the user. Such collection will at the expense and under the responsibility of the user.
10.9 In the event that the Product for which the withdrawal was exercised has decreased in value resulting from the handling of the goods other than what necessary to clearly identify the same, the amount of reimbursement will be reduced by an amount equal to the decrease in value. Vinidaino will inform the user of this fact and of the consequent decrease of the reimbursement amount, by providing him, in the case in which the reimbursement has already been paid, the bank details for the payment of the amount due by the user because of the decrease in value of the product.
10.10 In the event that the right of withdrawal does not apply, this exclusion will be given specific and express notice in the Product Sheet and, in any case, during the purchase process, before the user proceed with the transmission of the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, inter alia, in the event that the sale relates to:
(i) tailor-made or clearly personalized products;
(ii) sealed products that are not suitable to be returned for hygienic reasons or related to health protection, which have been opened after delivery.
11.1 By placing an order on the Site, the user gives his consent to receive the invoice, if requested, only in electronic format. The invoice can be printed and filed as original in accordance with Ministerial Circular 45/E, 19/10/2005. For the issuance of the invoice, will be used the information provided by the user, that has the responsability to provide them authentic and correct. The user undertakes the commitment to keep Vinidaino free from any liability or damages, including sanctions issued by the competent authorities, that may derive in case of non-compliance with the truth of such information.
11.2 Vinidaino is a registered trademark. Photos, texts, descriptions and everything on the Site are the exclusive property of Azienda Agricola Vinidaino. The complete or partial reproduction of any part of the Site is forbidden; it is also forbidden the reproduction of texts or photos for any use and in any form and in any case without prior written authorization of Azienda Agricola Vinidaino.
11.3 Vinidaino is not responsible for any damage suffered by the user of by third parties (or thier belongings) due to delays in delivery or use of the Product.
12. LEGAL COMPLIANCE ASSURANCE
All the Products sold on the Site are covered by the Legal Compliance Assurance provided for by the articles. 128-135 of the D. Leg. n. 128-135 of the Consumer Code (Legal Assurance). The Legal Assurance is reserved for consumers. Therefore, it is applied only to users who have made the purchase on the Site for purposes unrelated to business, commercial, craft or other professional activities. Those who have purchased on the Site and who do not hold the quality of consumers will be covered by the assurance for the defects of the Product sold, the assurance for quality defects promised and essential and the other assurances provided by the Civil Code with the related terms and limitations.
13. APPLICABLE LAW AND THE PLACE OF JURISDICTION; OUT-OF-COURT SETTLEMENT OF DISPUTES - ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION
13.1 Contracts concluded between users of the Site and Vinidaino are governed by Italian law. This is applicable also to consumers who do not have their usual residence in Italy and cases of possible more favorable and mandatory provisions provided for by the law of the country in which they are habitually resident, in particular in relation to the deadline for the exercise of right of withdrawal, at the end for the return of the Products, in case of exercise of this right, the modalities and formalities of the communication of the same and the legal compliance assurance.
13.2 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), Vinidaino, in case of a User that holds the status of Consumer as per art. 3, paragraph 1, lett. a) of the Consumer Code and in the event he sent to Vinidaino a complaint that was not been possible to be resolved through negotiation, will provide to him information about Alternative Dispute Resolution Organizations to solve the disputes relating to obligations arising from a contract concluded in accordance with these General Condizion of Sale (cc.d .. ADR entities, as indicated in articles 141-bis and subsequent of the Consumer Code).
Vinidaino also informs the user who holds the status of consumer as per art. 3, paragraph 1, letter a) of the Consumer Code that it was created a European platform for online resolution of consumer disputes (ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer can read the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure of the dispute in which it is involved.
In any case, users maintain the right to refer their disputes to ordinary court, responsible for disputes deriving from the application or interpretation of these General Conditions of Sale.
13.3 User who reside in a member state of the European Union other than Italy, can also access, for any dispute concerning the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest size, by Regulation (EC) n. 861/2007 of the Council, 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu
14 CUSTOMER SERVICE AND COMPLAINTS
14.1 It is possible to request information, send communications, request assistance or submit complaints, by contacting the Customer Service in the following ways:
- Telephone: +39 335 5243345 (Monday to Friday: 9: 30-13: 30 and 15: 00-18: 00)
- Using Vinidaino’s Contact Form.
14.2 Vinidaino will respond promptly to the complaints presented, in any case within five working days from the receipt.