Terms and Conditions of Sale

Terms and Conditions of WinePlatform

 

Last Update: 18/06/2019

The products sold and the sales-related activities managed by WinePlatform S.p.A.

Users who utilise the Services offered by WinePlatform declare that they know and accept these general terms and conditions of contract.

 

Owner of WinePlatform and of the related Services

WinePlatform S.p.A.
Via Visconti di Modrone 12 – 20122 Milan
Chamber of Commerce of Milan – Economic and Administrative Index (REA) No. MI-1952265
Share capital: 63,679.84 (fully-paid)
VAT No.: IT07344570960

WinePlatform’s email address: info@wineplatform.it
Customer Support telephone number: +39 02 87 18 77 50

 

Information about WinePlatform

WinePlatform is an online sales platform for wines and other products.

 

Introduction

Status of this document

This document constitutes a legal agreement between you, as a User, and the company that manages WinePlatform and it regulates your use of the website and, more particularly, the use of the services provided.

Definitions

“Legal Agreement” means that once the User has accepted the terms of this agreement, they are binding on the User.

“Consumer Code” means Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, which represents the regulatory regime on consumer rights that has implemented the Directive 2011/83/EU (Consumer Rights).

“User”, “you”, “your” and similar terms, used in the singular or plural, refer to you, the User.

“We”, “our” and similar terms refer to the company that owns and manages WinePlatform.

“Contract” refers to this document, as amended from time to time. The Contract was drawn up in Italian and English.

“Order Confirmation” refers to the email sent by WinePlatform when the products are shipped, to confirm that all or some of the products purchased have been shipped.

“Order Processing Receipt” refers to the email sent by WinePlatform when the order is received.

“Service” is the service offered by WinePlatform (within WinePlatform) as described by these Terms and Conditions.

“Terms and Conditions (or Terms)” refers to these terms and conditions of service, which constitute a legally binding agreement between the User and WinePlatform.

Scope

The sale of products through the platform constitutes a distance contract regulated by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 (Consumer Code), by Legislative Decree No. 70 of 9 April 2003 regulating the e-commerce regime and by Directive 2000/31/EC (‘Directive on electronic commerce’).

Changes to the present Terms

WinePlatform reserves the right to make changes to these Terms at any time, duly notifying the User by publishing such changes on WinePlatform.
Users are, for this reason, invited to consult the most recently updated version of the Terms before making any purchase. The applicable Terms are those in force at the date when the purchase order is transmitted.
A User who continues to use WinePlatform after the changes are published shall be deemed to accept the new Terms without reservation.

Acceptance of the Contract

In order to use WinePlatform, you should carefully read and accept the Contract by clicking on the special button for acceptance. If you do not accept the Contract you will not be able to use the Service.

 

Registration, content of WinePlatform and prohibited use of User credentials

Registration

In order for Users to qualify to utilise the Service or any part thereof, they should register by filling out all data requested in the relevant registration form, accurately and in full, and by accepting in full the Privacy Policy and the general terms and conditions hereof (“Terms”). The User shall keep his/her access credentials confidential. Only the User may use these registration credentials, which cannot be transferred to third parties. The User undertakes to keep them confidential and to ensure that no one has access to them, and to promptly inform WinePlatform if they may have been improperly used and/or disclosed.

Users agree that WinePlatform cannot in any circumstances be held liable in the event of the loss, dissemination, theft or unauthorised use by third parties, on any basis whatsoever, of the access credentials of Users.

Account cancellation and closure of User accounts

Registered Users may deactivate their accounts, request account closure or stop using the Service at any time, by using WinePlatform interface or by contacting WinePlatform directly.
If these Terms are infringed, WinePlatform reserves the right to suspend or terminate the User’s account at any time and without advance notice.

WinePlatform reserves the right to suspend or close the User’s account at any time and without advance notice if it considers that:

  • the User has infringed the Contract; and/or
  • access or use of the Service could cause detriment to WinePlatform, to other Users or to third parties; and/or
  • the User’s use of WinePlatform could result in an infringement of applicable legislative and/or regulatory provisions; and/or
  • investigations are conducted arising from the proceedings or the involvement of a public authority; and/or
  • WinePlatform considers, at its absolute discretion and on any basis whatsoever, that the account or the use thereof is inappropriate or offensive or infringes the Contract, or is not in keeping with WinePlatform’s standards.

Content available on WinePlatform

The content available on WinePlatform is protected by copyright law and other international laws and treaties safeguarding intellectual property rights and, unless otherwise specified, Users are authorised to use such content exclusively within the limits of this clause.
WinePlatform grants the User a personal license to use such content for the entire duration of the Contract; this personal license is non-transferable and non-exclusive, it is exclusively for personal and never commercial purposes, and it is limited to the device that the User is using.
Therefore, the User is specifically forbidden from copying and/or downloading and/or sharing (save within the limits indicated below), altering, publishing, transmitting, selling, sub-licensing, processing, transferring/granting to third parties or creating works that derive in any way from the content (also of third parties) available on WinePlatform, and shall not permit third parties to do the same through the User or the User’s device, with or without his/her knowledge.
Only if WinePlatform specifically approves, the User may be authorised to download and/or copy and/or share certain content made available on WinePlatform – but for personal use only – provided that the User fully and accurately cites all copyright information and other information provided by WinePlatform.

Content provided by WinePlatform or by third parties

WinePlatform does not moderate in advance any third party content or links appearing on WinePlatform. WinePlatform is not responsible for such content and its accessibility.

Content provided by the User

Users are responsible for their own and for third-party content that they share on WinePlatform by uploading such content, by inserting content or using any other means. Users indemnify WinePlatform against any liability associated with the unlawful dissemination of third-party content or with the unlawful use of WinePlatform.

WinePlatform is not involved in any way in moderating content published by the User or by third parties, but it undertakes to intervene in cases where content is deemed offensive or illegal following notification from Users or the orders of public authorities.
More specifically, WinePlatform may suspend or halt the display of content if:

  • complaints are received from other Users;
  • a report of infringement of intellectual property rights is received;
  • it considers itself constrained to do so in view of legal proceedings, or following the outcome thereof;
  • such action is requested by a public authority; or
  • it considers that Users or third parties could be prejudiced, or the availability of the Service and/or of WinePlatform itself could be put at risk if the content were to remain accessible through WinePlatform.

Rights to content provided by Users

The only rights granted to WinePlatform in relation to content provided by Users are those required to facilitate the operation and maintenance of WinePlatform.

Services provided by third parties

Users may utilise third-party services or content included in WinePlatform, subject to having first read and accepted the terms and conditions of said third parties. WinePlatform cannot be held liable in any circumstances in relation to the proper functioning or availability (or both) of services provided by third parties.

Unauthorised use

The Service shall be utilised in accordance with the provisions of the Terms.
Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on WinePlatform or on any portion thereof;
  • circumvent the IT systems used by WinePlatform or by its licensees to protect the content accessible through it;
  • copy, store, alter, change, prepare derivative works or alter in any way any of the content provided by WinePlatform;
  • use any robot, spider, search and/or site finder application, or any other device, process or automated procedure to access, retrieve, scrape or index any portion of WinePlatform or its contents;
  • lease, licence or sublicense WinePlatform;
  • defame, offend or harass others, engage in threatening conduct, threaten or otherwise violate the rights of others;
  • disseminate or publish illegal, obscene, illicit, defamatory or inappropriate content;
  • misappropriate an account used by another User;
  • register or use the Service with a view to approaching Users to promote or sell or advertise, in any way, products or services of any kind through WinePlatform;
  • inappropriately use WinePlatform in any other way in breach of the Terms.

 

 

Terms and Conditions of Sale

 

Purchase

Purchasing procedure

Each order transmitted is an offer to purchase products. WinePlatform reserves the right, at its absolute discretion, to accept or decline the order after checking the availability of the product indicated in the offer, subject to the conditions contained therein. The User should select the products and complete the check-out, after having carefully checked the information contained in the order summary. The order is made when confirmed, and is subject to the payment of the price, the taxes and the shipping and payment expenses indicated in the Order Summary form.

The Order Processing Receipt is not to be understood as an acceptance of the order. The Contract is entered into and takes effect from the moment WinePlatform transmits the Order Confirmation to the User’s email address. WinePlatform reserves the right not to confirm an order, by notifying the User within 5 working days of the date the order is placed that one or more of the products purchased are unavailable, such notification to be made to the email address associated with the purchase. In this event, WinePlatform will refund the price and shipping costs which the User has incurred.

Amending orders

The order may be amended after the purchase order is sent, using the customer support e-mail and telephone channels, as indicated in the paragraph below.

Customer Support Service

The customer support service will be available Monday to Friday from 8:00 am to 8:00 pm and Saturday and Sunday from 9:00 am to 6:00 pm and will reply to customer queries by e-mail info@wineplatform.it and by telephone +39 02 87 18 77 50. The customer support service will use a ticketing system to properly manage queries submitted.

The customer support service reserves the right to reply to customer queries within a period of up to 72 hours, in order to properly process and manage them. Any queries received during the holidays will be processed on the next available business day.

Payment procedures

WinePlatform uses third-party payment processing tools and does not handle or process in any way payment data provided, such as credit card data.

Any costs of managing User payments which are not accepted will be charged to the User.

All Prices include VAT and are in Euro. The full Price appearing at the end of the order includes shipping costs.

To guarantee that payments made are secure, WinePlatform uses Braintree as a secure payment gateway (SSL) which facilitates interfacing with the most important payment circuits including Amex, Mastercard, Visa, PostePay and PayPal. The cash on delivery service is also available, but only for orders placed by customers inside Italy.

The conditions of use of the PayPal service are available at the following link.

The conditions of use of the Braintree service are available at the following link.

Prior authorisation for future payments using PayPal

If payment is made through a PayPal account, during the purchase, WinePlatform will store an identification code linked to the customer’s PayPal account, which authorises WinePlatform to an exclusive use associated with future purchases.

This authorisation may be revoked at any time through WinePlatform interface or by contacting WinePlatform directly.

Retention of title

Until such time as the full price is paid for the products ordered, title to the products remains with WinePlatform.

Availability of the products

The prices, descriptions or availability of the products displayed may be altered without notice, however, the price charged to the User is the price displayed on the product information sheet at the time the order is sent.
The photographs are intended only as a guide and may not accurately represent the products.
WinePlatform will do its utmost to present the product characteristics with as much detail as possible on WinePlatform, inside each tab corresponding to the product displayed for the User. However, the images and colours of products offered for sale on WinePlatform may differ from the actual ones for various reasons including (without limitation) the User’s terminal monitor, photographic filters etc. Therefore, the User acknowledges and agrees that any such minor differences shall not constitute a non-conformity of the products.

If the Product ordered is unavailable, in any case, the User will be promptly informed of this by email or by phone, without prejudice to the rights accorded to the User by law and, more specifically, by Chapter XIV of Title II of Book IV of the Italian Civil Code. The User will consequently be entitled to terminate the Contract, pursuant to the provisions of Article 61 paragraphs IV and V of the Consumer Code. If the User avails of the right of contract termination pursuant to Article 61, paragraphs IV and V of the Consumer Code or in any case where the payment of the Total Amount Due has already occurred, WinePlatform will refund this amount without undue delay and, in any case, no later than 15 business days from the collection date. This amount will normally be credited by using the same payment method that the User deployed for the purchase, or an alternative payment method which the User and WinePlatform have agreed between them. Any delay in crediting the User what is owed may depend on the bank involved, on the type of credit card or on the payment means used.

Execution of the Order

The Order is executed within the deadlines indicated in the summary page and in the Order Confirmation email, subject to the availability of the ordered product. WinePlatform cannot be held liable for loss incurred by the User due to delays in delivery not attributable to circumstances which the Parties could have foreseen at the time the Order Confirmation was sent.

 

Shipment

Shipping costs vary depending on the dimensions, weight and destination of the items chosen.
Shipment is free for orders exceeding a specific threshold price, depending on the destination. Restrictions may be placed on quantities of products that can be purchased, in the case of orders placed outside the European Union.
All delivery information, tax and duty details and the shipping destination may be viewed at the following link.
The deliveries will be made by Milkman in Milan and Turin, by BRT, SDA, GLS, UPS in the rest of Italy and by UPS Express Carrier and San Marino Mail in Europe and worldwide, with variable times depending on destination. Note that delivery times are indicative only and are calculated as from the day of shipment.
WinePlatform cannot accept liability for customs clearance delays, but undertakes to minimise problems arising. Please check all details at the following link: table.

The purchase order already includes the cost of taxes and duties, therefore no other charge is payable when the goods are received.

Order tracking

After placing an order, you will receive an e-mail containing all the details of your purchase. Please do not hesitate to contact us for further information. The shipment is made during the first business day after the date of the order. As soon as the package is delivered to the carrier, electronic tracking begins and the delivery date is estimated. The delivery’s progress may be tracked by accessing the carrier’s tracking page using the link we will send you.

 

Delivery

Deliveries are made during normal business hours to the address indicated by the User and in the manner indicated in the order summary.
The User is responsible for checking the condition of the Product delivered to him/her. The risk of loss or damage to the Products for reasons not attributable to WinePlatform is transferred to the User when the latter, or a third party appointed by the latter and other than the carrier, takes physical possession of the Product. The User is recommended to check the number of Products received and to check that the packaging is intact, not damaged, wet or otherwise altered, including the sealing materials applied, and the User is invited (in the latter’s own interest) to indicate any abnormalities on the carrier’s transport document, thereby accepting the delivered package subject to reservation. If the User accepts Products without reservation, he/she will be unable to bring an action against the carrier where Products are lost or damaged, save where the loss or damage is due to fraudulent intent or gross negligence on the part of the carrier and except for partial loss or damage that is not recognisable at the time of delivery, provided that in the latter case the damage is reported as soon as the recipient becomes aware of it and, in any case, no later than eight days after the delivered package is received. If the package shows clear signs of tampering or alteration, the User is also recommended to promptly notify WinePlatform Customer Support Service. The rules on the right of withdrawal and on legal conformity guarantees shall, in any case, be applicable.
If the carrier fails to collect the goods by the agreed deadline, the products will be returned to WinePlatform which will reimburse the price of the Products including shipment costs. WinePlatform cannot be held liable for errors of delivery due to inaccuracies or incomplete information provision by the User when filling out the purchase order, if the Products are damaged in any way after they are made available to the carrier, in circumstances where the User has appointed and instructed the carrier, or due to delivery delays attributable to the latter.

 

Right of withdrawal

Right of withdrawal

Where products or services are purchased on WinePlatform, the User is entitled to withdraw from the Contract within 14 days, without providing reasons. The period of withdrawal expires after 14 days have elapsed from the day on which the User or a third party designated by the User – other than the carrier – obtains physical possession of the goods. To exercise the right of withdrawal, the User shall inform WinePlatform of his/her withdrawal decision by sending – prior to the expiry of the withdrawal period – a specific declaration to this effect, to the relevant contact address indicated.

In order to exercise the right of withdrawal, the User must send an email to info@wineplatform.it with a specific declaration of intent to withdraw from the Contract (Declaration of Withdrawal). As the User has the onus of proving that the right of withdrawal is exercised prior to the expiration of the Withdrawal Period, the latter should keep a copy of the email sent to WinePlatform containing the Declaration of Withdrawal.

To this end, the specimen form indicated below for exercising the right of withdrawal may be used:

Example of withdrawal form

Addressed to:

Tannico SpA Via Visconti di Modrone 12 – 20122 Milan, Chamber of Commerce of Milan, Share Capital: 88,136.75 (fully-paid) VAT NO.: IT07344570960
info@tannico.it

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

________________________________________________________________________________________________ (insert a description of the goods/services from the purchase of which it is intended to withdraw)

  • Ordered on: _________________________________________________________________ (insert the date)
  • Received on: _________________________________________________________________ (insert the date)
  • Name of the consumer/s: _________________________________________________________________
  • Address of the consumer/s:
  • Date: ____________________________________________________________________________________

(to be signed only if this form is notified in hardcopy form)

The User, however, is free to choose any other equivalent form of contract withdrawal.

Effects of contract withdrawal

If the User withdraws from this Contract, he/she will be refunded any payments made to WinePlatform – including the costs of delivery (except for any additional costs associated with a delivery option selected other than the less-expensive standard delivery option offered) – without undue delay and, in any case, no later than 14 days from the day on which WinePlatform receives notice of the User’s decision to withdraw from the Contract. These refunds will be made using the same payment method that the User used for the initial transaction, unless the User has made specific agreements to the contrary; the User shall not, in any case, incur any costs as a result of such reimbursement. The refund may be suspended until the goods have been returned or until such time as the User has demonstrated that the goods have been returned, if earlier.

The User is requested to return the goods to WinePlatform without undue delay and, in any case, within 14 days from the day on which the withdrawal from this Contract was notified. The deadline is met if the User returns the goods before the 14-day period expires. The User will pay in advance for the costs of returning the goods, but WinePlatform will reimburse those costs in the manner and according to the aforementioned limitations applicable to the User.

Limitations on contract withdrawal

If returned products prove to be damaged or to have been used differently or in additional ways or otherwise than strictly necessary to determine the nature, characteristics and functioning of said products, they will be reimbursed while deducting the diminished value associated with said damage or use. No reimbursement will be made if the diminished value represents the total value of the returned product.
The User is requested to insert a copy of the delivery document received into the package.

The right of withdrawal pursuant to Article 59 of the Italian Consumer Code shall be excluded in the case of:

  • goods that are made to measure or that are clearly personalised;
  • goods supplied that are likely to deteriorate or expire rapidly;
  • sealed goods supplied that are unsuitable for return for health/hygiene protection reasons, and have been opened after delivery.

Applicability of withdrawal clauses

The right of withdrawal clauses, and the associated consequences and exceptions, apply exclusively to a User who has the status of a consumer i.e. who acts for purposes unrelated to his/her business and professional activity.

 

Legal warranty of conformity

All Products sold on WinePlatform are covered by the Legal warranty of conformity provided for by Articles 128-135 of Legislative Decree 206/2005 (Consumer Code).

A User who makes a purchase as a consumer is entitled to a legal warranty as to the conformity of the products and services purchased for up to 24 months from the purchase, provided that any non-conformity is notified within 2 months of when it was first discovered.

To exercise the warranty right, the User must contact WinePlatform at the contact address indicated in this document, providing an accurate description of the defect encountered.
If a non-conformity of the product is ascertained, the User is entitled to have the product repaired or replaced, at his/her discretion.
The User is also entitled to ask WinePlatform for a suitable price reduction or to terminate the Contract in the following cases:

  • if repair and replacement prove to be impossible or excessively onerous;
  • if WinePlatform fails to repair or replace the item within a reasonable period of time, but not less than 15 days;
  • if the User has been significantly inconvenienced by the replacement or repair already effected.

The User is obliged, nevertheless, to return the defective products.

Regulatory references on the Right of withdrawal and Legal warranty of conformity

  • Legislative Decree 21/2014 – implementing Directive 2011/83/EU on Consumer Rights.
  • Legislative Decree 206/2005 – Italian Consumer Code.

 

Compensation and limitation of liability

Indemnity

The User undertakes to indemnify WinePlatform (and any subsidiaries or affiliates thereof, its representatives, directors, agents, licensees, partners and employees) against any obligation or liability, including any legal expenses incurred for purposes of defence in legal proceedings, which may arise based on loss caused to other Users or to third parties, associated with content uploaded online or infringement of the law or of the provisions of these terms and conditions of service.

Disclaimer

WinePlatform, and all of the functionality accessible through WinePlatform, is made available to Users subject to the terms and conditions of the Contract, without express or implied warranties not required by law. In particular, no guarantee is provided that the services offered are suitable for the User’s particular purposes.
Users utilise WinePlatform and the functionality accessible through WinePlatform at their own risk and responsibility.

More specifically, WinePlatform, subject to the limits of applicable law, is responsible for contractual and noncontractual loss to Users and third parties which is attributable exclusively to fraudulent intent or gross negligence, if such loss is an immediate and direct consequence of WinePlatform’s activity. Accordingly, WinePlatform will not be responsible for:

  • any loss that is not a direct consequence of a breach of the Contract by WinePlatform;
  • any loss of a business opportunity and any other loss, direct or otherwise, incurred by the User (such as, without limitation, commercial losses, loss of earnings, revenue, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill value etc.);
  • loss or losses deriving from interruptions or malfunctions of WinePlatform attributable to events of force majeure or to events that are unforeseen and unforeseeable and occur independently and outside the control of WinePlatform such as – for purposes of illustration only – faults or interruptions to telephone or electrical lines, to the Internet and/or to other transmission networks or means, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the provision of third-party products, services or applications; and
  • incorrect or inappropriate use of WinePlatform by Users or third parties.

 

General provisions

Interruption of the Service

In order to guarantee Users the optimal use and enjoyment of the Service, WinePlatform reserves the right to suspend the Service for reasons associated with maintenance or system updates, informing Users of this by means of continuous updates.

Resale of the Service

Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit any part of WinePlatform and of its Services without prior written approval from WinePlatform, guaranteed directly or through a specific resale program.

Privacy policy

Data communicated by the User which are necessary in order to implement the Contract are processed in accordance with the provisions of EU Regulation 679/2016 and Legislative Decree 196/2003, as amended by Legislative Decree 101/2018.

For information on the use of personal data, Users should refer to WinePlatform’s privacy policy.

Intellectual Property Rights

All trademarks of the Application, whether figurative marks or word marks, and any other signs, commercial names, service marks, appellation marks, trade names, illustrations, images, logos pertaining to WinePlatform are and remain the exclusive property of WinePlatform or of its licensees and are protected by applicable trademark laws and associated international treaties.

All trademarks and any other signs, commercial names, service marks, appellation marks, trade names, illustrations, images, logos pertaining to third parties are and remain the exclusive property of or available to said third parties or their licensees and are protected by applicable trademark laws and associated international treaties. WinePlatform does not own these intellectual property rights and it is entitled to use them subject to the limits and in conformity with contracts entered into with those third parties and for the purposes detailed therein.

Age requirements

Users declare that they are adults, pursuant to laws applicable to them. In no circumstances may persons under 13 years of age use WinePlatform.

Conditions for receiving deliveries

A User who makes a purchase through WinePlatform also declares and guarantees that the person who will receive the delivery of the products purchased is an adult pursuant to laws applicable to him/her.

Assignment of the Contract

Pursuant to Article 1407 of the Italian Civil Code, WinePlatform reserves the right to transfer, assign, dispose of as a novation transaction, or subcontract all or some of the rights or obligations deriving from the Terms, on condition that the User’s rights provided for herein are not prejudiced, and subject to the User’s right to freely withdraw from the Contract. The User will be promptly notified of the assignment.

The User may not assign or transfer in any way his/her rights or obligations pursuant to the Terms without WinePlatform’s approval in writing.

Communications

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

Invalidity and partial nullity

The Company does not guarantee that the content of this site is appropriate or legally acceptable in other countries. If one or more of these Terms are found to be invalid, null and void or unenforceable, this shall not cause the remaining clauses to be invalid, null and void or unenforceable, and they shall remain legally binding.

Governing Law and Court of Competent Jurisdiction

These Terms and any and all disputes pertaining to the implementation, interpretation and validity of this Contract are subject to the law and legal jurisdiction of the Italian State and shall be submitted to the exclusive jurisdiction of the Court of Milan.
In cases governed by the provisions of Legislative Decree No. 206 of 6 September 2005, the mandatory forum shall be the forum of the place where the consumer has his/her residence.

 

Dispute resolution

Online dispute resolution for consumers

Consumers residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative mechanism for the resolution of disputes. The European consumer can avail of this mechanism to resolve extra-judicially any dispute involving and/or arising from contracts for the sale of goods and services which are entered into online. Accordingly, if you are a European consumer, you can use this platform to resolve any dispute arising from an online contract entered into with WinePlatform.
The platform is available at the following link.

WinePlatform will respond to any question transmitted by email to the address published in this document.

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