In this section you will find all the legal information governing the access to and use of the Vinebrio. The access to and use of this Website, as well as the purchase of Vinebrio products, presuppose that you have read, understood and accept the following General Terms and Conditions of Sale. We therefore invite you to regularly access this section to check, before making any purchase, the publication of the most recent and updated General Terms and Conditions of Sale of Vinebrio
SCOPE OF APPLICATION
1) These General Terms and Conditions of Sale (‘Conditions’) govern the sale of products and services through the Website and are an integral part of every Contract of Sale (‘Contract’) that is concluded via the Internet between – D.C.M.S.r.l.- VAT no./Tax code 05165860650; Economic and Administrative Index (REA) SA-424863 – Via Santa Croce, 84048 Castellabate (SA) – Italy – The Seller - - and any person purchasing products or services from the Vinebrio Website (The ‘Website’) – The Customer –
2) Any Order for the purchase of products from Vinebrio is governed by these Conditions, without prejudice to the Seller’s right to apply different and special conditions. The applicable Conditions shall be those in force at the time an Order is placed.
3) Vinebrio reserves the right to amend these General Terms and Conditions of Sale at any time, without prior notice.
4) These Conditions do not regulate the sale of products or the provision of services by persons other than the Seller, which are present or referred to on the Website through the use of links, banners or other connection forms. Any form of liability on the part of the Seller is therefore excluded in relation to such sales or provision of services.
5) The Customer undertakes, before confirming his/her Order, to read these Conditions and to accept them by ticking (flag) the box indicated. By placing an Order through the Website, the Customer warrants both that he/she has the necessary legal capacity to enter into legally binding contracts and that he/she is at least 18 years old. Customers placing Orders via the Website accept the following Terms and Conditions.
6) The Seller offers its products for sale within the extent of the inventory available at the time of the Purchase Order. Orders may be subject to minimum or maximum quantity restrictions.
7) The Customer may only purchase the products present in the online catalogue of the Website at the time the Order is placed, as described in the relevant product sheets. Product information displayed on the Website, such as technical specifications, images, dimensions or compatibility details, are not binding and may be subject to change at any time.
8) The technical steps to place an Order are clearly outlined in the webpage order sequence on the Website, through the use of explanatory text and graphics.
9) By clicking on ‘Confirm Order’, the Customer shall formulate to Vinebrio a contractual purchase proposal concerning the items contained in the Shopping Cart. Receipt of the Order does not constitute acceptance of the contractual purchase proposal.
10) In order to complete the Order, the following procedures must be completed: a) reading and acceptance by the Customer, by means of ‘point and click’, of these Conditions; b) compilation in electronic format by the Customer – by entering all the required data – of the Order Form, which contains a summary of the essential characteristics of each product or service chosen and the relevant price; of the means of payment for which the Customer has opted; of the delivery methods for the products purchased; of the shipping and delivery times and costs; of the conditions for the exercise of the Customer’s right of withdrawal and for the application of the legal warranty of conformity; of the modalities and times of return of the purchased products; c) payment, in favor of the Seller, of the price of the product(s) purchased by the Customer, including shipping and delivery costs; d) automated forwarding of the aforementioned Order Form to the Seller by electronic means; e) receipt by electronic means, by the Seller, of the aforementioned Order Form. The placing of the Order entails the Customer’s express acknowledgement of the obligation to pay.
11) The correct receipt of an Order is confirmed by Vinebrio by e-mail to the e-mail address communicated by the Customer. Such confirmation is generated automatically by the system and cannot be considered in itself as acceptance of the Order, but only confirmation of receipt thereof. The confirmation e-mail contains all the data entered by the Customer, who undertakes to verify that the date is correct and to promptly communicate any corrections.
12) Following receipt of an Order, Vinebrio shall verify the availability of the ordered products and, only after such verification, shall communicate its acceptance of the Order, by sending to the Customer the Order Acceptance Receipt. The Contract shall be concluded with the receipt by the Customer of the acceptance of the Order in the form of a Receipt sent by Vinebrio, or, in the absence of such acceptance, with the delivery of the items covered by the Order. Once the Order Acceptance Receipt has been sent to the Customer, it will no longer be possible to amend or cancel the Order, without prejudice to the right of withdrawal under the terms and conditions set out in Section VI of these Conditions.
13) In the event that Vinebrio is not able to process an Order received, it will promptly notify the Customer, and in any event prior to sending to the latter the Order Acceptance Receipt, except as provided for in Section 14(2) below. In any case, Vinebrio reserves, at its sole discretion, the right to refuse an Order, to set purchase restrictions and to request advance payment. Each Contract shall solely cover the products expressly and specifically indicated in the Purchase Order. Any form of liability, whether contractual or non-contractual, arising from the non-acceptance of an Order is excluded.
14) The Seller shall be entitled not to process Purchase Orders made in compliance with the provisions of the foregoing provisions, in the event that the Customer has not paid for the products; or in the event that the Customer’s data is incomplete and/or incorrect; or even in the event that the products ordered are not, even temporarily, available. If the Seller does not process a Purchase Order placed by the Customer, the Seller shall promptly inform the Customer, by e-mail, of the foregoing and shall refund any sums already paid by the Customer.
PAYMENT OF THE PRICE
15) The price of the products ordered is that in force at the time the Order is placed and must be paid to the Seller pursuant to Section 10 (c) above. Shipping costs are not included in the purchase price, but are indicated and calculated at the time the Order is placed and before payment is made. Unless otherwise provided for, all prices indicated on the Website are to be understood as inclusive of VAT. Bernabei Online reserves the right to change prices at any time, without prior notice, unless the Customer’s Order has already been confirmed by the Seller pursuant to Section 12. In the event of a change in price after the Customer has sent the Order and prior to the Seller’s confirmation, the latter shall promptly communicate, by e-mail, the new price to the Customer, who may either accept the change or reject it and, consequently, renounce the Order, at no additional cost. Acceptance of the change shall be communicated to Bernabei Online, by e-mail or fax, within 7 days from its communication. Otherwise, the change shall be considered to have been automatically rejected and the Order shall be deemed cancelled.
16) The Customer may pay for the products ordered through one of the payment methods indicated on the Website. In the case of payment by credit card, the amount of the purchase shall be charged to the Customer once the Order has been concluded on the Website. In the case of payment in cash, the amount of the Order shall be charged to the Customer upon delivery of the products. In the case of payment by bank transfer, the Customer will receive the bank details attached to the Order Form: the Order will only be processed once the Seller has received payment. The relevant financial information will be handled solely by the payment circuits or credit institution. The aforementioned information may only be used by the Seller to complete the procedures relating to the payment of the products or services, or to provide for refunds following the Customer’s exercise of the right of withdrawal referred to in Section VI of these Conditions.
SHIPPING AND DELIVERY OF PRODUCTS
17) Orders are processed from 9 a.m. to 5 p.m., Monday to Friday. Orders placed after 5 p.m. on Friday will be processed on the following Monday. Unless otherwise provided for in the Order Form, Vinebrio shall ship the products purchased by the Customer, by means of courier, to the address indicated by the same, approximately within 24 working hours from the acceptance of the Order. Delivery shall take place no later than 30 days from the acceptance of the Order. In the event that Vinebrio is unable to fulfil the Order in the timeframe provided for by the Contract, it shall not be liable for any disruptions to service due to force majeure or unforeseeable circumstances, even if they are caused by Internet malfunctions and failures.
18) Should the purchased products be delivered outside the national territory, the Customer shall be liable for the payment of any import charges and taxes, as well as any duties and customs duties provided for by the applicable regulations in the territory of destination of the products.
19) The courier is responsible for delivery. Vinebrio undertakes to collect any reports of non-delivery or delayed delivery of products.
20) Any damage to the packaging and/or products, or the non-conformity in the number of packages or indications, shall be immediately contested to the courier through specific indication on the delivery document. By signing the delivery document and by failing to make the aforementioned objections, the Customer certifies that the products are in fact intact and that the delivery is in conformity. The events referred to in sub-section 1 of this section must be reported, by e-mail, to the Seller within 8 days from delivery, enclosing the invoice (if issued) and the Customer’s copy of the courier’s consignment note.
21) The Seller shall issue an invoice to each Customer who has requested it and who, to this end, has entered his/her tax code and VAT number on the Order Form. The information provided by the Customer at the time of the Order shall be binding in this respect. No invoice may be issued after the Order Form has been submitted, unless requested at the time the Order is placed. It shall not be possible to change the invoice after it has been issued. When placing an Order, it is necessary to indicate whether the shipping address is different from the billing address. If the Customer decides not to enter his/her tax code or VAT number, Vinebrio will not issue an invoice.
RIGHT OF WITHDRAWAL AND RETURNS
22) Without prejudice to the provisions of Article 59 of Italian Legislative Decree no. 206/2005, for purchases of equipment and/or accessories, or other products, made through the Website, the right of withdrawal may always be exercised, in accordance with the law, within a period of 14 days from the delivery of the products, by contacting the Seller in relation to the return procedures. The goods shall be returned, at the Customer’s care and expense, within 14 days from the date on which the Customer communicated to Vinebrio his/her decision to withdraw. In the case of open and/or partially used products, the right of withdrawal shall not apply and Vinebrio will inform the Customer by e-mail. In this case, the Customer may ask the Seller, by e-mail, for the return, at his/her own expense, of the purchased products. Otherwise, the Seller reserves the right to retain both the products and the amount corresponding to the purchase of the products. Vinebrio will only accept returns of goods in perfect condition and in their original packaging, accompanied by the relevant purchase invoice or, if missing, by the relevant Order Acceptance Receipt. In the case of service contracts, the withdrawal period shall end after 14 days from the date on which the contract was concluded in the forms referred to in Section 12 above.
23) Save for exceptional exceptions, the return of foodstuff products, such as capsules, biscuits, coffee, sugar purchased on the Website will not be accepted.
24) Except as provided for in the previous provisions, once the products have been returned, Vinebrio shall refund the amount actually paid by the Customer, using the same payment method as that chosen by the Customer at the time of purchase. In the case of payment made by bank transfer, the Customer shall communicate to the Seller the relevant bank details necessary to carry out the refund. If the recipient of the products indicated in the Order Form does not correspond to the person who made the payment of the sums due for their purchase, the refund of the sums deriving from the withdrawal shall be made by the Seller to the person who made the payment. The refund of the price paid by the Customer for the purchase of the products includes the shipping costs incurred at the time the Order was placed.
25) All products, other than foodstuffs, sold by Vinebrio are covered by the legal warranties.
26) The warranty shall consist in the replacement, at the Seller’s care and expense, of defective, faulty or damaged products; or, if such replacement of products is impossible or excessively onerous for the Seller, the warranty shall consist in an appropriate price reduction; or, where the level of non-conformity of the product is such that a mere price reduction is not acceptable, in the termination of the contract. In the event of defective, faulty or damaged products, the Customer shall promptly, and in any event no later than the term set forth in Section 27, contact the Seller by e-mail at firstname.lastname@example.org, indicating the problem that has arisen. The aforementioned written communication must be accompanied by photographic material attesting to the originality of the packaging, the cardboard inserts, as well as the products received. In the case of defective products, in addition to the communication referred to in the second paragraph of this Section, the Customer is obliged to keep and return to the Seller the bottles purchased with at least ¾ of their contents with their original caps well sealed. Upon receipt of the goods and ascertainment of the anomaly, the Seller shall replace or refund the returned product.
27) The warranty is subject, under penalty of forfeiture, to the communication of the defect or lack of quality within 2 months from the time the Customer has received the purchased products.
28) However, the warranty shall be invalid if changes are made to the products by the Customer.
GOVERNING LAW AND JURISDICTION
29) These General Terms and Conditions of Sale and the Contract are governed by Italian law, subject to the 1980 Vienna Convention.