GENERAL TERMS AND CONDITIONS OF SALE (B2C)
of VINUM S.r.l., with registered office at 39100 – Bolzano (BZ), Via Brennero 28, Tax Code / VAT no. 00690730213, registered with the Companies Register of the Chamber of Commerce of Bolzano under REA no. BZ – 104983, e-mail: info@vinum.it, PEC: vinum@pec-it.it, Tel.: +39 0471 061620 (hereinafter also referred to as the “Seller”);
Whereas:
- for the purposes of these general terms and conditions of sale, it is specified that VINUM S.r.l. acts as holding company and carries out its activities also through controlled companies, namely:
Vinum Wein Handels Ges.m.b.H., with registered office in Vienna (Austria);
Vinum Distribution G.m.b.H., with registered office in Landau an der Isar (Germany).
- these contractual provisions also apply to the aforementioned companies (hereinafter also referred to as the “Seller”), without prejudice to the fact that specific commercial, tax or jurisdictional conditions may apply depending on the selling company and its registered office;
- the Seller manages the website www.vinum.it (hereinafter also referred to as the “Website”);
- the Website is intended for commercial transactions between business and consumer (B2C);
- the expression “General Terms and Conditions of Sale (B2C)” refers to the distance sales contract relating to consumer goods of the Seller, concluded between the Seller and the Buyer within a distance selling system organised by the Seller;
- the trademark and logo relating to the Website are the exclusive property of the Seller;
- these terms and conditions govern online sales between the Seller and the Buyer, who expressly declares that the purchase is made for purposes unrelated to their commercial, industrial, craft or professional activity;
- in order to make purchases on the Website, the Buyer has to register on the Website – without it isn’t possible to complete orders and access to reserved services – by creating a personal account and entering the required data in a complete, truthful and updated manner;
- the Buyer is responsible for the accuracy of the data provided and for safeguarding their access credentials;
- registration allows the Buyer to access dedicated commercial conditions, including – by way of example and not limitation – personalised discounts, reserved offers, participation in loyalty programmes, early access to promotions and other benefits that may be provided on the Website;
- the type, duration and methods of use of such benefits may vary over time at the Seller’s discretion, without prejudice to orders already completed;
- VINUM S.r.l. reserves the right to modify, suspend or discontinue at any time the benefits connected to registration, without affecting orders already accepted and confirmed;
- the above premises form an integral and substantial part of the contract;
the following is agreed:
1. Object of the Contract 1.1. These general terms and
conditions, made available to the Buyer for reproduction and storage pursuant
to Art. 12 of Legislative Decree no. 70 of 9 April 2003, govern the purchase of
products and services carried out remotely via telematic networks through the
Website belonging to the Seller, vinum srl, with registered office at 39100 – Bolzano (BZ), Via Brennero 28, Tax Code
/ VAT no. 00690730213, registered with the Companies Register of the Chamber of
Commerce of Bolzano under REA no. BZ – 104983, e-mail: info@vinum.it, PEC: vinum@pec-it.it,
Tel.: +39 0471 061620. BZ – 104983, e-mail: info@vinum.it, PEC: vinum@pec-it.it,
Tel.: +39 0471 061620. 1.2. Under this contract, the
Seller sells and the Buyer purchases remotely the products and services
indicated and offered for sale on the Seller’s Website. 1.3. The main characteristics
of the products and services referred to above are illustrated on the Seller’s
Website. 1.4. The Seller undertakes to
supply the selected products – within the limits of their availability – upon
payment of the consideration referred to in Art. 3 of this contract. 2. Acceptance of the
Terms of Sale 2.1. All purchase orders shall be submitted by the
Buyer to the Seller by completing the indicated purchase procedure. 2.2. These General
Terms and Conditions of Sale and the Privacy
Policy must be reviewed online by the Buyer before
completing the purchase procedure. Acceptance of the Terms of Sale must be
expressed by correctly completing all sections of the electronic form,
following the instructions and selecting the box “Acceptance of the terms of
sale”, thereby accepting their full content. The Buyer will also be presented
with the Privacy Policy, for which consent to the processing of personal data
may be required. Submission
of the purchase order by the Buyer therefore implies full knowledge and full
acceptance of the same. 2.3. The Buyer unconditionally accepts and undertakes
to comply, in their dealings with the Seller, with the terms and conditions set
out below, declaring that they have read and accepted all the information
provided pursuant to the above-mentioned provisions, acknowledging that the
Seller is not bound by different conditions. 3. Sale Prices and
Purchase Methods 3.1. The sale prices of the
products and services on the Website are expressed in euros and include VAT.
Prices are indicative and subject to express confirmation by e-mail from the
Seller, which constitutes acceptance of the purchase order. The Seller reserves
the right to modify prices on the Website. 3.2. The total cost of
shipping and transport to the Buyer’s address, including any expenses, taxes,
duties or customs charges, shall be borne by the Buyer, unless exceptions or
derogations are expressly published on the Website and/or communicated by
e-mail. In any case, the costs will be communicated to the Buyer before
confirming the order. 3.3. The product selected by
the Buyer is within the electronic catalogue on www.vinum.it may be placed in
the shopping cart without obligation. The contents of the cart may be viewed,
modified or deleted at any time. After confirming the cart, the Buyer must
correctly complete the request form in all its parts and express their
intention to proceed with the online purchase. The order procedure may be
interrupted at any time by closing the browser window. 3.4. Receipt of the order
does not bind the Seller until the Seller has expressly accepted the order via
confirmation e-mail. After verifying the availability of the selected product
or service, the Seller will confirm and formally accept the order by e-mail,
summarising the main characteristics of the product or service. 3.5. The Buyer expressly
grants the Seller the right to accept the order even partially (for example, if
not all ordered products are available). In such case, the contract shall be
deemed concluded only for the products actually sold.
4. Conclusion of the
Contract 4.1. The contract concluded
through the Website is deemed completed when the Buyer receives, via e-mail, formal
order confirmation through which the Seller accepts the order and informs the
Buyer that it can be processed. 4.2. The Seller informs the
Buyer that each submitted order is stored digitally/in paper form on the
Seller’s server/at the Seller’s premises according to confidentiality and
security criteria. 5. Payment Methods 5.1. Payment by the Buyer
may only be made using one of the methods indicated on the Website. 5.2. Until full payment is
received, the products remain the property of the Seller. 5.3. Products will be
shipped only after payment has been received.
7. Limitation of Liability 7.1. The Seller assumes no liability
for delays or non-delivery due to force majeure such as accidents,
explosions, fires, strikes and/or lockouts, earthquakes, floods or
restrictions imposed by laws or decrees, as well as other similar events
preventing full or partial performance of the contract within the agreed
timeframe. 7.2. The Seller shall not be liable
to the Buyer, except in cases of wilful misconduct or gross negligence, for
disruptions or malfunctions related to the use of the internet beyond the
Seller’s control. 7.3. The Seller shall not be liable
to any party for damages, losses or costs incurred due to non-performance of
the contract for the above-mentioned causes. 7.4. The Seller assumes no liability
for fraudulent or unlawful use by third parties of credit cards, cheques or
other payment methods at the time of payment, provided the Seller has adopted
all possible precautions based on the best knowledge and ordinary diligence. 8. Legal Warranty and Customer Service 8.1. The Seller markets only
high-quality products. For questions, complaints or suggestions, the Buyer
may contact the Seller via e-mail: info@vinum.it, PEC: vinum@pec-it.it,
or by calling +39 0471 061620. To ensure quick handling, the Buyer must
describe the issue precisely and possibly attach order documents or indicate
the order number, customer number, etc. In case of defects or disputes, the
Seller will replace the products, if available, or otherwise act to resolve
the issue as quickly as possible. Waiting times are not the Seller’s
responsibility. Returned defective products become the Seller’s property. 8.2. The legal warranty is limited to
delivered products and to the simple return of the defective product for a
verified material defect and its free replacement with a new product. The
legal warranty is excluded in cases of improper storage, transport-related
causes or other causes not attributable to the Seller. 8.3. Products must be used and stored
in accordance with the instructions provided in the product description.
9. Buyer’s Obligations 9.1. The Buyer undertakes to
pay the price of the purchased product within the time and manner indicated in
these general terms. 9.2. The Buyer is strictly
prohibited from entering false, invented or fictitious data in the registration
form. Personal data and e-mail must correspond to the Buyer’s real
personal data and not those of third parties or fictitious people. The Buyer is
fully responsible for the accuracy and truthfulness of the data entered. 9.3. The Buyer indemnifies
the Seller from any liability arising from the issuance of incorrect tax
documents due to errors in the data provided by the Buyer. 9.4. In the case of alcoholic
product purchases, the Buyer expressly declares to be of legal age. The Buyer
also guarantees the truthfulness of the documents and information provided. The
Buyer undertakes to ensure that delivery is received personally or by an authorized
adult. 10. Right of Withdrawal 10.1. The right of withdrawal is expressly excluded for sealed goods not
suitable for return for hygiene or health protection reasons and that have been
opened after delivery. It is also excluded for personalized products. 10.2. For products for which the right of withdrawal is not excluded, the Buyer
has the right to withdraw from the contract without penalty and without giving
any reason within 14 days from receipt of the product. Withdrawal must be
addressed VINUM S.r.l., with registered office at 39100 – Bolzano (BZ),
Via Brennero 28, Tax Code / VAT no. 00690730213, registered with the Companies
Register of the Chamber of Commerce of Bolzano under REA no. BZ – 104983, e-mail: info@vinum.it, PEC: vinum@pec-it.it,
Tel.: +39 0471 061620. 10.3. To exercise the right of withdrawal, the Buyer must inform the Seller by
means of an explicit declaration (e.g., registered letter, e-mail or PEC). 10.4. To meet the withdrawal deadline, it is sufficient to send the
communication before the expiry of the 14-day period. The burden of proof lies
with the Buyer. 10.5. The product must be returned without undue delay and in any case within 14
days from the communication of withdrawal. The Buyer is responsible only for
any decrease in value resulting from handling beyond what is necessary to
establish the nature and functioning of the goods. 10.6. The Buyer must bear the direct cost of returning the goods. 10.7. The Buyer will be refunded all payments made, including delivery costs
(except additional costs for non-standard delivery methods), without undue
delay and in any case within 14 days from the day the Seller is informed of the
withdrawal. Refunds will be made using the same payment method used for the
initial transaction, unless otherwise agreed. The Seller may withhold the
refund until the goods are received or until the Buyer provides proof of
return. 10.8. Upon receipt of the withdrawal notice, the Parties are released from their
obligations, subject to the provisions of this article. 11. Express Termination Clause 11.1.
The obligations under Art. 9 are essential; therefore, failure to comply with
even one of them, unless due to force majeure, will result in automatic
termination of the contract without judicial intervention, without prejudice to
the Seller’s right to damages 12. Communications 12.1. Unless otherwise
required by law, communications between the Seller and the Buyer shall
preferably take place via e-mail, which both parties consider a valid means of
communication. 12.2. Written communications
and complaints addressed to the Seller shall be valid only if sent to: VINUM
S.r.l., with registered office at 39100 – Bolzano (BZ), Via Brennero 28,
Tax Code / VAT no. 00690730213, registered with the Companies Register of the
Chamber of Commerce of Bolzano under REA no. BZ – 104983, e-mail: info@vinum.it, PEC: vinum@pec-it.it,
Tel.: +39 0471 061620 12.3. Either party may change
their e-mail address at any time, provided timely notice is given to the other
party. 13. Personal Data
Processing 13.1. Pursuant to Art. 13 of
EU Regulation 679/2016, the data controller is VINUM S.r.l., with
registered office at 39100 – Bolzano (BZ), Via Brennero 28. 13.2. Personal data provided
by the Buyer will be processed and stored in paper and/or digital form. Data
may be transmitted to external processors (e.g., accountants, auditors,
courier) for order management, delivery and related obligations. 13.3. Data will be stored for
the time necessary to fulfil the service and in accordance with civil and tax
regulations. 13.4. Data will not be
transferred to non-EU countries. 13.5. The Buyer has the right
at any time to request information, deletion, correction, updating, integration
or revocation of their personal data. 13.6. The data controller does
not use automated decision-making processes. 13.7. The detailed privacy
policy is available on the Website. 14. Dispute Resolution
and Jurisdiction 14.1. In case of disputes
arising from or related to this contract, the parties undertake to seek an
amicable settlement. 14.2. If no amicable solution
is reached, the dispute shall fall under the exclusive jurisdiction of the
court of the Buyer’s domicile. 15. Applicable Law 15.1. This contract is
governed by Italian law. In the case of a sale to a Buyer domiciled in another
EU Member State, this does not exclude the application of the law of the
Buyer’s country if it provides greater consumer protection. 15.2. For matters not
expressly provided for, the applicable legal provisions shall apply. 16. Final Clauses 16.1. This contract supersedes
all previous agreements, understandings or negotiations, written or oral,
between the parties concerning its subject matter. 16.2. The invalidity of any
clause does not affect the validity of the entire contract. 16.3. These general terms and
conditions are drafted in Italian, German and English. In case of
interpretative difficulties, the Italian version shall prevail.