ATTENTION! THIS WEBSITE MAKES DIRECT SALES EXCLUSIVELY ON ITALIAN TERRITORY.
WARNING! THIS WEBSITE MAKES DIRECT SALES EXCLUSIVELY IN THE ITALIAN TERRITORY.
SITE USE:
Use of the Site is permitted only to persons of legal age.
1.- GENERAL PROVISIONS – SCOPE OF APPLICATION:
The Winewas S.r.l. hereinafter also “the Company”, with registered office in Rome (00198), via Clitunno 2 informs the Customer that the relations between the Parties (i.e. the Company and the Customer) concerning the sale of products (hereinafter also “the Products”) displayed on the website www.winewas.com (hereinafter also “the Site”) are governed by the terms and conditions set forth below. Therefore, these Terms and Conditions form an integral part of any offer, purchase order, order confirmation, or otherwise transaction of Products on the Site. The updated version of the General Conditions can be found on the Site. The Customer is exclusively the Consumer referred to in Art. 3(a), Legislative Decree. September 6, 2005, no. 206 (Consumer Code) and therefore the natural person acting on the Site for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity, if any.
2.- THE PRODUCTS-INFORMATION RELATED TO THEM:
The Customer acknowledges and is informed that he/she can find information regarding the essential characteristics of the Products, including their prices, on the Site within each Product tab.
3.- PRODUCT ORDER AND ACCEPTANCE:
The purchase of the Products takes place only by means of an order placed by the Customer through the Site (hereinafter also “the Order”). In particular, the Customer undertakes to fill in every part of the order form in electronic format on the Site, indicating, among other things, the elements necessary to identify himself,the Products ordered and the quantity, the place of delivery and the method of payment, and undertakes to provide exact and true data. The Customer acknowledges that he/she shall transmit the Order completed by him/her to the Company, electronically, following the relevant instructions from time to time on the Site. Before proceeding to the purchase of the Products and therefore before sending the Order, the Customer undertakes to read carefully these General Conditions, displayed during the Order registration procedure, which he/she expressly declares to have understood and accepted by marking the appropriate space on the Site. More specifically, the Customer agrees to review the information on the essential characteristics of each Product ordered, the prices of the same and the methods of payment, the costs of delivery of the Products, the terms of the right of withdrawal and the time of return of the Products contained in this document and the attachments. The Customer is also informed and has read the technical procedure he/she will have to follow to place the Order by accessing the appropriate section of the Site called “Frequently Asked Questions – How to place the Order”. The Customer acknowledges that, once the online purchase procedure described above has been completed, he/she must verify the correctness of the data indicated by him/her and correct any input errors, provide for the printing and storage of the Order and the attached General Conditions or otherwise store or reproduce a copy thereof. The Order will be stored by the Company at the Site’s database for as long as necessary to process it. The Customer will be able to access the Order placed by him/her by consulting the “My Orders” section of the Site. Confirmation of receipt of the Order is transmitted by the Company to the Customer to the e-mail address indicated by the Customer at the stage of placing the Order. In this communication, the Company summarizes the details of the Order, the General Conditions of Sale, the essential characteristics of the Product ordered, the price and payment made, the manner and cost of delivery, how to contact it, and recalls the conditions for the exercise by the Customer of the right of withdrawal. Such communication shall be deemed to be acceptance by the Company of the contractual proposal made by the Customer by means of the Order completed by him and sent through the Site: thus the contract between the Parties is perfected. The Company agrees to promptly notify the Customer by e-mail of any depletion of the Products and to refund any price already paid by the Customer. By submitting an Order, the Customer confirms that he/she is aware of and accepts the General Terms and Conditions of Sale and the additional information contained on the Site, also referred to through links, including the “How to Place Order” procedure, the “Privacy Policy” and the “Returns and Refunds” policy. Once the first purchase has been made on the Site as described above, the Customer may, at his or her option, take advantage of the “Quick Purchase” mode that will allow him or her to securely save his or her delivery address for the Products to expedite future purchases, as specified from time to time in an updated manner on the Site during the Order placement process.
4.- PRICES OF PRODUCTS – TERMS AND METHODS OF PAYMENT:
The prices displayed on the Site for each Product are in Euros, include VAT and are valid at the time the Order is placed by the Customer. The shipping costs described in Article 5 below are added to the total amount of the Order. In the case of delivery of the Products to a country other than Italy, the costs due for any taxes, duties or fees provided for by the regulations in force in the country of destination will also be borne by the Customer. Tax documentation will be issued when the Products are shipped to the Customer. The payment methods for the Products displayed on www.winewas.com are as follows: – Paypal Payment by credit card is made through the Moneta Online service with the guarantee of maximum security. Payment data are protected through the use of the most advanced technology and encryption systems (SSL). We refer, in particular, to VeriSign certificates, which provide the highest protection in e-commerce. Using a credit card on the Internet is as safe, fast, easy and reliable as making purchases in traditional stores. Payments on the site are further secured by the use of Verified by Visa, and MasterCard Secure Code systems. Verified by Visa and MasterCard Secure Code ensure that, both the customer and the retailer from whom the purchase is made are actually the owners and legitimizers of the payment, through the entry of an additional password that greatly increases the level of security of purchases made. PayPal is an online payment system that requires opening an account with PayPal through special registration.
5.- DELIVERY TERMS AND SHIPPING COSTS:
The Company undertakes to deliver by its own trusted express courier (UPS or other equivalent) in Italy and in the other countries of the European Union the Products selected and ordered by the Customer to the address indicated by the Customer in the Order, provided that the information has been provided by the Customer accurately and truthfully with all the data necessary for the correct fulfillment of the delivery. The Products will be delivered in Italy from Monday to Friday, excluding holidays, from 9.00 a.m. to 6.00 p.m. indicatively within twenty-four/forty-eight working hours, or forty-eight/seventy-two working hours for islands, from the Company’s acceptance of the Order, and in any case no later than ten (10) working days. This is without prejudice to cases of force majeure, fortuitous event, or otherwise unforeseeable causes or causes not attributable to the Company. It is understood that deliveries of Products pertaining to Orders accepted by the Company on Thursdays after 12:00 noon and on Fridays will be taken over by the courier on the following Monday in order to preserve the integrity of the Products and avoid the storage of the same in the courier’s warehouses. The Products will be delivered by the courier only to an adult natural person present at the address given by the Customer when placing the Order. If no one is present at the first access by the courier, the courier will make a second and a third access in the following days before returning the Products to the Company due to the absence of the recipient Customer. Given also the perishability of some products that can be purchased on Winewas, it is therefore very important that the address given by the customer is an address (either home or an office address) where someone is there to receive the package. The time and method of shipping Products to European Union countries other than Italy differs from country to country and is detailed on the Site on the “Shipping Times and Costs” page. This document, which the Customer undertakes to read carefully, contains further specifications also with regard to deliveries of Products within the Italian territory. Upon delivery of the Products by the courier to the address described above, the Customer undertakes to verify the integrity of the package delivered to him and the correspondence of the number of packages with respect to what is indicated in the transport document. The Customer is aware that if the package is altered or with a box or tape not bearing the name “Winewas s.r.l.” will have to refuse the delivery with the express indication of “Parcel tampered with”. The Customer is aware that any damage to the package or the Products or the mismatch in the number of packages must be immediately contested by means of an appropriate “control reserve” written on the courier’s proof of delivery, under penalty of forfeiture of the right to raise subsequent objections regarding the adequacy, integrity and completeness of the package delivered. At any time, the Customer may check the delivery time of its Order and the status of the shipment by connecting to the website of the courier chosen by the Company and indicated by it in the Order acceptance email by entering the shipment number indicated by the Company in that email. Delivery charges for the Products shall be borne by the Customer, unless expressly waived as indicated from time to time on the Site by way of promotion, and shall be clearly stated on the Site on the “Delivery Times and Charges” page, the information of which forms an integral and substantial part of these General Conditions, as well as on the Order form.
6.- REPLACEMENT OF PRODUCTS:
The Customer shall have the right to request the replacement of the Products, in case of their possible damage during transportation, if it has made the reservation of control indicated in Article 5 above. This right must be exercised by the Customer, under penalty of forfeiture, no later than five (5) business days after receipt of the Product by sending an email to the Company at info@winewas.com The Company agrees to send the replacement Products to the Customer by its own trusted courier without the charge of additional shipping costs within a reasonable period of time from the request.
7.- RIGHT OF WITHDRAWAL – RETURN OF PRODUCTS – METHOD OF REFUND:
The Customer has the right to withdraw from this Contract, without penalty and without specifying the reason, within 15 working days from the day of receipt of the Products.
The Client who has purchased in Italy can then return, at the expense of the Company, the purchased Products within fifteen (15) days of their delivery, provided that they have not been even partially used, and the Company agrees to make the refund of the sums already paid by the Customer as soon as possible and in any case within the term of thirty (30) days from the date on which the same became aware of the exercise of the right of withdrawal by the Customer.
The Customer must return to the Company the undamaged and unused Products, even partially, in their original packaging, and in the outer package carefully opened and then closed again or in a new package made by the same, suitable for transport, closed and not accessible, delivering them to the express courier within thirty (15) working days of their receipt. In this way, the return shipping costs remain the responsibility of WINEWAS.
The Customer agrees to deliver the package, properly prepared, to the courier and notify the Company of the withdrawal by sending an email to: info@winewas.com within the same period of 15 working days.
If the delivery of the Products has taken place outside the Italian territory, the costs necessary for the return of the purchased Products shall be borne by the Customer. For more information about return arrangements, the Company invites the Customer to contact it at the e-mail address info@winewas.com
If the withdrawal is exercised by the Customer in accordance with the terms and procedures described above, the Company undertakes to refund, to the credit card used for payment or through Paypal, the sums already paid by the same Customer as soon as possible and in any case within the maximum period of thirty (30) days from the date on which it became aware of the exercise of the right of withdrawal. If the terms and conditions for the exercise of the right of withdrawal are not respected, the Customer shall not be entitled to a refund of the sums already paid, but may request, at his own expense, the return of the Products in the state in which they were delivered by him to the Company. The Company will contact the Customer, by email, if his return cannot be accepted because it does not comply with the conditions herein.
The Customer acknowledges and is aware that he/she will not be able to exercise the right of withdrawal, for lack of the essential condition of integrity of the Product (packaging or its contents), in cases where the original wrapping containing the purchased Product is missing or damaged, or essential elements of the Product are missing.
The Customer acknowledges that the right of withdrawal cannot be exercised for highly perishable Products, which by their consistency and nature are likely to alter or deteriorate rapidly.
8.- CLIENT’S OBLIGATIONS:
The Customer, aware of the responsibilities, including criminal liability for false declarations, declares that he/she is a Consumer according to what is described in the epigraph and provided for by the regulations in force, that he/she is of age and that the data provided by him/her for the execution of these General Conditions are correct and true.
9.- PROCESSING OF PERSONAL DATA – PRIVACY:
The Client is informed and has read the Privacy Policy by clicking the following link “Privacy Policy”. The Customer acknowledges that the information contained in the above-mentioned document forms an integral and substantial part of these General Conditions and is therefore deemed to be fully known and accepted by him/her at the time of transmission of the Order.
10.- PARTIAL NULLITY:
The possible invalidity of one or more individual clauses of these General Terms and Conditions does not entail the invalidity of the General Terms and Conditions themselves or of the entire Contract of Sale, but rather the replacement of such invalid clauses by mandatory rules.
11.- APPLICABLE LAW – PLACE OF JURISDICTION:
These General Conditions and in any case any purchase made by the Customer on the Site shall be governed by Italian law. For any dispute relating to the application, execution, interpretation and breach of these General Conditions, the Court of residence or elective domicile of the Customer shall have exclusive jurisdiction if located in the territory of the Italian State. If the Customer’s residence or domicile is not located in the territory of the Italian State, the Court of Rome shall have jurisdiction. However, the Customer has the right to refer to a dispute resolution or mediation body any disputes that may arise in relation to these General Conditions and any purchase or otherwise transaction made on the Site in order to seek an alternative resolution of the same disputes. For more information on this instrument, the Client may contact the Company in the manner indicated in Article 12 below.
12.- CUSTOMER SERVICE – COMMUNICATIONS:
For the communications provided for in these General Conditions and in any case to request any information, the Customer may contact the Company through the email address info@winewas.com as well as at the following address: Winewas S.r.l., Customer Service Rome (00198), via Clitunno 2. The Customer also declares that it has read, carefully read, understood and specifically approves, pursuant to and in accordance with Art. 1341 c.c. and D. Lgs. September 6, 2005 no. 206, the following clauses of these General Terms and Conditions, the title of which is given by way of example only: 3. Product Order and Acceptance; 4. Pricing of Products – Terms and Methods of Payment; 5. Delivery terms and shipping costs; 6. Replacement of Products; 7. Right of withdrawal – Return of Products – Method of refund; 8. Obligations of the Client; 9. Processing of personal data; 11. Applicable Law – Jurisdiction.
