GENERAL CONDITIONS OF SALE
These conditions of sale concern the purchase of products and services made through the Vinopuro site managed by Mediaweb Group srl with registered office in Milan, Corso Magenta 46 – 20123 Milan, registered in the Milan Business Register Number REA MI – 1789774 and VAT number 05009740969.
The sale of Products through the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
Acceptance of the general conditions of sale
1. With reference to Italian citizens, sales on Vinopuro are reserved exclusively for those who have reached the age of 18. The buyer who is not an Italian citizen can buy on Vinopuro only if he is of age according to his own national law. If there is no legislation in this regard, you must be 21 years of age.
2. The contract stipulated between Mediaweb Group srl and the Customer must be considered concluded with the acceptance, even if only partial, of the order by Mediaweb Group srl. This acceptance is considered tacit, unless otherwise communicated in any way to the Customer. By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions transcribed below.
3. If the Customer is a consumer, once the online purchase procedure has been completed, he will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of articles 3 and 4 of Legislative Decree 185/1999 on distance selling.
4. Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or things, caused by the non-acceptance, even partial, of an order.
Method of purchase
4. The Customer can only purchase the products present in the Vinopuro electronic catalog at the time the order is forwarded and which can be viewed online at the address (URL) www.Vinopuro.com, as described in the relative information sheets. It is understood that the images accompanying the descriptive sheets reproduce the products indicated as faithfully as possible, however the image could differ in terms of vintage, size or any accessory products. These images must therefore be understood as indicative and with the tolerances of use, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products. For the purpose of the purchase contract, the description of the product contained in the order form sent by the user will prevail.
5. Correct receipt of the order is confirmed by Mediaweb Group srl by means of an e-mail reply, sent to the e-mail address communicated by the Customer. This confirmation message will contain the Date and Time of execution of the order and a 'Customer Order Number', to be used in any further communication with Vinopuro. The message re-proposes all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in this document.
6. In case of non-acceptance of the order, Mediaweb Group srl guarantees timely communication to the Customer.
If, due to technical problems or other mistakes, the price of a product on the site should be lower than the correct selling price, Mediaweb Group srl reserves the right to cancel the order within the following 2 working days, by means of written communication to the client
7. Credit card: In cases of purchase of goods with credit card payment methods, together with the conclusion of the online transaction, the reference bank will authorize only the commitment of the amount relating to the purchase made.
7.1 In the event of cancellation of the order, both by the Customer and in the event of non-acceptance of the same by Mediaweb Group srl, Mediaweb Group srl will simultaneously request the cancellation of the transaction and the release of the committed amount. The release times, for some types of cards, depend exclusively on the banking system and can reach their natural expiry (24th day from the authorization date). Once the transaction has been cancelled, Mediaweb Group srl cannot under any circumstances be held liable for any direct or indirect damages caused by delays in the failure to release the committed amount by the banking system.
7.2 Mediaweb Group srl reserves the right to debit the customer's credit card in order to avoid the expiry of the transaction authorization which occurs on the 23rd day.
7.3 Mediaweb Group srl reserves the right to ask the Customer for additional information (eg landline telephone number) or to send copies of documents proving ownership of the Card used. In the absence of the requested documentation, Mediaweb Group srl reserves the right not to accept the order.
7.4 At no time during the purchase procedure is Mediaweb Group srl able to know the information relating to the purchaser's credit card, transmitted via secure connection directly to the website of the bank which manages the transaction. No Mediaweb Group srl computer archive will keep such data. In no case Mediaweb Group srl can therefore be held responsible for any fraudulent and illegal use of credit cards by third parties, upon payment for products purchased on Vinopuro.
8. Cash on delivery: In case of purchase on delivery, an additional contribution will be applied to the total amount, clearly highlighted when choosing the payment method. Payment must be made exclusively in the manner indicated by Mediaweb Group srl when ordering. The communication to the Customer of which courier will be in charge of the delivery will be carried out in the manner provided on the site. Nothing more than what is indicated at the time of the order will be owed by the Customer.
9. Advance Bank Transfer: The Advance Transfer form of payment cannot be used on all items in the catalogue. Any limitations are clearly highlighted in the shopping cart. In case of payment by bank transfer in advance, it will be necessary to provide an accountant of the transfer to be sent to Mediaweb Group srl via e-mail as quickly as possible, and in any case no later than 3 working days from the date of acceptance of the order; in fact, until receipt of the same, the goods will not be committed. The shipment of the order will take place only when the amount due is actually credited to the current account of Mediaweb Group srl which must take place within 7 working days from the date of acceptance of the order. Go beyond these deadlines, the order will be deemed automatically cancelled. The reason for the bank transfer must include:
- the order reference number;
- the date of placing the order;
- name and surname of the order holder
The bank details are:
IBAN: IT 24Y 05034 01694 000000004606
Headed to Mediaweb Group Srl
11.0 Purchases via PayPal: In cases of purchase of goods with PayPal payment methods, together with the conclusion of the online transaction, PayPal will immediately debit the amount relating to the purchase made.
11.1 In case of cancellation of the order, both by the Customer and in case of non-acceptance of the same by Mediaweb Group srl, together with the cancellation, the amount relating to the canceled goods will be credited back to the customer's Paypal account. The crediting times on the chosen payment instrument within the Paypal account depend exclusively on PayPal and the banking system. Once the amount has been credited back to the Paypal account, Mediaweb Group srl cannot under any circumstances be held responsible for any damages, direct or indirect, caused by delays in the actual crediting due to Paypal or the banking system.
11.2 Mediaweb Group srl reserves the right to request additional information from the Customer (eg landline telephone number) aimed at determining the effective ownership of the PayPal account. In the absence of the requested documentation, Mediaweb Group srl reserves the right not to accept the order.
11.3 At no time during the purchase procedure is Mediaweb Group srl able to know the information relating to the buyer's credit card or the financial information of the PayPal account. In no case Mediaweb Group srl can therefore be held responsible for any fraudulent or illegal use of credit cards by third parties, upon payment for products purchased on Vinopuro.
Delivery methods and costs
11.4 The order fulfillment and delivery times, displayed in the product sheet and in the cart at the time of purchase, are indicative and cannot in any way be considered binding for Mediaweb Group Srl
12. Vinopuro can only accept orders for delivery in Italy, orders for delivery in other countries can be managed by prior arrangement. In this case, the shipping costs will be calculated and communicated to the customer after the order and the method of payment will be the advance bank transfer. The cancellation of the order is possible until the order is processed, which takes place with the issuance of the transport document or invoice.
13. For each order placed on Vinopuro, Mediaweb Group srl issues an invoice or receipt of the shipped material, sending it by e-mail to the order holder, pursuant to article 14 of Presidential Decree 445/2000. For the issuance of the sales document, the information provided by the Customer at the time of the order is valid. No change in the sales document will be possible after its issuance.
14. Delivery costs and/or any ancillary costs are charged to the Customer and are clearly stated when placing the order. Payment for the goods by the customer will be made using the method chosen when placing the order. Nothing is owed more by the Customer than the total order shown at the end of the purchase procedure.
15. No responsibility can be attributed to Mediaweb Group srl in the event of a delay in fulfilling the order or in delivering what was ordered.
16. Upon delivery of the goods by the courier, the Customer is required to:
- check that the number of packages being delivered corresponds to what is indicated on the courier's proof of delivery;
- check that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal strapping);
ATTENTION: in the event that a situation similar to those listed above should arise, the courier's proof of delivery must be signed by affixing the SPECIFIC CONTROL RESERVE, or it is necessary to indicate the REASON FOR THE RESERVE.
Below are examples of how to apply the specific reserve by applying your digital signature on the courier's PDA.
Since it is possible that the courier, despite the customer's explicit request, only selects the generic reserve (which is not valid for the purposes of opening the insurance case) we suggest indicating the type of anomaly found directly in the signature, followed by a short signature , such as your initials.
WITHOUT SPECIFIC CONTROL RESERVE THE CUSTOMER WILL NOT BE ABLE TO DISPUTE IN ANY WAY FOR ANY DAMAGE TO THE BOXES' CONTENTS AND WILL NOT BE ABLE TO MAKE USE OF THE INSURANCE COVER AGAINST DAMAGES AND THEFT
The only way to be able to dispute any hidden damage that can only be discovered after opening the package and therefore starting the refund or replacement procedure is to SIGN THE COURIER'S PROOF OF DELIVERY SUBJECT TO INSPECTION SPECIFYING THE REASON FOR THE RESERVE. Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 7 calendar days of delivery, according to the procedures set out in this document.
The delivery of what is ordered is understood to be at street level except for:
- different communication from our customer service;
- what is foreseen in the technical data sheet of the product;
- the explicit purchase of delivery to the floor, where applicable.
17. In the event of non-collection within 5 working days of the material in storage at the courier's warehouses due to repeated inability to deliver to the address indicated by the Customer at the time of the order, the ordered goods will be returned to the Mediaweb warehouses Group Ltd
18. Pursuant to art. 52 of the Consumer Code, if the Customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form to Vinopuro) , has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as indicated in the following points 19 and 21 .
19. To exercise this right, the customer must send Vinopuro a communication to that effect within 14 days from the date of receipt of the goods. The customer must inform Vinopuro of his decision to exercise the right of withdrawal by sending an explicit declaration (for example a letter sent by post, fax, registered mail, e-mail) addressed to: Mediaweb Group srl Via R. Sanzio, 18 20090 – Cesano Boscone (Milan ). The burden of proof relating to the exercise of the right of withdrawal in accordance with art. 54 of the Consumer Code is incumbent on the consumer.
Once we have received the aforementioned notice of withdrawal, the Vinopuro Customer Service will quickly inform the customer of the instructions on how to return, assigning a unique DR code for the return of the goods, which must reach Mediaweb Group srl within 10 days of authorization. The goods must be returned intact, unused, complete with all its parts and in the original packaging (envelopes and boxes), in compliance with the conditions of the following points 19 and 21 . Vinopuro will refund the customer within 14 days of returning the goods.
20. The right of withdrawal is in any case subject to the following conditions:
- ATTENTION: Vinopuro personnel are not authorized to collect goods whose packaging does not bear the DR number.
- according to the law, the shipping costs relating to the return of the goods are charged to the customer; furthermore, any additional costs expressly chosen by the user other than the minimum costs for the delivery/collection of the goods will not be reimbursed;
- the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer;
- in the event of damage to the goods during transport, Vinopuro will notify the customer of the incident (within 5 working days of receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier of his choice and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;
- Mediaweb Group srl is not liable in any way for damage or theft/loss of goods returned with uninsured shipments;
21. Without prejudice to any repair costs for ascertained damage to the original packaging, Mediaweb Group srl will refund the customer the amount paid for the purchase of the goods, by transferring the amount charged to the Credit Card, Paypal account or by bank transfer. In the latter case, it will be the customer's responsibility to promptly provide the bank details on which to obtain the refund (IBAN Code and Bank of the invoice holder).
22. The right of withdrawal is lost entirely, due to lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Mediaweb Group srl ascertains:
- return of a product different from the one sold;
- opened, damaged or tampered with bottle and seals
- damage to the product for reasons other than its transport. In the event of forfeiture of the right of withdrawal, the goods will remain at the headquarters of Mediaweb Group srl, available to the Customer for collection at his expense.
Please note that the art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the event that the sale has as its object:
- made-to-measure or clearly personalized products
- sealed products that are not suitable for return for hygienic reasons related to health protection, which have been opened after delivery.
23. All products sold by Vinopuro are covered by the legal guarantee of conformity provided for by the consumer code (Legal Guarantee). The legal guarantee is reserved for consumers, therefore it is applied only to users who purchase for purposes unrelated to any professional, entrepreneurial or commercial activity carried out. Those who have purchased and do not qualify as a consumer will be covered by the guarantees for defects in the goods sold, the guarantee for promised and essential quality defects and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.
In the case of defective wines that taste corked, it is necessary to keep the bottle full for at least 2/3 with the original cork and immediately contact our customer service to agree on the recovery of the bottle, our sommeliers will verify the defect and if confirmed it will be issued reimbursement of the cost of the product. The notification must be made within 6 months from the date of purchase.
30. The personal data requested when forwarding the order are collected and processed in order to satisfy the express requests of the Customer and will in no case or for any reason be transferred to third parties. Mediaweb Group srl guarantees its customers compliance with the legislation on the processing of personal data, governed by the privacy code pursuant to Legislative Decree 196 of 06.30.03. The data controller is Mediaweb Group srl Corso Magenta, 46 – 20123 Milan
31. Any complaint must be addressed to Mediaweb Group srl operational headquarters in Via R. Sanzio, 18 – 20090 Milan
32. The sales contract between the Customer and Mediaweb Group srl is understood to be concluded in Italy and governed by Italian law. For the solution of civil and criminal disputes deriving from the conclusion of this distance selling contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference court of his municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan.