Terms and conditions
Art.1 Object
1.1. These Terms and Conditions govern both the use of the Website and the purchases made on it. The owner of this Website is:
BNC DI BENCINI MATTEO, VIA FIRENZE 2/A – 57014 COLLESALVETTI (LI) – VAT number 01655260493
Owner's email address: info@gimmewine.it
Art. 2 User of the site
2.1. By using this Website, the User declares to be a Consumer.
Art. 3 Account registration
3.1. To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner. Once the first request to activate the service has been made, the system will send the identification code, also called User ID and a keyword, ie the password, to the e-mail address supplied by the customer, entered during registration. The truthfulness and updating of the information is essential for the performance of the service, failing which the owner cannot be held responsible.
3.2.You can use the Service even without registering or creating an account. In this case, however, certain functions may not be available. The obligation of truthfulness of the aforementioned data remains unaffected.
3.3. It is the responsibility of the Users to keep their access credentials in a secure way and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website, also providing for their periodic variation with a frequency not exceeding 3 (three) months. For any access problems, you should contact the appropriate customer service.
3.4. By creating an account, the User is aware that he is fully responsible for any activity carried out with his access credentials and that these will be the only method used to recognize the user who claims to possess all the technical knowledge necessary to ensure the correct use, administration and management of the Service and in any case acknowledges and acknowledges that the processing of data and/or information and/or contents implemented by him through the aforementioned Service and their consequent diffusion on the Internet through the Service itself are performed solely at your risk and under your responsibility.
3.5. Users are required to inform the Owner immediately and unequivocally using the contact details indicated in this document if they believe that their personal information, such as for example the User account, access credentials or personal data, have been violated, unlawfully disclosed or subtracted.
3.6 It is also specified that after a certain number of access attempts with wrong credentials, among the various security protocols provided by the Owner, the account could be blocked with the consequent obligation to verify by the customer service or through an automated procedure of Password reset via a special link sent to the reference email.
Art.4 Closure and suspension of the account or services
4. Suspension of the service due to the customer
4.1 the owner at his discretion and without the exercise of this right being contested as a breach or breach of the Contract, reserves the right to suspend or interrupt the Service, even without any notice if he believes that the Customer could compromise the stability, security and quality of the Services offered or carries out activities in violation of the obligations established by this contract and/or by law. In other words in the following cases:
a) defaults or violates even just one of the provisions contained in the Contract;
b) the Customer fails to meet, in whole or in part, the requests of the owner and in any case his behavior is such as to generate the well-founded and reasonable fear that he will default on the Contract or be responsible for one or more violations of its provisions ( for example arrears);
c) there are reasonable grounds to believe that the Service is being used by unauthorized third parties;
d) cases of force majeure or circumstances occur which, at the unquestionable judgment of the owner, require emergency interventions or those relating to the resolution of security problems, danger to the entire network and/or to people or things; in this case, the owner will restore the service at his discretion if he has assessed that the causes that led to his suspension/interruption have actually been removed or eliminated;
e) is requested by the Judicial Authority;
f) if there are justified reasons of security and/or guarantee of confidentiality;
g) if the Customer uses defective or non-approved equipment, or equipment that presents malfunctions that can cause security problems and/or vulnerability of the Service, can damage the integrity of the network and/or disturb the Service and/or create risks for the physical safety of people and things.
4.2. All of the above without prejudice to the owner's right to full payment of the amount due and the right to take action for full compensation for any damages suffered.
4.3. In the event of suspension of the service for any reason, the owner reserves the right to extend the effects of the suspension of the service to other contractual relationships functionally and inextricably connected with this contract, duly established and existing with the Customer. The suspension or termination of the service will result in the deletion of any data present, after 10 days from the date of suspension and/or termination of the service. No claim for damages can ever be made by the Customer against the owner following what is specified in the previous paragraphs.
4..4 Termination of Service. Also to guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving appropriate notice to Users.
4.5 Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (eg strikes, infrastructure malfunctions, blackouts, etc.).
Art. 5 Contents on this Website
5.1 Copyrights. All the contents of this site are protected by the provisions of the law on copyright and intellectual property. Even partial reproduction in any form is prohibited. The Owner does not grant any license to copyrights, patents or any other intellectual property right.
Art. 6 Access to external resources
6.1 Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
Art. 7 Paid products
7.1 The Products offered on this Website are paid, the prices and conditions applicable to the sale of these Products are described below and in the respective sections of this Website.
7.2. Product description. Prices, descriptions and availability of the Products are specified in the respective sections of this Website and are subject to change without notice.
7.3 Prices. During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
7.4 Although the Products on this Website are presented as accurately as technically possible, the representation on this Website by any means (including, as the case may be, graphics, images, colours, sounds) is intended for reference only and not implies no guarantee regarding the characteristics of the Product purchased. The characteristics of the selected Product will be specified during the purchase procedure.
7.5. Purchase procedure. Each phase, from choosing the product to placing the order, is part of the purchase procedure. The purchase procedure includes the following steps:
– Users choose the desired product and verify their purchase choice.
– After checking the information visible in the purchase choice, Users can place the order by submitting it.
– Sending the order
Art. 7.6 Sending the order. It involves the following:
a) The sending of the order by the user determines the conclusion of the contract and causes the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
b) In the event that the purchased Product requires an active contribution from the User, such as the supply of information or personal data, specifications or special requests, the forwarding of the order also constitutes the User's obligation to collaborate accordingly.
c) Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
d) All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.
Art 8 Means of payment
7.1 The details relating to the accepted means of payment are highlighted during the purchase procedure.
7.2. Some means of payment are linked to additional conditions or involve additional costs. Detailed information is given in the relevant section of this Website.
7.3 All payments are managed independently by third party services for whose conditions please refer to the relative information and terms/conditions of use. Therefore, this Website does not collect payment data - such as credit card numbers - but receives a notification once the payment has been successful.
7.4 In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or commissions deriving from the failed or refused payment are charged to the User.
Art. Retention of title. Until payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.
Art. 8 Right of withdrawal
8.1 The Owner grants Users the contractual right to withdraw from the purchase contract according to the terms and conditions set out in the relevant section of this Website within 14 days of the conclusion of the contract.
8.2 To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.
8.3 To this end, the User can use the standard withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract by sending a communication by e-mail. In order to respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.
At. 9 Effects of withdrawal
9.1 The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
9.2 However, the higher cost deriving from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will remain the responsibility of the User.
9.3 The refund takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment used for the initial transaction. The User does not have to bear any costs as a result of the withdrawal.
a) on contracts for the purchase of material goods:
– Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by him to receive them without undue delay and in any case within 14 days from the day on which he communicated the his intention to withdraw from the contract.
– The deadline is met if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.
– The User is liable for the decrease in the value of the goods deriving from a use of the goods other than that necessary to establish their nature, characteristics and functioning.
-The return shipping costs are charged to the User.
– In case of purchase of material goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by him and other than the courier – takes possession of the goods.
– In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good composed of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – from the person in charge and different from the courier - takes possession of the last of the goods, lots or pieces.
Article 10 Delivery
10.1 Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
10.2 Upon delivery, Users must check the contents of the package and promptly report any anomalies to the addresses listed in this document or as described in the delivery note. Users can refuse to accept the package if it is visibly damaged.
10.3 Delivery can take place in the countries or territories specified in the relevant section of this Website.
9.4 Delivery times are indicated on this Website in the relevant section or during the purchase procedure.
Article 11 Failure to deliver
11.1 The Owner is not liable in any way for any delivery errors deriving from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been appointed by the User.
11.2 In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
11.3 Unless otherwise specified, each delivery attempt starting from the second will be charged to the User.
Art. 12 Legal guarantee of conformity and complaints procedure
12.1 According to European legislation, the seller guarantees the conformity of the goods sold for a period of 2 years from delivery. Therefore, the seller is obliged to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality or characteristics for at least two years from the time of delivery to the buyer.
12.2 Any complaints by the Customer for discrepancies in the purchased product must be submitted in writing by e-mail within the terms established by the consumer code if applicable (articles 128-135) or by the articles 1490 and 1495 of the Italian civil code, within fourteen days from the date of delivery of the product. The complaint email must contain: 1) the number of the order placed; 2) the Seller invoice number; 3) the product shipment date (shipping note date); 4) the specification of the alleged defects; 5) photographs of the non-compliant product with details of the defect; 6) the name and contact details of the person to contact for any communications.
Art. 13 limitation of liability
13.1 The products on the site and their availability may vary at any time; the Customer who accepts these general conditions of sale, expressly exonerates the owner from responsibility for any variation in availability, both partial and total.
13.2 In the event of unavailability of an item indicated as available at the time the Purchase Order is sent by the Customer, the owner will promptly inform the Customer by e-mail that the product is not available and, if the Customer does not want to replace it with an available one, the amount paid at the time of purchase will be refunded. In any case, the responsibility of the owner for the unexpected unavailability of the products is excluded.
13.3 With the acceptance of the general conditions of sale, the Parties agree that the owner cannot under any circumstances be held responsible for damages of any nature or lost earnings that the Customer may suffer due to the failure to fulfill the order or the failure to deliver of the products ordered. Therefore, the non-acceptance, even partial, of an order cannot result in contractual or extra-contractual liability for the owner, as the parties expressly exclude the right to compensation and/or indemnity for all direct or indirect damages to natural or legal persons and / or things, which the Customer should connect to the non-acceptance of the Purchase Order.
Art. 14 Modifications of the Terms
14.1 The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to Users with 30 days notice.
14.2 The changes will affect the relationship with the User only for the future.
14.3 Your continued use of the Service constitutes your acceptance of the updated Terms. If the User does not want to accept the changes, he must stop using the Service.
Art.t 15 Applicable law and competent court
15.1 The applicable law is the Italian one.
15.2 In the event of disputes regarding the services offered by this site from any point of view, the competent court is that of Livorno.
Art. 16 Resolution of disputes
16.1 If the complaint does not satisfy the Customer, he will be entitled to access the conciliation procedure alternative to the jurisdiction by activating the ODR (Online Dispute Resolution) procedures made available by the European community at the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
Art.16.2 An appeal cannot be brought before the courts until a mandatory attempt at conciliation has been made. In any case, the choice of these procedures will not preclude recourse to ordinary jurisdiction.