Here is a translation of the Terms and Conditions to English:
Terms and Conditions
Users who use the Services offered by Tenute Valso declare that they know and accept these general contract conditions.
Owner of Tenute Valso and related Services
Agricultural company Tenute Valso di Vallone Stefano
Via Nazario Sauro 31, Alcamo (TP), 91011
Chamber of Commerce of Trapani
VAT number: IT00800720815
Email address of the Owner: [email protected]
Information about Tenute Valso
Tenute Valso is an online wine and other products sales service.
Introduction
This document
This document constitutes a legal agreement between you, as a User, and Tenute Valso and governs your use of the website and, in any case, the use of the services provided. “Legal agreement” means that the terms of this agreement, once accepted by the User, are binding on the latter.
For simplicity, “User”, “you”, “your” and similar terms, both singular and plural, refer to you, the User. “We”, “our” and similar terms refer to Tenute Valso. “Tenute Valso” refers to this site and/or application. “Contract” refers to this document, as amended from time to time. The Contract is concluded in Italian. Other definitions can be found in the “Definitions” section at the bottom of this Contract.
Acceptance of the Contract
To use Tenute Valso, you must carefully read and accept the Contract by clicking on the specific button for acceptance. If you do not accept the Contract, you will not be able to use the Service.
Tenute Valso content and prohibited use
Registration
To use the Service or part of it, Users must fully accept the privacy policy and these general conditions. The User has the responsibility to keep and maintain confidential their access credentials.
Content available on Tenute Valso
The contents available on Tenute Valso are protected by copyright law and other laws and international treaties protecting intellectual property rights and, unless otherwise specified, their use is allowed to Users exclusively within the limits specified in this clause.
The Owner grants the User, for the entire duration of the Contract, a personal, non-transferable and non-exclusive license, for exclusively personal and never commercial purposes and limited to the device in use by the User for the use of such content.
Therefore, the User is expressly prohibited from copying and/or downloading and/or sharing (except within the limits illustrated below), modifying, publishing, transmitting, selling, sublicensing, processing, transferring/assigning to third parties or creating derivative works in any way from the contents, including those of third parties, available on Tenute Valso, or allowing third parties to do so through the User or their device, even without their knowledge.
Where expressly indicated on Tenute Valso, the User, for personal use only, may be authorized to download and/or copy and/or share some content made available on Tenute Valso, provided that they faithfully report all copyright indications and other indications provided by the Owner.
Content provided by the User
Users are responsible for their own content and that of third parties that they share on Tenute Valso, by uploading it, entering content or by any other means. Users indemnify the Owner from any liability in relation to the illegal dissemination of third-party content or the use of Tenute Valso, in ways contrary to the law.
The Owner does not carry out any type of moderation of the content published by the User or by third parties, but undertakes to intervene following reports from Users or orders issued by public authorities in relation to content deemed offensive or illegal.
In particular, the Owner may suspend or interrupt the display of content in the event that:
complaints are received from other Users;
receives a report of violation of intellectual property rights;
deems it necessary to do so in anticipation of, or as a result of, legal actions;
such action is requested by public authority; or
believes that such content, remaining accessible through Tenute Valso could put Users, third parties, the availability of the Service and/or the Owner itself at risk.
Rights to content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary for the operation and maintenance of Tenute Valso.
Unless otherwise established, by sending, publishing or displaying content on or through Tenute Valso, the User grants the Owner and other Users a license without territorial limits, non-exclusive, free and with the right to sublicense, for use, copying, reproduction, processing, adaptation, modification, publication, transmission, display and distribution of such content with any support or distribution method currently available or developed later.
Services provided by third parties
Users may use services or content included in Tenute Valso provided by third parties, but must first have read the terms and conditions of such third parties and accepted them. Under no circumstances can the Owner be held responsible in relation to the proper functioning or availability, or both, of services provided by third parties.
Unauthorized use
The Service must be used according to what is established in the Terms.
Users cannot:
reverse engineer, decompile, disassemble, modify or create derivative works based on Tenute Valso or any portion thereof;
circumvent the computer systems used by Tenute Valso or its licensors to protect the content accessible through it;
copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by Tenute Valso;
use any robot, spider, site search and/or retrieval application, or any other automatic device, process or means to access, retrieve, scrape or index any portion of Tenute Valso or its contents;
rent, lease or sublicense Tenute Valso;
defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights of others;
spread or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
misappropriate the account in use by another User;
register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through Tenute Valso;
use Tenute Valso in any other improper manner such as to violate the Terms.
Sales conditions
Purchase
Purchase procedure
Each order sent constitutes an offer for the purchase of products. Orders are subject to availability and the discretionary acceptance of the Owner.
The User must select the products and complete the checkout, after carefully verifying the information contained in the order summary. The order is made by confirming it and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form.
The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place when the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, communicating to the User within 5 working days from the placement of the order, to the email address associated with their purchase, the possible unavailability of one or more of the purchased products. In this case, the Owner will refund the price and shipping costs incurred by the User.
Payment methods
Tenute Valso uses third-party tools for payment processing and does not in any way come into contact with payment data – such as those relating to credit cards – provided.
Any management costs for payments not accepted by the User will be charged to the User.
Retention of title
Until full payment of the price of the ordered products, the products remain the property of the Owner.
Product availability
The prices, descriptions or availability of products displayed are subject to change without notice. The photos inserted are indicative and may not constitute an exact representation of the products.
The Owner will do its best to present the characteristics of the products with the greatest possible degree of detail on Tenute Valso within each card corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on Tenute Valso may differ from the real ones due to multiple factors including, by way of example and not limited to, the User’s terminal monitor, photographic filters etc. Therefore, the User acknowledges and accepts that such minor differences do not constitute a lack of conformity of the products.
Execution of the Order
The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Owner cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.
Delivery
Delivery
Deliveries are made during normal working hours to the address indicated by the User and according to the methods specified in the order summary.
Upon delivery, the User must check the content specifying any anomalies in the delivery form.
In case of non-collection within the term established by the carrier, the products will be returned to the Owner, who will refund the price of the products, but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage occurring to the Products after delivery to the carrier, where the latter was chosen and appointed by the User or for delays in delivery attributable to the latter.
Right of withdrawal and warranty
Right of withdrawal
In case of purchase of products or services on Tenute Valso, the User has the right to withdraw from the contract without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Owner of the decision to withdraw through an explicit declaration sent to the contacts indicated.
To this end, they can use the model for exercising the right of withdrawal that will be sent via email, after the request to exercise the right of withdrawal. The withdrawal occurs without justified reason, if the original nature of the delivered good has not been compromised.
Effects of withdrawal
If the User withdraws from this contract, they will be reimbursed all payments made in favor of the Owner, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered) without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from this contract. These refunds will be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to bear any costs as a consequence of this refund. The refund can be suspended until receipt of the goods or until the User has demonstrated that they have returned the goods, if earlier.
The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which they communicated their withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14-day period. The costs of returning the goods will be anticipated by the User, but will be reimbursed by the Owner in the manner and within the limits indicated above at the User’s expense. The User is only responsible for the decrease in the value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Limitations to the right of withdrawal
Returned products that are found to be damaged or used in a way different from and further than what is strictly necessary to establish their nature, characteristics and functioning will be refunded after deduction of the decrease in value resulting from the damage or use. The refund is excluded when the decrease in value is total.
The User is requested to insert a copy of the delivery document received inside the package.
The right of withdrawal is in any case excluded in relation to:
goods made to measure or clearly personalized;
the supply of goods that are liable to deteriorate or expire rapidly;
the supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and have been opened after delivery.
If one of the above-mentioned exceptions is applicable to the goods purchased by the User, the latter will not be able to exercise the right of withdrawal.
Applicability of withdrawal clauses
The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who can be qualified as a consumer, i.e. to the User who acts for purposes unrelated to their entrepreneurial and professional activity.
Legislative references
Legislative Decree 21/2014 – implementing Directive 2011/83/EU on consumer rights.
Warranty
The User who purchases as a consumer has the right to warranty on the conformity of purchased products and services within the limits of 24 months from purchase, provided that communication is given within 2 months of their discovery.
To exercise the right of warranty, the User is required to contact the Owner at the contact information contained in this document, giving an accurate description of the defect found.
If the product’s lack of conformity is ascertained, the User has the right to obtain, at their choice, the repair or replacement of the product.
The User also has the right to request from the Owner an appropriate reduction in price or termination of the contract in the following cases:
if repair and replacement are impossible or excessively expensive;
if the Owner has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days;
if the replacement or repair previously carried out has caused significant inconvenience to the User.
The User is in any case required to return defective products.
Compensation and limitation of liability
Indemnity
The User undertakes to indemnify the Owner (as well as any companies controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or responsibility, including any legal expenses incurred to defend itself in court, which should arise in relation to damages caused to other Users or third parties, in relation to content uploaded online, violation of the law or the terms of these service conditions.
Limitations of liability
Tenute Valso and all functionalities accessible through Tenute Valso are made available to Users, under the terms and conditions of the Contract, without any guarantee, express or implied, that is not mandatory by law. In particular, no guarantee of suitability of the services offered for the particular purposes that the User sets for themselves is provided.
The use of Tenute Valso and the functionalities accessible through Tenute Valso is carried out by Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for damages of a contractual and non-contractual nature towards Users and third parties exclusively in case of willful misconduct or gross negligence when these are an immediate and direct consequence of the activity of Tenute Valso. Therefore, the Owner will not be responsible for:
any losses that are not a direct consequence of the breach of the Contract by the Owner;
any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenue, income, profits or presumed savings, loss of contracts or business relationships, loss of reputation or goodwill value etc.);
damages or losses arising from interruptions or malfunctions of Tenute Valso due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the sphere of control of the Owner such as, by way of example and not limited to, breakdowns or interruptions of telephone or electrical lines, to the internet network and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties; and
incorrect or unsuitable use of Tenute Valso by Users or third parties.
Common provisions
Service interruption
To guarantee Users the best possible use of the Service, the Owner reserves the right to interrupt the Service for maintenance or system update needs, informing Users through constant updates on Tenute Valso.
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Tenute Valso and its Services without the prior written permission of the Owner, granted directly or through a specific resale program.
The Owner may tolerate forms of resale carried out on a personal basis (one to one) and limited; any form of mass resale is expressly excluded.
Privacy policy
For information on the use of personal data, Users must refer to the privacy policy of Tenute Valso.
Intellectual property rights
All trademarks of the Application, figurative or nominal, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear concerning Tenute Valso are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.
All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the content published by such third parties on Tenute Valso are and remain the exclusive property or in the availability of said third parties and their licensors and are protected by applicable trademark laws and related international treaties. The Owner does not own the ownership of such intellectual property rights and can use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.
Age requirements
Users declare to be of legal age according to the legislation applicable to them. In no case can minors under 13 years of age use Tenute Valso
Conditions for receiving deliveries
The User who makes the purchase through Tenute Valso, moreover, declares and guarantees that whoever will receive the shipment of the purchased products is of legal age according to the legislation applicable to the latter.
Changes to these Terms
The Owner reserves the right to make changes to the Terms at any time, giving notice to the User through its publication within Tenute Valso
The User who continues to use