Users who use the Services offered by this website declare that they are aware of and accept these general terms and conditions of contract.
Owner of the website and of the related services
Fattoria Il Piano - Loc. Montauto, 53037 San Gimignano (SI) Italy - Tel: +39 351 456 3097 - VAT No. 00294980529
Owner's email address: wines@fattoriailpiano.it
Information about the website
This website offers an online sales service for wine and other alcoholic beverages.
Introduction
This document
This document constitutes a legal agreement between you, as a User, and the company that manages it, 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 in the singular and the plural, refer to you, the User. "We", "our" and similar terms refer to the company that owns and manages the website. "Contract" refers to this document, as amended from time to time. The Contract is concluded in the Italian language. Other definitions can be found in the "Definitions" section at the foot of this Contract.
Acceptance of the Contract
In order to use this website, 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.
Registration, content of the website and prohibited use
Registration
In order to use the Service or part of it, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form, and must fully accept the privacy policy and these general terms and conditions. It is the User's responsibility to keep their access credentials safe and confidential.
It is understood that under no circumstances may the Owner be held liable in the event of loss, disclosure, theft or unauthorized use by third parties, on any grounds whatsoever, of Users' access credentials.
Account cancellation and closure of User accounts
Registered Users may deactivate their accounts, request their cancellation or stop using the Service at any time, through the interface of this website or by contacting the Owner directly.
In the event of a breach of these Terms, the Owner reserves the right to suspend or close the User's account at any time and without notice.
The Owner reserves the right to suspend or cancel the User's account at any time and without notice if it considers that:
- the User has breached the Contract; and/or
- access to or use of the Service could cause harm to the Owner, to other Users or to third parties; and/or
- the User's use of this website could result in a breach of applicable law or regulations; and/or
- in the case of investigations conducted following legal action or due to the involvement of public authorities; and/or
- the account is deemed by the Owner, at its sole discretion and for any reason whatsoever, inappropriate or offensive or in breach of the Contract or not in line with the Owner's standards.
Content available on this website
The content available on this website is protected by copyright law and by the other laws and international treaties protecting intellectual property rights and, unless otherwise specified, its use is permitted to Users solely 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, to use such content.
Therefore, the User is expressly prohibited from copying and/or downloading and/or sharing (other than within the limits set out below), modifying, publishing, transmitting, selling, sublicensing, processing, transferring/assigning to third parties or creating derivative works in any way from the content, including third-party content, available on this website, nor from allowing third parties to do so through the User or their device, even without the User's knowledge.
Where expressly indicated on this website, the User, for purely personal use, may be authorized to download and/or copy and/or share some content made available on this website, provided that they faithfully reproduce all copyright indications and the other indications provided by the Owner.
Content provided by third parties
The Owner does not carry out any prior moderation of the content or links provided by third parties displayed on this website. The Owner is not responsible for such content and for its accessibility.
Content provided by the User
Users are responsible for their own content and that of third parties which they share on this website, by uploading it, by entering content or by any other means. Users release the Owner from all liability in relation to the unlawful dissemination of third-party content or to the use of this website by means contrary to the law.
The Owner does not carry out any kind of moderation of the content published by the User or by third parties, but undertakes to act upon reports from Users or orders issued by public authorities in relation to content deemed offensive or unlawful.
In particular, the Owner may suspend or interrupt the display of content in the event that:
- complaints are received from other Users;
- a notice of infringement of intellectual property rights is received;
- it considers it necessary to do so in anticipation of, or as a result of, legal action;
- such action is requested by a public authority; or
- it considers that such content, by remaining accessible through this website, could put Users, third parties, the availability of the Service and/or the Owner itself at risk.
Rights over the content provided by Users
The only rights granted to the Owner in relation to the content provided by Users are those necessary for the operation and maintenance of this website.
Unless otherwise established, by submitting, publishing or displaying content on or through this website, the User grants the Owner and the other Users a license, without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content with any medium or method of distribution currently available or developed later.
Services provided by third parties
Users may use services or content included in this website that are provided by third parties, but must first have read and accepted the terms and conditions of such third parties. Under no circumstances may the Owner be held responsible in relation to the correct functioning or the availability, or both, of services provided by third parties.
Prohibited use
The Service must be used as established in the Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on this website or on any portion of it;
- circumvent the IT systems used by this website or by its licensors to protect the content accessible through it;
- copy, store, modify, change, prepare derivative works of or alter in any way any of the content provided by this website;
- use any robot, spider, site search and/or retrieval application, or any other device, process or automatic means to access, retrieve, scrape or index any portion of this website or its content;
- rent, license or sublicense this website;
- defame, abuse, harass, carry out threatening practices, threaten or otherwise violate the rights of others;
- disseminate or publish content that is illegal, obscene, illegitimate, defamatory or inappropriate;
- unlawfully take over 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 this website;
- use this website in any other improper manner such as to breach the Terms.
Conditions of sale
Paid services
This website provides certain paid subscriptions or services.
The fees, duration and conditions of paid accounts and services are indicated in the relevant section of this website.
Purchase procedure
Each order submitted constitutes an offer to purchase the products. Orders are subject to availability and to the discretionary acceptance of the Owner.
The User must select the products and complete the check-out, after having carefully verified the information contained in the order summary. The order is placed by confirming it and is subject to payment of the price, the taxes and the 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 at the time the Owner sends the Order Confirmation to the email address provided by the User. The Owner reserves the right not to confirm an order, notifying the User within 5 working days from the placing of the order, at the email address associated with their purchase, of the possible unavailability of one or more of the purchased products. In this case the Owner will refund the price and the shipping costs incurred by the User.
Methods of payment
This website uses third-party tools to process payments and does not in any way come into contact with the payment data - such as that relating to the credit card - provided.
Any costs of handling the User's payments that are not accepted will be charged to the User.
Prior authorization for future payments via PayPal
In the event of payment via a PayPal account, during the purchase, this website will store an identification code linked to the customer's PayPal account, which authorizes this website to an exclusive use linked to future purchases.
It is possible to revoke the above authorization at any time, through the interface of this website or by contacting the Owner directly.
Retention of title
Until full payment of the price of the ordered products, the products remain the property of the Owner.
Availability of products
The prices, descriptions or availability of the products displayed are subject to change without notice. The photos shown 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 in the greatest possible detail on this website within each card corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on this website may differ from the real ones due to multiple factors including, by way of example and not exhaustively, the monitor of the User's terminal, photographic filters etc. Therefore, the User acknowledges and accepts that any 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 may not be held liable for damages suffered by the User due to delays in delivery that do not depend on circumstances foreseeable by the parties at the time of sending the Order Confirmation.
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.
On delivery, the User must check the content, specifying any anomalies on the delivery form.
In the event of failure to collect 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 liable for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to the Products after delivery to the carrier, where the latter has been chosen and appointed by the User, or for delays in delivery attributable to the latter.
Right of withdrawal
In the event of the purchase of products or services on this website, the User has the right to withdraw from the contract without stating the 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 by means of an explicit declaration sent to the contacts indicated.
Effects of withdrawal
If the User withdraws from this contract, they will be refunded all the payments they have made to the Owner, including delivery costs (with the exception of additional costs deriving from any 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. Said 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 cost as a consequence of such refund. The refund may be suspended until the goods are received or until the User has demonstrated that they have returned the goods, whichever is earlier.
The User is requested to return the goods and to deliver them to the Owner without undue delay and in any case within 14 days from the day on which they communicated the 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 advanced by the User, but will be refunded by the Owner in the manner and within the limits indicated above. The User is responsible only for the diminished 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 that is different from and beyond what is strictly necessary to establish their nature, characteristics and functioning will be refunded after deducting the diminished value resulting from the damage or use. The refund is excluded when the diminished value is total.
The User is requested to place 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 that are not suitable to be returned for reasons of hygiene or connected with health protection and were opened after delivery.
Should one of the above-mentioned exceptions be applicable to the goods purchased by the User, the latter will not be able to exercise the right of withdrawal.
Applicability of the clauses on withdrawal
The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who qualifies as a consumer, that is, 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 a warranty on the conformity of the products and services purchased within the limit of 24 months from the purchase, provided that notice is given within 2 months of their discovery.
To exercise the warranty right, the User is required to contact the Owner at the contact information contained in this document, giving an accurate description of the defect found.
Should the lack of conformity of the product be 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 ask the Owner for an appropriate reduction in the price or the termination of the contract in the following cases:
- should repair and replacement prove impossible or excessively onerous;
- should the Owner fail to repair or replace the goods within an appropriate term, in any case not less than 15 days;
- should the replacement or repair previously carried out have caused significant inconvenience to the User.
The User is in any case required to return the defective products.
Indemnity and limitation of liability
Indemnification
The User undertakes to hold the Owner harmless (as well as any companies controlled by or affiliated with it, its representatives, directors, agents, licensees, partners and employees) from any obligation or liability, including any legal expenses incurred to defend itself in court, that may arise as a result of damage caused to other Users or to third parties, in relation to the content uploaded online, the violation of the law or of the terms of these terms of service.
Limitations of liability
This website and all the functionalities accessible through this website are made available to Users, under the terms and conditions set out in the Contract, without any warranty, explicit or implicit, that is not mandatory by law. In particular, no warranty is provided as to the suitability of the services offered for the particular purposes that the User sets themselves.
The use of this website and of the functionalities accessible through this website 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 the case of willful misconduct or gross negligence when these are the immediate and direct consequence of the activity of this website. Therefore, the Owner will not be liable for:
- any losses that are not a direct consequence of the breach of the Contract by the Owner;
- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not exhaustively, commercial losses, loss of revenue, income, profits or presumed savings, loss of contracts or business relationships, loss of reputation or goodwill etc.);
- damage or losses deriving from interruptions or malfunctions of this website due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will of and outside the sphere of control of the Owner such as, by way of example and not exhaustively, faults or interruptions to 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 provision of third-party products, services or applications; and
- incorrect or unsuitable use of this website by Users or by 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 the needs of maintenance or updating of the system, informing Users through constant updates in this regard on this website.
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of this website 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 (one-to-one) and limited basis; any form of mass resale is expressly excluded.
Privacy policy
For information about the use of personal data, Users must refer to the privacy policy of this website.
Intellectual property rights
All the trademarks of the Application, figurative or nominative, and all the other signs, trade names, service marks, word marks, trade denominations, illustrations, images, logos that appear concerning this website are and remain the exclusive property of the Owner or of its licensors and are protected by the laws in force on trademarks and by the related international treaties.
All trademarks and all the other signs, trade names, service marks, word marks, trade denominations, illustrations, images, logos concerning third parties and the content published by such third parties on this website are and remain the exclusive property of, or in the availability of, said third parties and their licensors and are protected by the laws in force on trademarks and by the related international treaties. The Owner does not hold the ownership of such intellectual property rights and may make use of them only within the limits of and in compliance with the contracts concluded with such third parties and for the purposes outlined therein.
Age requirements
Users declare that they are of legal age according to the legislation applicable to them. Under no circumstances may minors under 13 years of age use this website.
Conditions for receiving deliveries
The User who makes a purchase through this website, furthermore, declares and warrants that whoever receives 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 by publishing them within this website.
A User who continues to use this website after the publication of the changes accepts the new Terms without reservation.
Assignment of the contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User's rights provided for herein are not prejudiced.
The User may not assign or transfer in any way their rights or obligations under the Terms without the written authorization of the Owner.
Communications
All communications relating to this website must be sent using the contact information indicated in the Contract.
Ineffectiveness and partial nullity
Should any clause of the Terms prove null, invalid or ineffective, the said clause will be deleted while the remaining clauses will not be conditioned by this and will remain fully effective.
Applicable law and competent court
These Terms and all disputes concerning the execution, interpretation and validity of this contract are subject to the law, to the jurisdiction of the State and to the exclusive competence of the court of the place where the Owner has its registered office.
An exception is the exclusive forum of the consumer, where the law provides for it.
Dispute resolution
Online dispute resolution for consumers
The consumer resident in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve out of court any dispute relating to and/or deriving from contracts for the sale of goods and services concluded online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract concluded with the Owner. The platform is available at the following link.
The Owner is available to answer any question forwarded by email to the email address published in this document.