General Terms and Conditions of sale

TERMS AND CONDITIONS

Users who use the Services offered by this website declare that they know and accept these general contract conditions.

Owner of the website and related services

Tenuta del Meriggio di Bruno Pizza
Contrada Serra 79/81A
83038 Montemiletto (AV)
VAT: 06672881213
N.REA 182625 CCIAA di Avellino
+39 0825 962282
+39 346 3060060
info@tenutadelmeriggio.it

Information on the website

This website offers an online sales service for wine and other spirits.

Introduction

This document

This document constitutes a legal agreement between you, as a User, and the company that manages and regulates your use of the website and, in any case, the use of the services provided. “Legal Agreement” means that the terms of such agreement, once accepted by you, are binding on you.
For simplicity, “User,” “you,” “your,” and similar terms, whether singular or plural, refer to you, the User. “We,” “our,” and similar terms refer to the company that owns and operates the Website. “Agreement” 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 Agreement.

Acceptance of the Contract

In order to use this website, you must carefully read and accept the Contract by clicking on the specific acceptance button. If you do not accept the Agreement you will not be able to use the Service.

Registration, Website Content and Use Prohibited

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 fully accept the privacy policy and these general conditions. The User is responsible for safeguarding and keeping their access credentials confidential.

It is understood that under no circumstances can the Owner be held responsible in the event of loss, diffusion, theft or unauthorized use by third parties, for any reason, of the Users’ access credentials.

Account deletion and closure of User accounts

Registered Users can 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.
The Owner, in case of violation of these Terms, 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 believes that:

the User has violated the Contract; and/or
access or use of the Service could cause damage to the Owner, other Users or third parties; and/or
your use of this website may result in a violation of applicable laws or regulations; and/or
in the case of investigations conducted following legal actions or involving public authorities; and/or
the account is deemed by the Owner, in its sole discretion and for any reason, to be inappropriate or offensive or in violation of the Contract or not in line with the Owner’s standards.

Content available on this website

The contents available on this website are protected by copyright law and other laws and international treaties protecting intellectual property rights and, unless otherwise specified, their use is permitted to Users exclusively within the limits specified in the this clause.
The Owner grants the User, for the entire duration of the Contract, a personal, non-transferable and non-exclusive license, for exclusive personal and never commercial purposes and limited to the device used by the User for the use of such contents.
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 this website, nor allow third parties to do so through the User or his device, even without his knowledge.
Where expressly indicated on this website, the User, for mere personal use, may be authorized to download and/or copy and/or share some contents made available on this website, provided that he faithfully reports all copyright and the other information provided by the Owner.

Content provided by third parties

The Owner does not carry out any preventive moderation on the contents or links provided by third parties shown on this website. The Owner is not responsible for such contents and their accessibility.

User Provided Content

Users are responsible for their own and third-party content that they share on this website, whether by uploading, posting content or in any other way. Users indemnify the Owner from any liability in relation to the illicit dissemination of third party content or the use of this website in ways contrary to the law.

The Owner does not carry out any type of moderation of the contents published by the User or by third parties, but undertakes to intervene in response to reports from Users or orders given by public authorities in relation to contents deemed offensive or illicit.
In particular, the Owner may suspend or interrupt the display of contents in the event that:

complaints are received from other Users;
receives a report of infringement of intellectual property rights;
believes it is necessary to do so in anticipation of, or as a result of, legal action;
such action is requested by public authorities; or
believes that such content, remaining accessible through this website, could put Users, third parties, the availability of the Service and/or the Owner himself at risk.
Rights to content provided by Users

The only rights granted to the Owner in relation to the contents provided by Users are those necessary for the operation and maintenance of this website.

Unless otherwise established, by sending, publishing or viewing content on or through this website, the User grants the Owner and other Users a license without territorial limits, non-exclusive, free of charge and with the right to sublicense , for use, copying, reproduction, processing, adaptation, modification, publication, transmission, display and distribution of such content in any media or distribution method now available or later developed.

Services provided by third parties

Users can use services or content included in this website 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 correct functioning or availability, or both, of services provided by third parties.

Use not permitted

The Service must be used in accordance with the Terms.
Users cannot:

reverse engineer, decompile, disassemble, modify or create derivative works based on this Website or any portion thereof;
circumvent the computer systems used by this website or 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 automatic device, process or means to access, retrieve, scrape or index any portion of this website or its contents;
rent, license or sublicense this website;
defame, abuse, harass, threaten, threaten or otherwise violate the rights of others;
disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
illicitly take possession of the account used 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 that violates the Terms.

Conditions of sale

Payment services

This website provides some subscriptions or paid services.
The fees, duration and conditions of the accounts and paid services are indicated in the relevant section of this website.

Purchase procedure

Each order sent constitutes an offer to purchase the products. Orders are subject to availability and discretionary acceptance of the Owner.
The User must select the products and complete the check-out, after carefully checking the information contained in the order summary. The order is placed through confirmation of the same 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 occurs 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 of placing the order, to the email address associated with his purchase, the possible unavailability of one or more of the products purchased. In this case the Owner will refund the price and any shipping costs incurred by the User.

Terms of payment

This website uses third-party tools for payment processing and in no way comes into contact with payment data – such as credit card data – provided.

Any costs for managing unacceptable User payments will be charged to the User.

Prior authorization for future payments via PayPal

In case of payment via PayPal account, during the purchase, this website will store a recognition code combined with the customer’s PayPal account, which authorizes this website for exclusive use linked to future purchases.

It is possible to revoke the aforementioned 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 products ordered, the products remain the property of the Owner.

Product availability

Prices, descriptions or availability of products displayed are subject to change without notice. The photos included are indicative and may not constitute an exact representation of the products.
The Owner will do his best to present the characteristics of the products in the greatest possible detail on this website within each tab 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 limited to, the monitor of the User’s terminal, photographic filters etc. Therefore, the User acknowledges and accepts that any minor differences do not constitute a lack of conformity of the products.

Execution of the Order

The Order is executed within the terms specified on the summary page and in the Order Confirmation email, subject to the availability of the product ordered.
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

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 contents by specifying any anomalies in the delivery form.
In case of failure to collect within the deadline 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 damage that may occur 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 case of purchase of products or services on this website, the User has the right to withdraw from the contract without giving reasons, within 14 days. The withdrawal period expires 14 days after 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 via an explicit declaration sent to the contacts indicated.

Effects of withdrawal

If the User withdraws from this contract, all payments made to the Owner will be refunded, including delivery costs (with the exception of additional costs resulting from the possible choice of a type of delivery other than the least expensive type of delivery standard 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 payment method 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 reimbursement. The refund may be suspended until receipt of the goods or until the User demonstrates that he has sent the goods back, whichever is 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 he communicated the withdrawal from this contract. The deadline is met if the User sends back the goods before the 14 day period expires. 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 responsible only 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 on the right of withdrawal

Returned products that are damaged or used in a manner different and beyond what is strictly necessary to establish their nature, characteristics and functioning will be refunded after deducting the decrease in value resulting from the damage or use. Refunds are excluded when the decrease in value is total.
The User is asked to include 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 which are likely to deteriorate or expire rapidly;
the supply of sealed goods that are not suitable for return for hygienic or health protection reasons 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 the 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 qualifies as a consumer, i.e. to the User who acts for purposes unrelated to his/her business 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 guarantee the conformity of the products and services purchased within the limits of 24 months from purchase provided that communication 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.
If the lack of conformity of the product is ascertained, the User has the right to obtain, at his choice, the repair or replacement of the product.
The User also has the right to request from the Owner an appropriate price reduction or termination of the contract in the following cases:

if repair and replacement prove 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.

Indemnification 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, licensors, partners and employees) from any obligation or liability, including any legal costs incurred to defend themselves in court, which may arise due to damage caused to other Users or third parties, in relation to the contents uploaded online, to the violation of the law or the terms of these conditions of service.

Limitations of Liability

This website and all the features accessible through this website are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, explicit or implicit, that is not mandatory by law. In particular, no guarantee is provided as to the suitability of the services offered for the particular purposes intended by the User.
The use of this website and the functions 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 by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of the activity of this website. 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 commercial 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 revenues, income, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill value etc.);
damages or losses resulting 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 and outside the sphere of control of the Owner such as, by way of example and not limited to , failures or interruptions to telephone or electricity lines, the internet network and/or other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of third-party products, services or applications set off; and
incorrect or inappropriate use of this website 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 due to the need for 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 on the use of personal data, Users should refer to the privacy policy of this website.

Intellectual property rights

All trademarks of the Application, figurative or nominative, and all other signs, trade names, service marks, word marks, commercial names, illustrations, images, logos that appear on this website are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties.

All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos relating to third parties and the contents published by such third parties on this website are and remain the exclusive property or availability of such third parties and their licensors and are protected by current trademark laws and relevant international treaties. The Owner does not own the ownership of such intellectual property rights and can only use them within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.

Age requirements

Users declare that they are adults according to the legislation applicable to them. Under no circumstances may children under the age of 13 use this website.

Conditions for receiving deliveries

The User who makes the purchase through this website also declares and guarantees that the person who will receive the shipment of the purchased products is of 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 on this website.
The 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 arising from the Terms, provided that the User’s rights provided 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 Agreement.

Ineffectiveness and partial nullity

If any clause of the Terms is found to be void, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected thereby and will remain fully effective.

Applicable law and competent court

These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Owner has its registered office.
The exclusive jurisdiction of the consumer is an exception, if the law provides for it.

Dispute Resolution

Online dispute resolution for consumers

The consumer resident in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve non-judicial disputes relating to and/or deriving from contracts for the sale of goods and services stipulated online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract stipulated with the Owner.

The Data Controller is available to answer any questions sent via email to the email address published in this document.