Byvino S.n.c’s General Conditions and Contract of Sale
for purchases from www.byvino.it
Pursuant to the effects of Legal Decree 22/05/1999, n. 185 "Implementation of Directive 97/7/EC on the protection of consumers in respect of distance contracts" and Circular No. 3487/C dated 01/06/2000 from the Ministry of Industry having as its object the Legislative Decree No. 114 dated 31/03/1998 "Regulations for the sale of goods via electronic means. Electronic commerce. "
This contract is for the sale of bottles of wine, accessories, or other related products in the quantity and quality desired by the consumer as electronically selected from site www.byvino.it. As soon as the consumer accesses and uses the site www.byvino.it, the consumer is immediately subject to, and agrees to be legally bound by, the terms and conditions set forth below including all documents listed. Please review this document carefully before using the services. The consumer may leave the website or decline to use it if he or she does not wish to accept and comply with these terms and conditions.
Article 1 - Definitions Supplier of goods and services (also called Operator):
P.za Maggiore ,3
12084 Mondovì (CN)
Codice Fiscale and Partita IVA 03466210048
As owner of the website: www.byvino.it
Consumer: User or customer of the site www.byvino.it
Art. 2 - Nature of goods
The goods and services for sale are those described on the pages of www.byvino.it, where the product name and any description shall bear the essential characteristics of the goods, as well as the vintage actually for sale. This information is subject to change and periodical updates, with the aim of further improving the service to the consumer.
Art. 3 - Prices and product availability
The prices of the products from Byvino S.n.c are clearly indicated on the site and are inclusive of VAT. To the price of the product should also be added the cost of shipping where applicable, the amount of which varies depending on the mode of delivery requested, in addition to customs duties when due. In the event that the product is not available, you will be informed by e-mail. The price of the goods bought and sold were summarized in the order form when the customer accepts these conditions by electronic selection and sends, also by electronic means (on-line, by e-mail or fax) the order form to Byvino S.n.c. The customer is obliged to accept these terms and conditions for orders placed by telephone, in which case, the customer will be sent written confirmation of the order by e-mail, fax or SMS, as indicated by preference. Prices and availability of products marketed by Byvino S.n.c via www.byvino.it are subject to change without notice.
Art. 4 - Purchase Contracts entered into by minors
Purchases may only be made by adults. However, if a purchase is completed by a minor by providing false information regarding age, or false information to purchase the desired items and / or to access the desired data, the parents are directly responsible for the payment of the purchases subject to the issue of withdrawal under Article 7 of these conditions of sale.
Art. 5 -Orders/Invoices
Orders are accepted in writing, E-mail, Internet, telephone or fax. The conclusion of the contract depends upon the election by the customer to pay the entire amount with one of the available payment methods. The Tax Invoice may also be issued after the delivery of goods within the time prescribed by law.
Art. 6 - Delivery of goods
The delivery of goods takes place as indicated in the bill/proposal, at the address indicated by the consumer via the courier nominated by Byvino S.n.c. The identification of the goods and the relative change of ownership takes place at the time of remittance of the goods to the Courier. With this act, Byvino S.n.c shall be deemed to have fulfilled its obligations to deliver the products. In order to avoid fraud, the Courier reserves the right to request an identity document, which demonstrates the coincidence of data between the order information and credit card holder. For the same purpose, the customer must provide a telephone number (preferably landline), which will be used with extreme caution, to give more security to the transaction / shipping, as well as the name on the intercom / buzzer, if present. If at the time of delivery, the recipient is absent, the nominee will leave a message / notice to arrange with the customer another delivery time, or permit the withdrawal of the package at the closest offices of the courier. The customer, upon receipt / collection, is required to verify the integrity and quantity of the goods upon delivery in the presence of the nominee; in the event that there is evidence of tampering or deformation with the shipment package which could lead to the presumption of any damage or content alteration, the customer must ACCEPT the package clearly indicating on the delivery receipt (Transport Document or Waybill) the conditions that are evident, or, if the package did not contain any visual evidence of breakage, ALWAYS accept it by signing the delivery note marked "ACCEPTED SUBJECT TO INSPECTION" so the customer can check the contents of the shipment and verify the status of the goods later. In the event that one or more products were not in perfect condition because of damage suffered during transport, the customer, after writing on the delivery note "DAMAGED GOODS WITH PACKAGING VISIBLE", must within 3 (three) days notify Byvino S.n.c. by e-mail at the address: firstname.lastname@example.org. Byvino S.n.c. will start an enquiry into corruption and, at its own expense, not later than 30 days from the date of delivery or of the notification, replace the damaged goods or, if that is not possible, refund the customer's amount. In the event that the customer contacts customer service after the third working day, Byvino S.n.c. will be entitled to decide whether to start an enquiry into corruption involving the replacement of the goods.
Art. 7 - Right of Withdrawal
Byvino S.n.c. guarantees the right to terminate the purchase contract, referring to the Legislative Decree 22/05/1999, n. 185 "Implementation of Directive 97/7/EC on the protection of consumers in respect of distance contracts", as amended. The customer can exercise the right of withdrawal no later than 10 working days after receipt of goods. This right must be exercised by sending a written notice by registered mail with return receipt to: - Byvino S.n.c., P.za Maggiore, 3, 12084 Mondovì (CN), Italy. The notice may be sent, within the same period, by e-mail addressed to email@example.com, provided it is confirmed by registered letter with acknowledgment of receipt within forty-eight (48) hours. The goods must be returned to the Merchant/Supplier intact, in undisturbed conditions, and with complete original packaging, at the expense of the customer no later than 15 days after the Notice of withdrawal. Byvino S.n.c. will refund the sums paid (including expenses for the first shipment in the event of total withdrawal from the order) within a maximum of 30 days from the date on which it received knowledge of the exercise by the customer of the right of withdrawal but not before receiving the return shipment and verification of the status of the property the subject of the withdrawal. The costs and risks associated with product returns will be charged to the buyer. It should be noted that the legislation provides that the right of withdrawal may only be exercised by natural persons (consumers) acting for purposes that are unrelated to his or her business. Accordingly, the right of withdrawal may NOT be exercised by legal persons and natural persons acting for purposes related to a business. Further exceptions to the right of withdrawal apply to purchases made by retailers or persons who in any way purchase for resale to third parties. The right of withdrawal does not apply to the supply of goods which are made to measure or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly. It also states that, in the case of options trading (so-called promotions), whose purchase of an asset is combined with another product which is sold at a nominal price, or even without charge, the right of withdrawal will be legitimately exercised with the return of both the purchased goods together with the accessories offered as part of the promotion.
Art. 8 - Guarantees from Byvino S.n.c.
a) Product damaged - "Service Replacement": All Byvino S.n.c. shipments are "Guaranteed and Insured" against any breakages, tampering and accidents. In the event that one or more products were not in perfect condition because of damage suffered during transport, Byvino S.n.c. agrees to replace such products with a new supply or, if that is not possible, to refund the amount paid no later than a period of 30 days from the date of delivery and upon being informed, to be done within 3 working days, by the customer to our customer service, and this understanding that the customer on receipt / collection, IS REQUIRED to verify the integrity and quantity of goods received in the presence of the delivery nominee, questioning and reporting immediately any tampering, deformation, damage or alteration observed appended on the delivery receipt; in case of intact packaging, sign the delivery receipt (Transport Document or Waybill) ALWAYS including the words "ACCEPTED SUBJECT TO INSPECTION" in the space provided for notes, so that findings may be made later. Byvino S.n.c. reserves the right to demand that the products found to be damaged are returned at the customer’s own expense, with evidence of the damage, to Byvino S.n.c. within 15 days after delivery, and in any event, after agreement with the customer in the mode of return by the nominated Courier. Only by following the procedures outlined above will the cost of replacement and return be borne by Byvino S.n.c., and only and exclusively following the return of the goods and inspection of the same. b) Product inaccurate: Byvino S.n.c. guarantees that the products bought and sold on WWW.BYVINO.IT correspond to those described in the site. In the event that one or more products do not correspond with those ordered, Byvino S.n.c. undertakes to replace them with a new supply or, if not possible, to refund the amount paid no later than 30 days from the date of delivery, and following reporting to be done within 3 working days by the customer to our Customer Service. Products must be returned to Byvino S.n.c. in original packaging and in the same condition within 15 days after delivery, and only once agreed with the customer the manner of collection by the nominated courier. The same must be returned intact, in complete and unaltered condition, with original packaging, or packaging that in any case is likely to allow a safe shipment. Byvino S.n.c. reserves the right to replace, at its own expense, the incorrect product or refund the amount only and exclusively after the products have been returned to the location and checked. c) Reporting / Replace defective wine: In case of items that are deemed defective, the customer must, within 20 days of receipt of the order, communicate via e-mail with Byvino S.n.c. using the email address firstname.lastname@example.org, so that any problems can be immediately identified and a solution can be found together.
Art. 9 - Discount Coupons Rules
The discount codes are alphanumeric codes that are printed on the site www.byvino.it upon payment of an order, and provide an entitlement to the discount associated with the code itself, with the limitations described for each discount code.The discount codes will be distributed by Byvino S.n.c. to its customers, actual or potential, for commercial or promotional purposes, in electronic or paper form. The discount coupons may be conveyed in different ways including:
• e-mail as part of direct marketing campaigns
• by paper (coupon discount)
• using different methods including by partner companies of Byvino.
With the same manner as in the statement the alphanumeric code will always be labeled with the amount and the date of the voucher. The coupons must be used within the deadline. After that period, the discount code can no longer be used and the owner can not require replacement with another valid code. If the value of the discount code is smaller than the order, the remaining sum can be completed using the methods of payment accepted on the www.byvino.it site. The discount codes can not be combined with each other against a single purchase. The discount codes can also be used for the purchase of products already on promotion.If the discount codes are used for payments of amounts of expenditure less than their value, in this case the sum of the remaining coupon can not be credited and is deemed to be lost. Each discount code can be used for a single purchase. In no case do the discount codes entitle you to acquire the goods at a discount.To take advantage of the discount codes, on the site of www.byvino.it, you must enter the discount code, in the field, before checking out with the shopping cart. Any products for which you can not use the discount codes will be duly reported on the site www.byvino.it. Any used discount coupons will not be returned in case of cancellation of an order.
Art.10 - User Responsibility
a) Byvino S.n.c. assumes no liability for any damages resulting from use or incorrect use of the service provided by www.byvino.it. In no event will Byvino S.n.c., its representatives and its employees, be liable to the User or anyone else.
b) Byvino S.n.c. assumes no liability for errors and omissions within WWW.BYVINO.IT or any website referenced or linked.
c) Byvino S.n.c. does not warrant that the service will meet your needs.
d) Byvino S.n.c. reserves the right to continuously update the site WWW.BYVINO.IT that can be made at any time. The Information may contain typing inaccuracies or errors of any kind.
e) Byvino S.n.c. does not warrant that the services provided by WWW.BYVINO.IT will be provided without interruption, this will be stated in advance except for reasons beyond the control of Byvino S.n.c.
f) Byvino S.n.c. is the only body responsible to evaluate the accuracy, completeness and usefulness of what is provided by the site www.byvino.it.
g) Byvino S.n.c. disclaims all liability to you or any third party for any indirect, incidental, consequential, punitive or exemplary (including, without limitation, lost profits, revenues, business opportunities) arising out of or in connection with a product or service provided by Byvino S.n.c., or the use or inability to use the same.
h) Byvino S.n.c. assumes no liability for disruptions caused by force majeure such accidents, explosions, fires, strikes / lockouts, earthquakes, floods and other events that could prevent, in whole or in part, the implementation of the contract within the time agreed. Byvino S.n.c. shall not be liable to any party for any damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, since the customer is only entitled to a refund for any monies paid.
i) Except in the case of fraud or gross negligence of Byvino S.n.c., it is henceforth agreed that, in the event that it is found to have any responsibility for the same cause of action against the customer, including the case of default, in whole or in part, to obligations of the Byvino S.n.c. against the Customer as a result of the execution of an order, the responsibility of Byvino S.n.c. can not be higher than the price of products purchased by the customer and for which the dispute arose.
Art.11 - User Responsibilities
The User shall ensure that the information provided on the website is accurate, complete, current, and to communicate any amendments thereto. In the case in which they make false declarations, it is provided for the loss of the benefits obtained from the services provided. Byvino S.n.c. reserves the right to block these users from their lists of users, after a formal invitation and accepted self-correction.
Art.12 - Copyright and Trade Mark
Byvino S.n.c. ® & www.byvino.it are registered trademarks of Byvino Sn.c. in Italy and the European Community. Granted that in the pages of www.byvino.it, it is not intended to voluntarily reproduce any copyrighted material or in violation of the law; circumstances, moreover, that any original material posted on WWW.BYVINO.IT is protected and is the source, if you discovers a violation of copyrighted material, whatever the subject of the holder thereof, is required to notify the staff of byvino.it (via e-mail at email@example.com) to investigate immediately and resolved, in circumstances as established, removing such content. It should be noted that each product or product name and description, every name and description, company, body, personal names, trademarks, logos mentioned in this site are trademarks of their respective proprietors or owners and may be protected by patents and / or copyright granted or registered by the authorities. We declare that the side content on WWW.BYVINO.IT, including text, files, tables, information contained in the pages of the site, graphics, HTML, logos, button icons, images, graphics, audio- video compilation (meaning the collection, arrangement and assembly), all software, source code, application projects, formulas, algorithms, databases, etc., used in the site are to be considered exclusive property of Byvino S.n.c. or its content suppliers and products and are protected by national laws (L. 663/1941 and subsequent amendments) U.S. and international copyright, patent and those related to intellectual property and / or industrial; You may not modify, copy, distribute, transmit, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this website in no-profit . Will be particularly monitored illicit images, photos, banners, originally developed by Byvino S.n.c. in its "photo lab" and "Studio Image". Any authorization must be requested in writing via e-mail and considered accepted only with a specific consent of the directors of Byvino S.n.c., always in writing. Silence does not give rise to any authorization. Any use other than that provided by these "General Conditions of Contract of Sale of Byvino S.n.c. on www.byvino.it" including reduction, modification, distribution, transmission, reproduction, display or performance of the contents of this site is prohibited and any unauthorized use of the resources present on doyouwine.com is a violation of copyright, unless a serious offense, and exposes the person responsible for the legal consequences provided for in art. 171, 171-bis, 171-ter, 174-bis and 174-ter of law 633/1941 and subsequent amendments.
Art. 13 - Disputes
This agreement is governed by the legal system of the Replublic of Italy. Any dispute concerning this contract is to be heard by a competent court, without exception, of Mondovì.