Terms & Conditions
Comprendiamo srl Impresa Sociale, registred office in Via Ercolani 9, 40026 Imola BO (Italy), VAT number 03778441208, e-mail address email@example.com , PEC address firstname.lastname@example.org, (hereafter the "Owner" ) makes available to all Users the possibility to access and use the website www.comprendiamo.wine (hereinafter "Application" ) of its exclusive ownership, which offers an ecommerce platform for the purchase of wines (hereinafter "Products" or individually "Product" ).
Please read these terms and conditions (the "Conditions" ) carefully before using the Application. By using the Application, the User accepts the Conditions and undertakes to comply with them. Otherwise, the User cannot use the Application.
The Owner may modify or simply update the Conditions, in whole or in part. Changes and updates will be binding as soon as they are published in the Application. The User is therefore invited to view the Conditions at each access to the Application and it is advisable to print a copy for future reference.
2 Account cancellation and closure
The Owner, in the event of a breach by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or terminate the User's account at any time and without notice.
3 Purchases on the Application
The purchase of one or more Products through the Application is allowed both to Users who are consumers, and to users who do not have this quality. Pursuant to art. 3, I paragraph, lett. a) of Legislative Decree 206/2005 ( "Consumer Code" ) we remind you that persons who, in relation to the purchase of the Products, act for purposes unrelated to their entrepreneurial, commercial, professional or craft activity, may be considered consumers. The purchase of persons is only permitted on the condition that they have reached the age of eighteen. The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the Application and the actual Product may emerge. Furthermore, any photographs of the Products on the Application do not constitute a contractual element, as they are only representative. The Products, the prices and the conditions of sale of the Products, within the limits of their availability, do not constitute an offer to the public; therefore, they must always be considered as indicative and subject to an express confirmation by e-mail or by displaying the order confirmation page by the Owner, after checking the availability of the chosen Product. The User expressly assigns to the Owner the right to accept even partially the order placed (for example in the case in which there is not the availability of all the Products ordered). In this case the contract will be deemed finalized in relation to the Products actually sold. The Owner reserves the right to modify, at any time, the price of the Products and any shipping costs thereof. It is understood that any changes will not in any case affect the contracts already concluded before the change. The sales prices of the Products are inclusive of VAT; any other tax and / or shipping costs charged to the User will be indicated before confirmation of the purchase. Products can be paid for using the methods indicated on the Application at the time of purchase. The Application uses third-party tools for processing payments and does not enter in any way into contact with the payment data provided (number of credit cards, name of holders, passwords, etc.). Should these third party tools deny authorization for payment, the Owner will not be able to provide the Products and will not be liable for any delay or failure to deliver.
4 Conclusion of the contract
The Contract stipulated through the Application is considered concluded at the moment in which the User receives, via e-mail and / or through the visualization of a page of the Application, the formal confirmation of the order through which the Owner accepts the order sent by the User and informs him that he can proceed with the order. The Contract ends at the place where the registered office of the Holder is located. The Owner reserves the right to refuse an order:
1 when the Product is not available;
2 when the Owner does not receive authorization to charge the Product to the User;
3 when at the time of purchase is indicated a price obviously incorrect and recognizable as such. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
5 Until the User has received the confirmation referred to in the previous point, he has the right to proceed with the cancellation of the order by sending an e-mail to the address of the Owner, as better specified in the clause relating to the "Right of Withdrawal ".
The commercial invoice, if requested by the User, will be sent by the Owner. The user who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User which he declares and guarantees will be true, releasing to the Owner any wider indemnity in this regard will prevail.
6 Payment methods
The following payment methods are allowed:
Paypal, credit card and bank transfer.
7 Delivery methods
The Owner will deliver to the User, at the address indicated by him, the Products selected and ordered, in the way prescribed by the previous articles, by trusted couriers and / or shippers. The delivery will take place in the terms indicated in the order confirmation. Upon receipt, the User is required to verify the conformity of the product delivered to him with the order placed; only after such verification it will be necessary to proceed with the signing of the delivery documents, except of course the right of withdrawal provided for in the clause relating to the "Right of Withdrawal". The Owner assumes no responsibility for the delay or failure to deliver the goods due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, to execute the contract within the agreed time. The Owner will not be liable to any party or third parties for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the User is only entitled to a refund of the price eventually paid.
8 Right of withdrawal of material Products
The User who is a consumer who for any reason is not satisfied with the purchase of material Products has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason within the term of 30 days from the date Product Delivery. In order to withdraw from the contract, the User must contact the Owner at the e-mail address email@example.com. The User will be informed of the procedures concerning the return of the Product. In case of withdrawal, the Holder will refund the payments received by the User as well as the delivery costs without undue delay and, in any case, no later than 14 days from the day in which the User has informed the Owner that he wishes to withdraw from the Contract. The Owner will refund the User in the same payment methods used by the User for online purchase. The User must return the Products using a courier of his choice and at his own expense, without undue delay and in any case within the period of 14 days from the date on which he informed the Holder of his decision to withdraw. The User is responsible for the integrity of the Product as long as the same good is in his possession and must take all appropriate measures to preserve the Product and do everything possible so that the Product is returned in the best possible condition, including the undamaged original packaging, instruction manuals, accessories, separate items and any other component. The Product must not have been subject to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product. The Owner will not consider requests for returns in the event that the returned Product is malfunctioning due to improper use, negligence, physical, aesthetic or superficial damage or alteration, tampering or improper maintenance or wear and tear.
9 Exclusion of the right of withdrawal
The right of withdrawal is excluded in relation to:
1 supply of tailor-made or clearly personalized products;
2 supply of Products that are likely to deteriorate or expire rapidly;
3 supply of sealed products that do not lend themselves to being returned for hygienic reasons or related to health protection and have been opened after delivery;
4 supply of Products which, by delivery, are inherently mixed with other goods;
5 supply of Products or services whose price is linked to fluctuations in the financial market that the professional is not able to control and which may occur during the withdrawal period.
10 Optional form to exercise the right of withdrawal
Optionally, the User can withdraw by using the following form, which must be sent filled out in its entirety to the e-mail address firstname.lastname@example.org before the expiry of the withdrawal period: With this form, I notify you of the withdrawal from the contract of sale relating to
following goods / services: __________
Order number: _______
Ordered on: _______
Name and surname: _______
Email associated with the account from which the order was placed: ____________________
11 Guarantee of conformity
All Products that fall into the category of "consumer goods", as regulated by art. 128, 2nd paragraph of the Consumer Code, sold through the Application are covered by the legal guarantee of conformity provided for in articles 128-135 of the Consumer Code. The legal guarantee of conformity is reserved for consumers. It therefore applies only to users who have made the purchase on the Application for purposes unrelated to any business, commercial, craft or professional activity carried out. To those who have purchased on the Application and who do not cover the quality of consumers, the guarantees will be applied for the defects of the thing sold, the guarantee for defects of promised and essential quality and the other guarantees provided by the civil code with the relative terms, forfeitures and limitations (artt.1490 and ss. cc). The lack of conformity that occurs within 24 months from the date of purchase of the Product must be reported within 2 months following the date of discovery of the defect. Unless there is evidence to the contrary, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After six months, the User must provide proof that the damage was not caused by incorrect or improper use of the Product. Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to restore conformity of the goods, without charge. To this end, the User can normally choose between repairing the Product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively expensive. Furthermore, the User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively burdensome; ii) the Owner has not repaired or replaced within a reasonable period; iii) the replacement or repair has caused considerable inconvenience to the consumer. If the User intends to take advantage of the remedies provided by the legal guarantee accompanying the Products, he must contact the Owner at the e-mail address email@example.com . The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to be followed, also taking into account the product category to which the Product belongs and / or the defect reported.
12 Industrial and Intellectual Property Rights
The Data Controller declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the materials and content available on the Application. The User may use the Application and the materials and contents therein only for personal and non-commercial use. These Conditions do not grant the User any license to use the Application and / or individual contents and / or materials available therein. Any other use or reproduction of the Application or of the materials or contents therein is strictly prohibited. All trademarks, figurative or nominative and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos that appear in the Application are and remain the exclusive property of the Owner or its licensees and are protected by the laws in force on trademarks and by the relative international treaties Any reproductions in any form of the explanatory texts and the contents of the Application, if not authorized, will be considered violations of the intellectual and industrial property right of the Owner.
13 Warranty Exclusion
The Application is provided "as is" and "as is available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the Users' needs or that it will not have never interrupt or be error free or that will be free of viruses or bugs. The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly unrelated to the owner's will or due to force majeure events.
14 Limitation of Liability
The User undertakes to indemnify and hold harmless the Owner (as well as any company controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including the any legal costs incurred to defend oneself in court, which may arise in the event of damage caused to other Users or third parties, in relation to the Uploaded Content, the violation of the terms of the law or the terms of these Conditions. Therefore, the Owner will not be responsible for:
1 any losses that are not a direct result of the breach of the Contract by the Owner;
3 damages or losses deriving from interruptions or malfunctions of the Application due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and unrelated to the Controller's sphere of control such as, by way of example and not exhaustive , breakdowns or interruptions to telephone or electrical lines, to the Internet and / or to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of third-party products, services or applications set off;
4 incorrect or unsuitable use of the Application by Users or third parties;
5 the issuance of incorrect tax documents due to errors in the data supplied by the user, the latter being solely responsible for the correct entry.
In no case the limit of liability of the Owner may be greater than twice the cost paid by the user for the service used.
15 Connection to third-party sites
The Application may contain links to third party sites. The owner has no control over them and, therefore, is in no way responsible for the contents of these sites. Some of these links may link to third party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by the third parties will be applied to the individual services, with respect to which the Owner assumes no responsibility.
16 Force majeure
The Data Controller cannot be held responsible for the failure or late fulfillment of its obligations herein, for circumstances beyond the reasonable and foreseeable control of the Data Controller. The fulfillment of the obligations by the Owner pursuant to these Conditions will be considered suspended for the period in which the Force Majeure Events occur. The Holder will perform any act in his power in order to find solutions that allow the proper fulfillment of his obligations despite the persistence of Force Majeure Events.
No waiver by either party of an article of these Terms will be effective unless it is expressly declared to be a waiver and is communicated in writing.
18 Invalidity of individual clauses
If any provision of these Terms is illegal or invalid, it will not be considered as part of the General Conditions and this will not affect the remaining provisions that will continue to be valid to the maximum extent permitted by law.
The Owner reserves the right to modify, at any time, these Conditions by giving specific notice on the Application. The User acknowledges and agrees that any changes to these Terms will apply to orders sent by Users after the date of notification of modification of the Conditions.
21 Applicable law and competent court
These Conditions and all disputes regarding the execution, interpretation and validity of this contract are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is based. If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the right of the user -consumer to appeal to a different judge from that of the "forum of the consumer" ex art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria of the articles 18, 19 and 20 of the civil procedural code.
22 Online dispute resolution for consumers
The consumer residing 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 the European consumer to resolve non-judicially any dispute relating to and / or arising from contracts for the sale of goods and services entered into on the net. Consequently, the European consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/
Comprendiamo srl Impresa sociale welcomes the ethical code of the Italian Association of Electronic Commerce (AICEL) available at the following link: https://www.aicel.org/codice-etico-dei-merchant-aicel