Terms of use

TERMS AND CONDITIONS


GENERAL CONDITIONS OF SALE


These General Conditions of Sale govern the sale and purchase of products carried out remotely, via electronic network, on the website www.essemmewine.it .
The products on the Site are offered and sold by EssemmeWine, with registered office in Piazzetta Elsa Minozzi 1/2 35010 – San Giorgio delle Pertiche (PD), VAT number: 04982170286, registered in the Companies Register at no. PD-433601 , e-mail address info@essemmewine.it


DEFINITIONS AND SCOPE OF APPLICATION


“USER”: the Person who accesses the Site and purchases the Products


“RECIPIENT”: the Subject, who may or may not coincide with the User, who receives delivery of the Products


“CONSUMER”: the Person who meets the conditions referred to in the art. 3, paragraph 1, letter. a) of the Consumer Code, or a natural person who makes the purchase for purposes unrelated to professional activity


“PRODUCTS”: bottles of wine and other alcohol present on the Site


All purchases of Products made through the Site are governed by these General Conditions as well as by the Italian Consumer Code (Legislative Decree no. 206/2005), where applicable, and by the Italian regulations on electronic commerce (Legislative Decree 70/2003), which implemented Community Directive no. 2000/31/EC.


ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE


The User is required to carefully read these General Conditions of Sale, which EssemmeWine makes available to him also in order to allow their reproduction and storage in compliance with the provisions of the art. 12, 3rd paragraph of the Legislative Decree. 70/2003, before proceeding with any purchase. The forwarding of the purchase order in fact implies their full knowledge and acceptance.


PRODUCTS


3.1 www.essemmewine.it (hereinafter “Site”) is an online sales site for wine and other spirits (hereinafter “Products”);


3.2 All the Products offered are illustrated in detail on the Site, within the respective sections, distinguished by Product categories in compliance with the provisions of the Consumer Code;


3.3 The visual representation of the Products on the Site, where available, has an indicative value and normally corresponds to the photographic image of the Products themselves and has the purpose of presenting them for sale, without any guarantee or commitment on the part of EssemmeWine, regarding the exact correspondence of the image depicted on the Site with the actual Product; this, with particular regard to the chromatic aspects of the Products and/or packaging. In the event of a difference between the image and the written product sheet, the description on the product sheet always prevails.


3.4 The publication of the Products displayed on the Site constitutes an invitation to formulate a contractual purchase proposal.


REGISTRATION ON THE SITE


4.1 The purchase of Products on the Site is permitted only to registered Users;


4.2 The registration credentials must be used exclusively by the User and cannot be transferred to third parties. The User therefore undertakes to keep them secret and to ensure that no one has access to them, as well as to inform Essemme Wine without delay in the event of suspected improper use and/or disclosure of the same. The User also guarantees that the personal information provided during the registration procedure on the Site is complete and truthful;


4.3 EssemmeWine cannot in any way be held responsible for any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the User of the rules on registration on the Site or on the conservation of registration credentials.


PURCHASE PROCEDURE


5.1 The User can purchase the Products present in the electronic catalogue, illustrated in detail on the Site within the respective sections by product category, as described in the relevant information sheets contained on the Site, respecting the technical access procedures illustrated therein;


5.2 If the User needs to modify the purchase order or to modify some data contained therein, he must follow the specific modification procedure contained on the Site. In particular, the User will have the right to modify the quantity of the Products who intends to purchase, adding or deleting one or more Products from the Cart;


5.3 Once the User has selected all the items he intends to purchase in the appropriate "Cart", he can submit the order. At this point, a summary page of the selected products, their price and shipping costs will appear. You will therefore be asked to choose the preferred solution for the payment method;
To submit the order, the User must click the appropriate button; from that moment, the order will be considered as a contractual purchase proposal addressed to Essemme Wine for the products listed, each considered individually and will entail the complete and integral acceptance of these General Conditions.


CONCLUSION OF THE CONTRACT


6.1 Upon receipt of the order, EssemmeWine will automatically send the User a message accepting the order ("Order Receipt").
Receipt of the Order does not constitute acceptance of the purchase proposal; by sending the Order Receipt, in fact, EssemmeWine only confirms that it has received the order and that it has subjected it to a process of data verification and availability of the requested products;


6.2 The conclusion of the contract will take place only when EssemmeWine sends the User a separate e-mail to the address provided accepting the purchase proposal ("Shipping Confirmation"). The message will present, in addition to the information required by law, all the data entered, in relation to which the User undertakes to verify its correctness and promptly communicate any possible corrections.
Should the User need further information, they can contact EssemmeWine by writing or calling the contact details that they will find in the "contacts" section of the site.


6.3 The User may request cancellation of the order by sending a request to the email info@essemmewine.it before receiving the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case no cost will be charged to the User.


6.4 However, the right of withdrawal is without prejudice to the terms and conditions set out in the following art.11.


6.5 There may be occasional unavailability of the Products offered; in this case, if the Products you have chosen are not, in whole or in part, available, Customer Service will contact the User via e-mail, who may decide to cancel the order, wait for the Product/s become available again or receive only the available Products.


6.6 EssemmeWine reserves the right not to accept purchase proposals and cancel orders that do not give sufficient guarantees of solvency if - following a comparison with the circuit that manages credit card payments - anomalies are found in the transactions and in the payment methods used ; in this case the User will be promptly notified by e-mail.


PRODUCT PRICES


7.1 All prices of the Products are expressed in Euros (€) and clearly indicated on the Site in accordance with the art. 13 et seq. of the Consumer Code and are inclusive of VAT;


7.2 The price of the Products may be modified by Essemme Wine at any time, without notice, without prejudice to the fact that the price charged to the User will be that published on the information sheet which illustrates the main characteristics of the Product (Product Sheet) at the time of sending the 'order. Any changes (increasing or decreasing) in price subsequent to the transmission of the order will not be taken into account;


7.3 Shipping costs occur only within the national territory, with a fixed cost adequately highlighted at the time of the order (7.95 Euros for orders up to 59.99 Euros and FREE for orders over 60.00 Euros);


BILLING AND PAYMENT METHODS


8.1 By placing an order on the Site, the User gives consent to receive the invoice, if requested, only in electronic format, which he or she can print and archive as the original. For the issuing of the invoice, the information provided for this purpose by the User will be considered as valid, who declares and guarantees to be truthful, undertaking to hold Essemme Wine harmless and indemnified from any damage, including sanctions issued by the competent authorities, which may derive from it in the event of their failure to correspond to the truth;


8.2 In the event that one of these payment means/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure;


8.3 The User can make the payment due by choosing one of the following methods listed:
- Payment by credit card: In the event that the User intends to make payment by credit card, he can use the payment procedure with PayPal, suitable to ensure the confidentiality of the data provided. Payments with PayPal only require authorization or a reservation of the money without actual charge when the order is placed.
- Payment will actually be charged only when the Products are delivered to the courier responsible for shipping. For any information and further Legal Agreements, EssemmeWine invites the User to consult the website www.paypal.com.

- If you buy with Afterpay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV Srl, related parties and their transferees, and that you authorize such transfer.


DELIVERY OF PRODUCTS


9.1 EssemmeWine undertakes to deliver the Products without undue delay and in any case no later than thirty days from the conclusion of the contract. Delivery of the Products will be carried out by courier, and times will vary depending on the destination. The terms indicated at the time of the purchase order are in any case indicative;


9.2 Essemme Wine delivers to all the countries indicated on the Site and delivery will take place without an appointment;


9.3 As soon as the package is delivered to the courier, its electronic tracking will begin and the day of arrival will be estimated. the User will be able to follow the progress of the delivery by accessing the courier's monitoring page, via the link that will be sent to the address provided. In the event that the order is processed through multiple shipments, the User may receive separate Shipping Confirmations;


9.4 The Products ordered on www.essemmewine.it are delivered from Monday to Friday from 8:00 to 20:00, excluding national holidays, according to the methods indicated by the courier;


9.5 Delivery will take place at the address specified by the User when ordering online. Any specific needs must be communicated to EssemmeWine.
In the event of non-delivery due to the absence of the recipient, the courier will leave a notice at the address indicated in the order and will try again a second time; if the recipient is still absent, Customer Service will attempt to contact the User to schedule a further delivery. In the event that Customer Service is unable to contact the User for the following 10 days or in the event of further impossibility of delivery due to the absence of the recipient, the Products covered by the order will be returned to EssemmeWine. In this case, the User will have the right, for one year, starting from the order date, to obtain a bonus equal to the value of the order net of shipping costs, to be spent on the Site;


9.6 EssemmeWine cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User;


9.7 No responsibility, for any reason, can be charged to Essemme Wine in the event of a delay in processing the order or in delivering the Products covered by the Purchase Contracts;


9.8 Cases of force majeure, unavailability of means of transport, pandemics, as well as unforeseeable or unavoidable events that cause a delay in deliveries or make deliveries difficult or impossible or cause a significant increase in the cost of delivery to be borne by EssemmeWine, will give the right to the same to split, postpone or cancel, in whole or in part, the expected delivery, or to terminate the Purchase Contract. In such cases, EssemmeWine will be responsible for providing timely and adequate communication of its decisions to the e-mail address indicated by the User, who will be entitled to a refund of any price already paid, excluding any further claim, for any reason, against EssemmeWine;


9.9 The risk of loss or damage to the Products, for reasons not attributable to EssemmeWine, is transferred to the recipient of the goods when the same, or a third party designated by the same and other than the courier, physically comes into possession of the Product.

Therefore, the User/Recipient of the Products, at the time of delivery by the courier, must scrupulously check:

  1. a) That the anti-theft label is intact and the packaging is not damaged or otherwise altered.
  2. b) That the number of pieces delivered corresponds to what is indicated in the transport document.

The User/Recipient of the Products is required to indicate any anomalies on the courier's transport document, accepting the package with RESERVATION (e.g. damaged package, wet package, ...). The unreserved receipt of the Products, in fact, will not allow the User to take legal action against the courier and/or Essemme Wine, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that, in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt.
In the event that the package shows obvious signs of tampering or alteration, the recipient must promptly notify Essemme Wine Customer Service.
In any case, the application of the rules regarding the right of withdrawal and legal guarantee of conformity remains unchanged.

Our customers will be refunded 100% in the event of damage or breakage to the contents, or alternatively, where possible, the goods damaged during transport will be re-sent.

RETENTION OF TITLE


The Products will remain the property of EssemmeWine until the User has paid the Total Amount Due.


RIGHT OF WITHDRAWAL


11.1 Pursuant to current consumer protection legislation, Legislative Decree 206/2005 and subsequent additions and amendments, and therefore only where they are qualified as Consumers, the User has the right to withdraw from the order placed, without having to provide any reason and without penalty, within 14 days from the day of receipt of the purchased good. If the User has appointed a trusted person to collect the product, the right of withdrawal starts from the day of delivery of the product to the designated person, other than the courier;


11.2 If the User decides to exercise the right of withdrawal, he must communicate this via email to info@essemmewine.it, indicating the order number and which/how many products he intends to return;




11.3 In order to validly exercise the right of withdrawal, it is necessary that the relevant communication is sent within the 14 day period (the date of delivery to the post office will prevail between the Parties).


EFFECTS OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL and RETURN


12.1 Where the User avails himself of the right of withdrawal, he must return the product/products to EssemmeWine within 14 days from the day on which he communicated the withdrawal.
A copy of the electronic order receipt must be attached to the returned product. The User will be held responsible solely for the decrease in the value of the goods resulting from handling the Product other than that necessary to recognize the Product with certainty. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all accessories present, still attached to the Product, intact and not tampered with, as well as free of signs of wear. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute independent Products) of the Product.


12.2 If the right of withdrawal has been exercised in accordance with the provisions contained in clauses 11 and 12, EssemmeWine will refund the User all sums paid, except for the costs of returning the product, which are the sole responsibility of the User. In particular, EssemmeWine will proceed free of charge with the transmission of the credit order relating to the cost of the goods shipped including shipping costs (in the case of partial withdrawal, the amount of delivery costs to be returned following the withdrawal will be calculated proportionally with respect to to the value of the goods subject to withdrawal). This operation will be carried out by crediting the same payment method used by the User for the purchase or by any means agreed between the Parties;


12.3 The reimbursement of the sums in favor of the User is free and is carried out in the shortest possible time, and in any case within 14 days from the date on which Essemme Wine comes into possession of the Products, verifying their integrity in all their parts, the lack of use and return in the original packaging;


12.4 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund. Essemme Wine will communicate this to the User, rejecting the withdrawal request. The Product, if already received by Essemme Wine, will remain available for collection which must be carried out at the User's expense.


12.5 They are not refundable in any way pursuant to art. 59 Consumer Code unsealed/opened/partially used/custom-packaged or clearly personalized Products.


GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS


13.1 All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by the articles. 128-135 of Legislative Decree n. 128-135 of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for consumers. It, therefore, applies only where the User has made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
Where the User has purchased on the Site but does not have the status of consumer, the guarantee for defects in the item sold, the guarantee for defects in promised and essential qualities and the other guarantees provided for by the Italian Civil Code with the relevant terms, forfeitures and limitations;


13.2 EssemmeWine guarantees compliance with all rules regarding the conservation of products until delivery to the place indicated in the order. Excluded from the scope of the Legal Guarantee are any defects or vices caused by accidental events or by the responsibility of the User/recipient or by use of the product that does not comply with its intended use and/or as provided in the indications/instructions contained in the information on the use of the product itself, including that relating to the time and method of conservation of the product;


ERRORS


14.1 The information relating to the Products provided through the Site is constantly updated; however, it is not possible to guarantee the complete absence of errors.
EssemmeWine reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notification.


INTELLECTUAL PROPERTY RIGHTS


15.1 All trademarks (registered or not), as well as any and all intellectual works, distinctive signs or names, images, photographs, written or graphic texts and, more generally, any other intangible asset protected by laws and international conventions in matters of intellectual property and industrial property, reproduced on the Site, are the exclusive property of EssemmeWine and/or its licensors, without any rights deriving from the access to the Site and/or the stipulation of the Purchase Contracts to the User. on the same. Any use, even partial, of the same is prohibited without the prior written authorization of Essemme Wine, in whose favor all related rights are exclusively reserved.


CHANGES TO THE GENERAL CONDITIONS OF SALE


16.1 EssemmeWine may modify, at any time and without notice, the content of the General Conditions;


16.2 The User will be subject to the policies and terms of the General Conditions of Sale in force from time to time at the time in which he places the order for the Products, unless any changes to such policies and such terms are required by the Applicable Law or by the Competent authorities (in which case, they will also apply to orders that the User has previously placed);


16.3 If any provision of these conditions is held to be invalid, void or for any reason unenforceable, such condition will not in any case affect the validity and effectiveness of the other provisions.


LIMITATIONS OF LIABILITY


17.1 EssemmeWine, within the limits of applicable law, is liable for damages of a contractual nature towards the User and Third Parties exclusively by way of willful misconduct or gross negligence, when these constitute an immediate and direct consequence of its activity.
Therefore, by way of example and not exhaustively, EssemmeWine will not be responsible for:
-any losses that are not an immediate and direct consequence of the violation of the Contract by EssemmeWine and which were not foreseeable at the time of conclusion of the contract;
- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User and/or the Recipient (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 value of goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of www.essemmewine.it 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 EssemmeWine such as, by way of example and not exhaustive, 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 supply of products, services or third-party applications;
- incorrect or unsuitable use of www.essemmewine.it by Users or Third Parties;
-contractual or non-contractual liability for direct or indirect damage to people and/or things caused by non-acceptance or fulfillment, even partial, of an order.


17.2 EssemmeWine's liability, in any case, cannot exceed the total value of the purchase order.


INTERRUPTION OF SERVICE


18.1 To guarantee the User the best possible use of the Service, EssemmeWine reserves the right to interrupt the Service due to the need for maintenance or updating of the system, informing the Users through constant updates in this regard on www.essemmewine.it.


WAIVER


19.1 In the event of failure by the User to comply with these General Conditions of Sale, EssemmeWine's failure to exercise the right to act against him does not represent a waiver of action for the violation of undertaken commitments.


COMPLAINTS


20.1 For any complaints or clarifications, the User must write to the e-mail address info@essemmewine.it. The User will therefore be contacted for clarifications approximately within 3 (three) working days of the request.


MINORS


21.1 EssemmeWine promotes the responsible consumption of alcohol; therefore, with reference to Italian citizens, sales on the Site are reserved only for those who are at least 18 years old;


21.2 The User who is not an Italian citizen can purchase Products on the Site only if he is of age under his national law. Where there is no Legislation in this regard, you must be at least 21 years old;


21.3 In any case, the User who makes purchases on the Site undertakes to indemnify Essemme Wine from any liability in the event that he has made purchases on the Site without respecting his national law regarding purchase limits for reasons of age.


APPLICABLE LAW AND JURISDICTION


22.1 The sales contract between the User and EssemmeWine is intended to be concluded in Italy and regulated by Italian law.


22.2 For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, where the User is a Consumer, the territorial jurisdiction is that of the reference court of the municipality of residence or elective domicile, if located in the territory Italian, of the same.


22.3 In all other cases, including the case in which the User's residence or domicile is not located in Italian territory, the territorial jurisdiction is exclusively that of the Court of Turin.


CONTACTS


EssemmeWine


Piazzetta Elsa Minozzi 1/2

35010 – San Giorgio delle Pertiche (PD)


VAT number: 04982170286


Owner's email address: info@essemmewine.it


Pursuant to the articles. 1341 and 1342, the User declares to have carefully read and to expressly accept, in particular, the following clauses of the General Conditions of Sale:


  • DELIVERY OF PRODUCTS
  • RIGHT OF WITHDRAWAL
  • EFFECTS OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL and RETURN
  • CHANGES TO THE GENERAL CONDITIONS OF SALE
  • LIMITATIONS OF LIABILITY
  • APPLICABLE LAW AND JURISDICTION
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