Terms of use
TERMS AND CONDITIONS
GENERAL CONDITIONS OF SALE
These General Conditions of Sale regulate the sale and purchase of products carried out remotely, via the Internet, 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 Company Register at no. PD-433601 , e-mail address info@essemmewine.it
DEFINITIONS AND SCOPE OF APPLICATION
“USER”: the person who accesses the Site and makes the purchase of the Products
“RECIPIENT”: the Subject, who may or may not coincide with the User, who receives delivery of the Products
“CONSUMER”: the Subject who meets the conditions set out in art. 3, paragraph 1, letter a) of the Consumer Code, or a natural person who makes the purchase for purposes other than professional activity
“PRODUCTS”: bottles of wine and other alcoholic beverages 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 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 art. 12, 3rd paragraph of Legislative Decree 70/2003, before proceeding with any purchase. The forwarding of the purchase order implies their full knowledge and acceptance.
PRODUCTS
3.1 www.essemmewine.it (hereinafter “Site”) is an online sales site for wine and other alcoholic beverages (hereinafter, “Products”);
3.2 All the Products offered are illustrated in detail on the Site, within the respective sections, divided into 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, by EssemmeWine, regarding the exact correspondence of the image depicted on the Site with the real 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 of 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.
SITE REGISTRATION
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 the registration credentials.
PURCHASE PROCEDURE
5.1 The User may 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 in 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/she 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 he/she intends to purchase, adding or eliminating one or more Products from the Cart;
5.3 Once the User has selected all the items he/she intends to purchase in the appropriate “Shopping Cart”, he/she can submit the order. At this point, a summary page of the selected products, their price and shipping costs will appear. The User will then 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 confirming receipt of the order ("Order Receipt").
Order Receipt does not constitute acceptance of the purchase proposal; by sending Order Receipt, in fact, EssemmeWine only confirms that it has received the order and has submitted it to a data verification process and the availability of the requested products;
6.2 The conclusion of the contract will take place only when EssemmeWine sends the User a separate email to the address provided for acceptance of the purchase proposal ("Shipping Confirmation"). The message will reiterate, in addition to the information required by law, all the data entered, in relation to which the User undertakes to verify their correctness and to promptly communicate any corrections.
Should the User require further information, he/she may contact EssemmeWine by writing or calling the contact details found in the “contacts” section of the website.
6.3 The User may request the 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 In any case, the right of withdrawal remains unaffected under the terms and conditions set out in the following art.11.
6.5 Occasional unavailability of the Products offered may occur; in this case, if the Products you have chosen are not, in whole or in part, available, the Customer Service will contact the User by email, who may decide to cancel the order, wait for the Product/s to 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 provide sufficient guarantees of solvency if - following comparison with the circuit that manages credit card payments - anomalies are found in the transactions and means of payment used; in this case the User will be promptly notified by email.
PRODUCT PRICES
7.1 All Product prices are expressed in Euros (€) and clearly indicated on the Site in compliance with 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, it being understood that the price charged to the User will be the one published on the information sheet illustrating the main characteristics of the Product (Product Sheet) at the time the order is sent. Any variations (increases or decreases) in price subsequent to the transmission of the order will not be taken into account;
7.3 Shipping costs are only within national territory, with a fixed cost adequately highlighted at the time of ordering (Euro 7.95 for orders up to 59.99 Euro and FREE for orders over 60.00 Euro);
BILLING AND PAYMENT METHODS
8.1 By placing an order on the Site, the User agrees to receive the invoice, if requested, only in electronic format, which can be printed and archived as the original. For the issuing of the invoice, the information provided for this purpose by the User will be used, who declares and guarantees that it is true, undertaking to indemnify and hold Essemme Wine harmless from any damage, including sanctions issued by the competent authorities, that may arise in the event of the information not being true;
8.2 In the event that one of these payment methods/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 may 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 the payment by credit card, he/she can use the payment procedure with PayPal, suitable to ensure the confidentiality of the data provided. Payments with PayPal require only an authorization or a reservation of the money without actual debit at the time the order is placed.
- The payment will be actually charged only when the Products are delivered to the courier in charge of shipping. For any information and further Legal Agreements, EssemmeWine invites the User to consult the site www.paypal.com.
- If you buy with Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be assigned to Incremento SPV Srl, related parties and their assignees, and that you authorize such assignment.
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. The delivery of the Products will be carried out by courier, and the times will vary depending on the destination. The terms indicated at the time of the purchase order are indicative;
9.2 Essemme Wine delivers to all countries indicated on the Site and delivery will take place without an appointment;
9.3 As soon as the package is handed over 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 tracking 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 at the time of the online order. Any specific needs must be reported to EssemmeWine.
In the event of non-delivery due to the recipient's absence, at the address indicated in the order, the courier will leave a notice and 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 next 10 days or in the event of further impossibility of delivery due to the recipient's absence, the Products in the order will be returned to EssemmeWine. In this case, the User will have the right, for one year, starting from the date of the order, to obtain a bonus equal to the value of the order net of shipping costs, to spend 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 Furthermore, Essemme Wine cannot be held liable for any reason whatsoever in the event of a delay in processing the order or in the delivery of 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 EssemmeWine, will give the latter the right to split, postpone or cancel, in whole or in part, the expected delivery, or to terminate the Purchase Agreement. In such cases, EssemmeWine will provide timely and adequate communication of its decisions to the email address indicated by the User, who will have the right 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 recipient, or a third party designated by the recipient and other than the courier, physically takes possession of the Product.
Therefore, the User/Recipient of the Products, at the time of delivery by the courier, must carefully check:
- a) That the tamper-proof label is intact and the packaging is not damaged or altered in any way.
- b) That the number of pieces delivered corresponds to that 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, ...). In fact, the receipt of the Products without reservations 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 fraud or gross negligence of the courier himself 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 discovered 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 the legal guarantee of conformity remains unchanged.
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 the legislation in force for the protection of consumers, Legislative Decree 206/2005 and subsequent additions and amendments, and therefore only where the User qualifies as a Consumer, 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 goods. If the User has appointed a trusted person to collect the goods, 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/she must notify us via email to info@essemmewine.it, indicating the order number and which/how many products he/she intends to return;
11.3 In order to validly exercise the right of withdrawal, the relevant communication must be sent within the 14-day period (the date of delivery to the post office will be valid between the Parties).
EFFECTS OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL AND RETURN
12.1 Where the User exercises the right of withdrawal, he/she must return the product/products to EssemmeWine within 30 days from the day on which he/she communicated the withdrawal.
The returned product must be accompanied by a copy of the electronic receipt of the order. The User will be held responsible only for the decrease in value of the goods resulting from handling of the Product other than that necessary to recognize the Product with certainty. The Product must in any case be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the Product, intact and not tampered with, as well as free from 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 autonomous 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 re-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 refunded following the withdrawal will be calculated proportionally to the value of the goods subject to withdrawal). This operation will be carried out with credit on the same means of payment used by the User for the purchase or through the means possibly agreed between the Parties;
12.3 The refund of the sums in favour of the User is free of charge and is carried out as quickly as possible, and in any case within 1 day from the date on which Essemme Wine comes into possession of the Products, verifying their integrity in all their parts, their lack of use and their 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 entail the termination of the contract and, consequently, will not give the right to any refund. Essemme Wine will notify the User, rejecting the request for withdrawal. The Product, if already received by Essemme Wine, will remain at the same available for collection which must be carried out at the User's expense and care.
12.5 Unsealed/opened/partially used/custom-made or clearly personalized Products are not refundable in any way pursuant to art. 59 of the Consumer Code.
WARRANTY OF CONFORMITY AND DEFECTIVE PRODUCTS
13.1 All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of Legislative Decree no. 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 other than 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 lack of promised and essential quality and the other guarantees provided for by the Italian Civil Code with the related terms, forfeitures and limitations will be applied to the User;
13.2 EssemmeWine guarantees compliance with all regulations regarding the conservation of the products until the moment of delivery to the place indicated in the order. Any defects or faults 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 with what is provided in the indications/instructions contained in the information for use of the product itself, including those relating to the time and method of conservation of the product, are excluded from the scope of the Legal Guarantee;
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 change or update information at any time without prior notice.
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 assets protected by international laws and conventions on intellectual property and industrial property, reproduced on the Site, are the exclusive property of EssemmeWine and/or its licensors, without access to the Site and/or the stipulation of Purchase Contracts deriving any right to the User over the same. Any use, even partial, of the same is prohibited without the prior written authorization of Essemme Wine, in favor of which all related rights are reserved exclusively.
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 terms are required by 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 shall not 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 in the event of willful misconduct or gross negligence, when these constitute an immediate and direct consequence of its activity.
Therefore, by way of example and not limited to, EssemmeWine will not be responsible for:
-any losses which are not an immediate and direct consequence of the breach of the Contract by EssemmeWine and which were not foreseeable at the time of conclusion of the contract;
- any loss of business 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 anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of www.essemmewine.it due to force majeure events 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 limited to, failures or interruptions to telephone or electrical lines, to the Internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications;
- incorrect or unsuitable use of www.essemmewine.it by Users or Third Parties;
-contractual or extra-contractual liability for direct or indirect damages to persons and/or things caused by the failure to accept or fulfill, even partially, an order.
17.2 EssemmeWine's liability, in any case, may not exceed the total value of the purchase order.
SERVICE INTERRUPTION
18.1 To ensure that the User enjoys the best possible use of the Service, EssemmeWine reserves the right to interrupt the Service for maintenance or system update needs, informing Users through constant updates on www.essemmewine.it.
WAIVER
19.1 In the event of non-compliance by the User with these General Conditions of Sale, the failure by EssemmeWine to exercise the right to take action against the User does not represent a waiver to act for the violation of commitments undertaken.
COMPLAINTS
20.1 For any complaint or clarification, the User must write to the email address info@essemmewine.it. The User will then be contacted for clarification approximately within 3 (three) working days from 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 to those who are 18 years of age or older;
21.2 The User who is not an Italian citizen can purchase Products on the Site only if he/she is of legal age according to his/her national law. Where there is no legislation in this regard, it is necessary to 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 own national law regarding purchase limits for reasons of age.
APPLICABLE LAW AND JURISDICTION
22.1 The sales contract between the User and EssemmeWine is deemed 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 Court of reference of the municipality of residence or elected domicile, if located in Italian territory, 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
Elsa Minozzi Square 1/2
35010 – San Giorgio delle Pertiche (PD)
VAT: 04982170286
Owner's email address: info@essemmewine.it
Pursuant to articles 1341 and 1342, the User declares to have carefully read and 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
