1.
INFORMATION FOR THE CONSUMERS IN
CONTRACT MATTER AT A DICTANCE.
1.1 The present conditions on line general term of the
service regulate the relationships between Wine Diffusion, supplier of
the service, with legal situs in via Corradini 33-36016 Thiene,(of called
continuation "Wine Diffusion") and the continuation customers (call to
you " Customer ") of the services offers on the situated present. Every customer,
is that she acquires a good (of called continuation "Purchaser") it is that sale
(of called continuation participates to one "Bidder"),it is engages to adhere
itself to the following conditions general term.
1.2 Accepting the present Conditions it only generales term the User will be
able to approach the service offered from Wine Diffusion.
1.3 The present agreement will be in vigor between the parts from the date of
demand for the User service to indefinite time and more specifically in carried
out occasion than each offered sale and of each User, just name or on behalf of
thirds party, but the User right of recent and renouncing to use of the service.
The recess from the User part will be able to happen in every moment and with
immediate effect, but dealings demanded in course to the which the User
participates which Bidder/Applicant on line, in the which case the recess from
the Service will be valid only to the result term, knows eventual the obligation
in any case to you that derived the User from the same result. To 5 senses of
the article codicil 4 of the D.legisl. 22/5/1999, n. 185, the recess right
practices with to send of one written communication at the address of Wine
Diffusion in Via Corradini 33-36016 Thiene Vicenza Italy, by means of
letter registered letter with reception warning. The communication can be sended
also by means of telegram, fax, email, to give up Wine Diffusion to the
condition that is confirmed by means of letter registered letter in the 48
following hours.
1.4 Wine Diffusion will be able to recedere from the offered Service of
the User anytime to leave from the first day of following calendar to the demand
for the same service of, by means of communication sended by supplied email to
the User at the address and with effect from the first following day to the date
of such warning.
1.5 Wine Diffusion reserves the right to vary the characteristics of the
service that is the present Conditions general term anytime, giving of at he
User communication through email with consistent advance payment. Only later on
to a renewed acceptance of the new conditions, the User will be able to have
approached the services offers from Wine Diffusion on line.
1.6 In case recorded the User has become responsible of a serious inadvertence
of the present Conditions generales term of the service, Wine Diffusion reserves the right, without some penalty and by means of communication sended
supplied by email at the address to the User and with immediate effect from the
date of such warning, to suspend or to close the relationship with the User and
to refuse for the future not the access to all or leaves of the services. Wine
Diffusion will be able in any case to consider resolved of right the
relationship with the User, interrupting the service, in the case of violation
of following articles:
3.d (false or incomplete information),
5.b (impossibility to the revoke of the offer, guarantees and availability),
5.c (disturbing, sale of illicit assets).
1.7 Eventual claims on the operation of the service could be send to you by
email to info@winediffon.it and, by regular mail, to Wine Diffusion via Corradini 33,36016 Thiene Vicenza Italy.
2. THE SERVICE OFFERED FROM WINE DIFFUSION.
2,1 Wine Diffusion does not organize neither realizes sales put up for
auction, but it is proposed to offer a twofold order of services:
A) Sale and advising on linens: by email, information general term, wine or
objects of property of Customers or of Wine same from Wine Diffusion, exposed with a synthetic description or from a photography, are puttinges in
sale to a determined not susceptible price of variation, expenses for the
shipment and the times can vary to second of the origin of the offer (Italy or
Foreign) and to its relative destination of delivery. Who thinks it, can carry
out the purchase anytime. The payment, will have to happen in advance through
the methodology described in situated for the entire of its amount. The sale of
Advising by email is of 5.00 euro and comprises a maximum of 4 ask a questions,
The User is held to the saying regulation amount in advance through the
methodology described in situated for the entire the its amount. For the
delivery of the goods carried out from other Customers, Wine Diffusion does not think responsible of eventual breaches or damages caused from thirds
party and brings you to the same goods during the shipment way, in how much
thinks the service only intermediation. Upon request of the Customer it is
possible to consult the course on line through shipment of a password, that it
will be assigned to the Customer not as soon as executed the such payment for
services(follow the passages on line). Always upon request, as far as the
services on line, and only after that Wine Diffusion chip axes from the
User proposal, the payment will be able to happen also through mark mails them
or banking discount, while for the delivery of the goods/objects/food, could be
carried out at the moment of the delivery with eventual additional expenses of
the service.
B) Intermediation: Wine Diffusion thinks the intermediation the really
news aspect of the offered service. With this new service, Wine Diffusion is proposed
to render to all those who possible, interested, will think to have use of the
service, to carry out purchases or sales on proposed linens of goods from thirds
party. Wine Diffusion is not responsible of eventual wrong information
supplied from the customers to the situated one, exposes a selection of objects
that have been supplied from the customers indicating the amount the asking
price and one synthetic description of the product with to an eventual sended
photographic image. For the intermediation of a whichever purchase or sale, Wine
Diffusion will demand a commission of (10%) arrange on the value of the
purchase of the goods is for the Bidder that for the purchaser and to issue upon
request to regulate invoice for the minimal amount of € 50.00 for the object and
of € 200.00 for the beverage, other expenses like
shipment and pakaging are added, in these cases the times of delivery can be varied to second of the origin
of shipment of the goods. To the aim to guarantee the maximum clarity and to
avoid every risen of misunderstand, all the values of sale or purchase publish
on line to you are from considering themselves comprehensive of the percentage
of intermediation that constitutes the well-paid part of the activity of Wine
Diffusion; the relative costs to you for the transport and the shipment of
the good and the other additional costs are excluded and accessories (like
for example: insurance of the Goods, and additional costs for the payment
against document etc).
We inform to you: Auctions are not carried out on line,
if one demanded comes carried out from more customers for the same article will
be given the priority to that one reached to us in order before.
3. TO ACCEPT THE GENERAL TERMS AND CONDITIONS.
3.1 The line will be able to make use of the services offers from Wine Diffusion
only the Customers who possess the legal ability to underwrite a valid
contract.
3.2 Who wants to only acquire on line, does not have some obligation to accept
the conditions of this generales term. Moreover he will be held to communicate
the necessary data to the ends of the fiscal, book keeping implementations and
of shipment of the objects he acquires to you, beyond, naturally, to the data
connected to the carry out of the operation of payment in the terms described in
the situated one. For being able to approach the intermediation services demands
to Wine Diffusion, the User must preventively compile the card of
acceptance of the contracted present, than it will come given back through email
for ulterior confirmation and acceptance to it. The User is engaged to supply in
this occasion just the name, the own personal identifying data, The address
every email and other data demanded in correct and really way. To the aim to
guarantee the maximum correctness and transparency for the use of the Service
and for the best protection of the subjects that of it have use of, The User are
engages to modernize the own personal identifying data timely records to you,
included just address email, so that these turn out in every moment complete and
really. Such supplied data will come use you in order to the art. 10 of the law
31 675 Decembers 1996 n° relative to the protection of the persons and other
subjects regarding the treatment of the personal data, the supplied data will
not be yielded to thirds party.
3.3 In the case in which the identifying data and the necessary information for
the User recording supplied they were not correct, the really or they turned out
incomplete, Wine Diffusion reserves the right, without some penalty and
by means of communication sended for the User supplied email to the address,
with immediate effect from the first follwing day to the date of such warning,
to suspend or to close the relationship with the User and of refuse in the
future all or it leave of the services offers.
3.4 The transport of goods/objects/food is to complete burden and at the User cure.
Wine Diffusion supplies through the own courier/shipment, to the
shipment of the goods, in Italy that to the foreign. At the title of pure
indicative is evidenced as the cost depends normally on the total volume, the
distance and the speed of demanded delivery.
3.5 The User will be thought responsible for eventual actions and behaviors in
contrast with the enforced laws or the present general term and Conditions.
3.6 The User is engaged to hold undamaged and do not involve Wine Diffusion from whichever responsibility, loss, claim, it gives, or to expense,
comprised those lawyers, demand from thirds party or other Customers in reason
of operations carried out for wrong means and the use of just the name, or
personal position from same he or thirds party, also to its unknown.
4. SEVERAL ASPECTS OF THE OPERATION.
4.1 The User commit oneself to hold Wine, and totally undamaged do not involve
Wine Diffusion from any damage endured from Wine same Diffusion
in violation of the present Conditions and Generales term of the Service of which he
it is responsible direct or indirect, included eventual pretensions, claims,
sets in action lawyers of any type, penal or administrative civil endorsements
endured from Wine Diffusion like consequence of how much over.
4.2 These Conditions and the subject Service are the application of the D. lgs
n. 185 of 22 May 1999. The User concurs express at the use of the e-mail which
mass media at a distance. The User chip ax that to senses of the art. 4 of the
aforesaid D. lgs the written confirmation of the contained information in these
Conditions is carried out for email and is obligated to unload them, to print
them and to conserve them.
4.3 For not express considered how much in the present Conditions, the
relationships between Wine Diffusion on line and the Customers will be
discipline to you from the Italian law. 5. THE RESPONSABILITY.
5.1 The User chip ax to raise from every responsibility Wine Diffusion,
and its collaborators, for whichever damage turn out to the use of its situated
one, whichever are the cause of the damage.
5.2 Without to limit the capacity of the other contained dispositions in the
present agreement, the responsibility of Wine Diffusion, that he is
penal or contractual, could not be attributed for which had facts to cause of
act of God, a fortuitous case or an action of thirds party or the victim of the
damage.
5.3 The parts recognize that it constitutes, in particular, a fortuitous case
the block or the problems of technical order that regards the material, the
programs, and the software informed or Internet to us, comprised, but not
limited, to interruptions, suspensions or blocks of the service. The User
recognizes that Wine Diffusion can not to be thought responsible of the
damages legacies to these problems.
5.4 Wine Spread on line does not guarantee that the offered service to be
continuous, without temporary or definitive interruptions or errors.
5.5 Wine Diffusion reserves the right to suspend, to close, to extend or
to withdraw a good or a service on line, for reasons lawyers or techniques. Wine
Diffusion cannot assume the responsibility for the consequent damages to
such facts. 6. EXTERNAL LINKS.
6,1 Wine Diffusion reserves the right to sell to thirds party spaces
advertising on its situated one.
6.2 Situated of Wine Diffusion on the line can contain links situated hypertext
that they send back to other Internet. Wine Diffusion can not to be
considered responsible of the content of the situated exteriors, the operation
of the access to these situated ones, of the relations between the User and the
holders of these situated ones. Wine Diffusion does not approve of and
he is not responsible of the content, the opinions or the products or services
sold on these situated exteriors. Wine Diffusion can not be thought
responsible of the damages or of the caused losses of this use, whichever it's,
of these situated exteriors.
7. MODIFICATIONS TO THE PRESENT AGREEMENT.
7.1 Wine Diffusion reserves the right to modify the present agreement.
Whichever modification will be communicated to the User for means of email and
during the use of the services of Wine Diffusion after that such
modification will have had place.
7.2 In case of the User acceptance of the modifications of this agreement, the
new clauses will regulate, also retroactive, all the relations between Wine
Diffusion and the User. In controversy case, whichever of is the reason
or the period in which the facts have been carried out, only the new modified
version of the agreement will have obligatory value between the parts.
8. APPLICABLE LAWS AND COMPETENT JURISDICTION.
8.1 The present agreement, therefore as the several relations between the User
and Wine Diffusion are regulated from the Italian laws.
8.2 In case of controversies, the parts agree to submit themselves to the
exclusive competence of the Court of Vicenza. 9. CANCELLATION
AND MODIFICATIONS.
9.1 In case of violation from the User part of one whichever of the dispositions
of the present agreement between the parts, Wine Diffusion reserves the
right, without indemnity and warning, to put aim to the User personal position,
to eliminate the data that figure you on line, to cancel whichever demand and
same offer on line about the User, to interrupt with the User whichever
relationship of services demands to Wine Diffusion.
9.2 Wine Diffusion reserves the right, without indemnity and warning, to
modify or to suspend the service, temporary or definitively. The User recognizes
that Wine Diffusion can not be thought responsible in case of
modification or suspension of the service. 10. OWNERSHIP RIGHTS INTELLECTUAL.
10.1 The User recognizes and chip that the content of the situated one and in
particular, but not exclusively, witnesses, photographies, video, software and
programs, sounds, musics, paginations, diagrams, loghi, designs or whichever
other information or data used from Wine Diffusion or the Customers who
put announcements, are protect from their rights of author laws, mark, licence
and whichever other right of intellectual or industrial property that is
recognized to it from the laws in vigor. The assets linens acquire you to the
inside of this Portal are of property of (Wine Diffusion) until the
moment in which it comes credited the amount correspondent to the price of the
products acquires to you.
10.2 The User cannot in some case to use, to print, or to reformat the content
of situated for private fine others if the not those or familiar ones. It
engages itself not to unload, to reproduce, to transmit, to sell or to
distribute the content of situated without express of the autorization of Wine
Diffusion.
10.3 Everyone recognizes that the accessible information and date base on
situated of Wine Diffusion are property of Wine same Diffusion.
The used of these data for a Customer must remain in private or familiar within.
These information can not, in particular, be used to fine trade them, to be
reproduced on a situated Internet, or put with through search software or a
search engime. 11. SEVERAL.
11.1 Wine Diffusion reserves the right to contract out or to yield to
thirds party the rights and obligation included to it in this agreement.
11.2 Fact that Wine Diffusion tolerates a lack from The User part
towards one of the obligation previewed from the present agreement, or that it
does not apply to a right any that is recognized to them from the present
agreement, can not in some case to be interpreted like a renunciation from part
its to make to be worth the own rights.
11.3 The titles them of articles of the present agreement of I use only are
indicated to you and they can not alter or modify, in no way, the terms of the
agreement same, included articles and connections to other situated in
concession to Wine Diffusion.
11.4 In the hypothesis in which one any of articles or the paragraphs of the
present conditions and generales term of the service is considered illegittimate
from a law disposition or of future present regulations or or from a definitive
decision judicial of the authority, such article or paragraph will be considered
like not consistent, while all the other dispositions of the present conditions
generale term of the service will conserve forces and binding value between the
parts.
11.5 The shipments happen through a reliable courier are to national level that
international. The courier is prechosen from Wine Diffusion that
reservoir to replace itself to its discretion, with the objective to obtain the
maximum of the reliability. The Producers will give execution to the order
within two days from the payment of the product. The products travel with
delivery previewed within the 48 hours in Italy (72 hours for smaller Calabria,
Sicily, Sardinia, islands, Venetian Lagoon). The shipping costs are determine to
you holding account of the weight, the volume and the country of destination.
Famous good: the shipments only happen with confection from minimum 6 bottles or
multiples of 6, also with various types of wine for confection. They can be
acquired a limitless confection number from 6 bottles, holding always present
the minimal tie of 6 bottles or multiples of 6.
11.6 The supplied personal data from the Customer will be deal to you in the
respect of the enforced laws electronically, they will not be diffuse to thirds
party and they could only upon request be exhibited of the judicial authority
that is from other authorized authorities for law. It remains moreover meant
that the supplied personal data could be communicate to you to thirds party in
the accomplishment of the necessary activities for the execution of the contract
and exclusively in the within of such purpose.
11.7 The payment on line with credit card happens by means of sure the serveur
system of Pay Pal Bank. The system guarantees the confidentiality of the
data: carrying out purchases with sure the serveur system of Pay Pal Bank, it
is sure that the data of the own credit card journey on Internet in classified
way. The service is based on cryptography SSL to 128 bit (certifyd from Pay Pal
Bank) and allows all Customer to insert the data of the own credit card in
simple form "a HTML" and to transmit them in way sure to (Pay Pal Bank) and to
receive the relative message of outcome. Therefore Wine Diffusion,
can not memorize in any way the number of your credit card, that it will become used for the
procedures of a debit - exclusively from Pay Pal Bank, the bank that we have
chosen in order to guarantee the maximum emergency to the transactions on line.
For greater information to consult (www.paypal.com).
11.8 In case of no availability of the product, also temporary, of the products
demands, Wine Diffusion, is engaged to contact by email the Customer
which it will be able to demand the reimbursement of the paid price or the
substitution with an equivalent product or other of equal amount. In order to
accept the present conditions it generates them of the User service declares to
the senses and for the effects dell'art. 1341, 2° comma, civil code, to have
read with attention and specifically to approve of the contained of this
agreement in regarding previous articles: · Art. 1.c - Faculty of do no accept from this contract; ·
Art. 2 - Offered Service by the office of Spread on line; .
Art. 3.A - Restriction to the contractual freedom in the comparisons of the
thirds party; · Art. 4.A - Limitations of responsibility;
· Art. 8 - Law and competent Hole the Customer declares to have taken
to vision this present generales term and conditions before to conclude the purchase
procedure on line.
We declares, moreover, of having at least 18 years old.
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