Terms and Conditions of Elena Fucci Wine Club
These Terms govern
• the use of Elena Fucci Wine Club, and,
• any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Azienda Agricola Elena Fucci
Contrada Solgana del Titolo, snc
85022 Barile (PZ)
P.IVA: IT 01465770764
Indirizzo email del Titolare: info@elenafuccivini.com
Indirizzo email Pec del Titolare: elenafucci@pec.it
Information about Elena Fucci Wine Club
Elena Fucci Wine Club is an online service for the sale one and other alcoholic beverages.
Introduction
This document
This document is a legal agreement between you, the User, and the entity providing Elena Fucci Wine Club. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages Elena Fucci Wine Club as outlined in the present document. “Elena Fucci Wine Club” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
Acceptance of this Agreement
In order to use Elena Fucci Wine Club, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.
Registration, content on Elena Fucci Wine Club and prohibited use of Elena Fucci Wine Club
Registration
In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credential.
eleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Elena Fucci Wine Club or by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:
• User has violated this Agreement; and/or
• User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
• the use of Elena Fucci Wine Club by the User may result in violation of law or regulations; and/or
• in case of an investigation by legal action or governmental involvement; and/or
• the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.
Content available on Elena Fucci Wine Club
The content available on Elena Fucci Wine Club is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Elena Fucci Wine Club, nor allow any third party to do so through the User or its device, even without User's knowledge. Where explicitly stated on Elena Fucci Wine Club, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Elena Fucci Wine Club, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on Elena Fucci Wine Club. The Owner is not responsible for the content provided by third parties or for its availability.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through Elena Fucci Wine Club, that they upload and post on or through Elena Fucci Wine Club, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
In particular, the Owner may decide to suspend or interrupt the visualisation of content in the event that:
• other Users file complaints;
• a notice of infringement of intellectual property rights is received;
• it is decided to do so in view of, or as a result of, legal actions;
• said action is solicited by a public authority; or
• if it is believed that the content, while being accessible via Elena Fucci Wine Club, may put at risk the Users, third parties, the availability of the Service and/or the Owner.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Elena Fucci Wine Club.
Unless stated otherwise, the following applies:
By submitting, posting or displaying content on or through Elena Fucci Wine Club, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
Services provided by third parties
Users may use third-party services or content included in Elena Fucci Wine Club, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
Forbidden use
The Service shall be used only in accordance with these Terms.
Users may not:
• reverse engineer, decompile, disassemble, modify or create derivative works based on Elena Fucci Wine Club or any portion of it;
• circumvent any technology used by Elena Fucci Wine Club or its licensors to protect content accessible via it;
• copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Elena Fucci Wine Club;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Elena Fucci Wine Club or its content;
• rent, lease or sublicense Elena Fucci Wine Club;
• defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
• disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
• misappropriate any account in use by another User;
• register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Elena Fucci Wine Club in any way;
• use Elena Fucci Wine Club in any other improper manner that violates the Terms.
Terms and conditions of sale
Purchase
Paid services
Elena Fucci Wine Club provides for additional services or subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of Elena Fucci Wine Club.
Purchasing process
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance.
Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the order summary.
The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the delivery costs incurred by the User.
Methods of payment
Elena Fucci Wine Club uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
Any declined payment costs shall be borne by the User.
Authorization for future PayPal payments
When paying via a PayPal account, during the purchase, Elena Fucci Wine Club will store an identification code assigned to the customer's PayPal account, therefore authorizing Elena Fucci Wine Club to an exclusive use linked to future purchases.
This authorization can be revoked at any time, either through the interface of Elena Fucci Wine Club or directly by contacting the Owner.
Delivery
Delivery
Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must verify the contents specifying any anomalies in the delivery form.
In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.
Retention of title
Until the complete payment of the price of the products ordered, the products remain the property of the Owner.
Availability of products
Prices, descriptions or availability of the products on display are subject to change without notice. The photos posted are for representation purposes only and may not be an exact representation of the product. The Owner will do its best to present the characteristics of the products with the greatest level of detail permitted by Elena Fucci Wine Club in each tab corresponding to the product viewed by the User. However, images and colors of products offered for sale on Elena Fucci Wine Club may differ from the real ones due to many factors, including, by way of example, User's device monitor, photographic filters, etc. Therefore, the User acknowledges and agrees that any such minor differences do not constitute a lack of conformity of products.
Order Completion
The Order is completed in accordance with the details specified on the order summary page and within the Order Confirmation email, subject to availability of the product ordered. The Owner shall not be liable for damages suffered as a result of delays in delivery which are not dependent on circumstances foreseen by the parties at the time of the order confirmation.
Right of withdrawal and guarantee
Right of withdrawal
In case of purchase of products or services via Elena Fucci Wine Club the User has the right to terminate the contract without specifying the reason, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the products. To exercise the right of withdrawal, the User is obliged to inform the Owner of their decision to cancel by sending an unequivocal statement to the designated contacts.
To this end, a template withdrawal form provided within the “definitions” section of this document is available to the User. Users are, however, free to express their wish to withdraw in any other equivalent way.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery method, which would have incurred lower delivery costs) without undue delay and in any event no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the present contract. Reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement.
The reimbursement may be withheld until reception of the goods, or until the User has supplied evidence of having sent back the goods, whichever is the earliest. The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which the User communicated his/her intention to withdraw from the contract. The deadline is met if the User sends back the goods before the 14 day period has expired. The User is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods
The costs of returning the goods are borne by the User.
Limitations on the right of withdrawal
Products returned damaged, or used beyond what is necessary to establish their nature, characteristics and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. No refunds will be given when the decrease in value equals the total value.
The User is asked to return the goods attaching a copy of the delivery slip received.
The right of withdrawal is excluded in all cases relating to:
• Goods made to specifications or clearly personalized;
• Goods which are liable to deteriorate or expire rapidly;
• Sealed goods which are not suitable to be returned for reasons of hygiene or the protection of health, if such goods were unsealed after delivery.
If one of the above exceptions is applicable to the goods purchased, the User may not exercise the right of withdrawal.
Applicability of the right of withdrawal
The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.
Guarantee
The User who buys as a consumer has the right to a guarantee of conformity for purchased products and services, within 24 months of the purchase, on condition that notice is given to the Owner of the defects found, within 2 months of their discovery.
To exercise the right of guarantee, the User is obliged to contact the Owner, using the contact information contained in this document, and provide an accurate description of the defect.
If the product does not conform to the description, the User has the right to a repair or replacement of the product.
The User also has a right to request a fair price reduction or the termination of the contract, in the following cases:
• If repair and replacement are impossible or prohibitively expensive;
• If the Owner has not taken steps to repair or replace the goods within a reasonable period, not less than 15 days;
• Whenever a previously carried out replacement or repair has caused significant inconvenience to the User.
The User is obliged to return the defective products.
Indemnification and limitation of liability
Indemnity
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Limitations of liability
Elena Fucci Wine Club and all functions accessible through Elena Fucci Wine Club are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals.
Elena Fucci Wine Club and functions accessible through Elena Fucci Wine Club are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Elena Fucci Wine Club. Therefore, the Owner shall not be liable for:
• any losses that are not a direct consequence of the breach of the Agreement by the Owner;
• any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, 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 Elena Fucci Wine Club due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and
• incorrect or unsuitable use of Elena Fucci Wine Club by Users or third parties.
Miscellaneous
Service interruption
To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on Elena Fucci Wine Club.
Service reselling
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Elena Fucci Wine Club and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The Owner may tolerate reselling performed on a limited one-to-one basis; any form of mass reselling is expressly excluded.
Privacy policy
For information about the use of their personal data, Users must refer to the privacy policy of Elena Fucci Wine Club which is hereby considered to be part of these Terms.
Intellectual property rights
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Elena Fucci Wine Club are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Elena Fucci Wine Club are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
Age eligibility
Users declare to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use Elena Fucci Wine Club.
Conditions for receipt of deliveries
Users who make a purchase through Elena Fucci Wine Club, moreover, declare the person who will receive the delivery of the purchased products to be also adult according to the applicable legislation.
Changes to these Terms
IThe Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Elena Fucci Wine Club.
Users who continue to use Elena Fucci Wine Club after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
Contacts
All communications relating to Elena Fucci Wine Club must be sent using the contacts stated in this document.
Severability
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Dispute resolution
Online dispute resolution for consumers
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner's information in this document.
Definitions and legal references
Latest update: December 02, 2020
Elena Fucci Wine Club
La struttura che consente la fornitura del Servizio.
Accordo
Qualsiasi rapporto legalmente vincolante o contrattuale tra il Titolare e l’Utente disciplinato dai Termini.
Modulo di recesso tipo
Indirizzato a:
Azienda Agricola Elena Fucci Contrada Solagna del Titolo, snc – 85022 Barile (PZ)
P.IVA: IT07344570960 - info@elenafuccivini.com
Con la presente io/noi notifichiamo il recesso dal mio/nostro contratto di vendita dei seguenti beni/servizi:
_____________________________________________ (inserire qui una descrizione dei beni/servizi dal cui acquisto si intende recedere)
• Ordinato il: _____________________________________________ (inserire la data)
• Ricevuto il: _____________________________________________ (inserire la data)
• Nome del/dei consumatore/i:_____________________________________________
• Indirizzo del/dei consumatore/i:_____________________________________________
• Data: _____________________________________________
(firmare solamente se il presente modulo è notificato in versione cartacea)
Conferma d’Ordine
Indica la mail che il Titolare invia al momento in cui i prodotti sono spediti a conferma della spedizione di tutti o di parte dei prodotti acquistati.
Titolare (o Noi)
Indica la persona fisica o giuridica che fornisce Elena Fucci Wine Club e/o offre il Servizio agli Utenti.
Servizio
Il servizio offerto tramite Elena Fucci Wine Club così come descritto nei Termini e su Elena Fucci Wine Club.
Termini
Tutte le condizioni applicabili all’utilizzo di Elena Fucci Wine Club e/o alla fornitura del Servizio così come descritti in questo documento nonché in qualsiasi altro documento o accordo ad esso collegato, nella versione rispettivamente più aggiornata.
Utente (o Tu)
Indica qualsiasi persona fisica che utilizzi Elena Fucci Wine Club.
Ricevuta di elaborazione d’Ordine
Indica la mail che il Titolare invia al momento della ricezione dell'ordine.
Ultima modifica: 19 Novembre 2020