Effective date: 01/01/2022

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INTRODUCTION

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This information is provided for the site vivwinery.com (Site) owned by Società Agricola VIV s.s., based in Regione Corte, 39 - 14050 San Marzano Oliveto 14050 (AT) P.iva 01707720056. Products purchased on the Site are offered and sold by Società Agricola VIV s.s., hereafter named Viv Winery or Seller and contacted by email at info@vivwinery.com

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Art. 1 Scope of application

1.1 The Terms and Conditions of Sale apply to all sales made by the Seller on the Site.

1.2 If it is made possible by the Site, the entry of your tax code during a purchase implies that you are acting as a Consumer within the meaning of Article 3, I paragraph, letter a) of the Consumer Code (Legislative Decree September 6, 2005, No 206). Please note that the quality of Consumer is held by the natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out. If, on the other hand, it is given the opportunity to enter the VAT number (His or that of a legal person), this implies a purchase in the capacity of "Professional", according to art. 3, paragraph I, lett. c) of the Consumer Code. A natural or legal person acting in the exercise of his or her entrepreneurial, commercial, handicraft or professional activity, or an intermediary thereof, holds the status of Professional. The implications of buying as a Consumer rather than a Professional will be described later in this document.

1.3 The terms indicated are intended as business days, thus excluding Saturdays, Sundays, and national holidays. Images and descriptions on the Site are intended as indicative only. Colors may differ from the actual colors due to the settings of the computer systems or computers you use to view them. 

1.4 The General Conditions of Sale may be changed at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site. You are therefore encouraged to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

1.5 The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.

1.6 These Terms and Conditions do not govern the sale of products and/or services by parties other than Seller that may be present on the Site via links, banners, or other hypertext links. 

1.7 Before conducting business transactions with such parties, it is necessary to check their terms of sale.
1.8 The Seller is not responsible for the provision of services and/or sale of products by such parties. 

1.9 On the websites that can be consulted through such links, the Seller does not perform any control and/or monitoring. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by them.

1.10 You are required to read these Terms and Conditions carefully as well as all other information that the Seller provides on the Site, including during the purchase process.

1.11 Unless otherwise agreed upon with the Seller, orders cannot be placed on the Site by email. The Seller does not accept orders by telephone, unless otherwise agreed upon with the customer.

1.12 The entirety of any element of the Site is the property of Seller or a third party. Unless specifically consented to in writing by Seller, it is prohibited to reproduce, in whole or in part and by any process, distribute, publish, transmit, modify or sell all or any part of the content of the Site.

1.13 Seller shall in no event be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, without limitation, any loss of income or other indirect loss resulting from use of the Site or inability to use it. Seller cannot guarantee or represent (i) that the Site is free of viruses or programs that may corrupt data; (ii) that the information contained on the Site is accurate, complete and current.

 

Art. 2 Purchases on the Site

2.1 In order to make purchases on the Site, it is necessary to follow the procedure on the Site itself, entering the data required from time to time. The contract of sale is concluded when the order reaches the Seller's server.

2.2 You agree to notify Seller immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Site. 

2.3 You warrant that the personal information you provide is complete and truthful and you agree to hold Seller harmless and indemnified from any damages, compensatory obligations and/or penalties arising out of and/or in any way related to the breach of this undertaking. You agree to notify Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.

2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these Terms and Conditions or any regulatory provisions.

2.5 To place orders on the Site, you must read and agree to these General Terms and Conditions of Sale by checking the appropriate box on the purchase process pages. Failure to accept these Terms and Conditions will result in your inability to make purchases on the Site.

2.6 On the Site: (i) is given the opportunity to purchase alcoholic products. The Seller, either on the Site or during the purchase process, reserves the right to make the appropriate checks to ascertain that the purchaser is over 18 years of age. In fact, under Italian law, the purchase of alcoholic products is prohibited to persons under 18 years of age; (ii) no adult products are sold; (iii) Food Products are sold. Before purchasing any Food Product offered for sale on the Site, you are requested to notify the Seller if you have any type of food allergy, intolerance or food intolerance. If you fail to make this disclosure, Seller is in no way responsible for any kind of harm you may have suffered from the purchase of Food Products on the Site.

2.7 Following your purchase, you will receive an order confirmation email.

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Art. 3 Availability of Products

3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.

3.2 Information on Product availability is available on the Site.

3.3 You will be informed in case of unavailability of the ordered Product. In this case you will be entitled to terminate the purchase contract. In any case, please consider that before requesting termination of the contract, the Seller reserves the right to implement these measures:

Where reassortment is possible, an extension of the delivery period, offered by the Seller, stating the new delivery period

If reassignment is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and upon express acceptance by the user.

 

3.4 If a refund is requested for what was paid for the purchase of Products that later turned out to be unavailable, the Seller shall make the refund within a maximum period of 10 days. 

3.5 In the event that You exercise the right of termination, the contract shall be terminated. In the event that the payment of the total amount due, consisting of the price of the Product, shipping charges, if any, and any other additional charges, as resulting from the order (Total Amount Due) has already been made, the Seller will make a refund of the Total Amount Due in accordance with the provisions of the article "Payment Method" below.

3.6 Each product is accompanied by an information page explaining its main characteristics (Product Sheet). The images and descriptions on the Site reproduce as closely as possible the characteristics of the Products. The colors of the Products, however, may differ from the actual colors due to the settings of the computer systems or computers used by the user to view them. The Product images in the Information Sheet, moreover, may differ in size or in relation to any ancillary products. Such images should therefore be understood as indicative and within the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form submitted by you shall prevail. Wine Products contain sulfites resulting from the production process itself. However, in some cases, it is possible that no added sulfites are present; this situation is duly indicated in the Product Data Sheet.

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Art. 4 Prices

4.1 On the Site, prices include VAT.

4.2 In addition, prices on the Site do not include the WEEE fee as Products not subject to the relevant regulations are sold.

4.3 The Seller reserves the right to change the price of the Products, at any time, without prior notice, provided that the price charged to you shall be the price shown on the Site at the time the order is placed and that no account shall be taken of any change (upward or downward) after the order has been transmitted.

4.4 You are responsible for the shipping costs of the Products for orders less than or equal to a specific amount (indicated on the Site from time to time): for higher amounts, shipping is free of charge.

4.5 Seller will ship the Products only upon receipt of confirmation of payment authorization or upon credit of the Total Amount Due. Ownership of the Products will transfer to you upon shipment, which shall be deemed to be the time of delivery of the Product to the carrier. On the other hand, the risk of loss of or damage to the Products, due to causes not attributable to Seller, shall be transferred to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products.

4.6 The purchase of gift certificates does not affect the payment threshold, which, once exceeded, allows the user to obtain free shipping of the Products.

4.7 The purchase contract is terminably conditioned upon non-payment of the Total Amount Due. Unless otherwise agreed to in writing with you, the order will be cancelled accordingly.

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Art. 5 Methods of payment

5.1 This article describes the payment methods available on the Site. The following payment methods are allowed on the Site:

PayPal, Credit Card through PayPal (VISA, MasterCard, Maestro),
5.2 On the Site You may purchase through payment cards. The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued a debit authorization. Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are informed that you may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the user (in order to meet this criterion, the user must be registered to the Site at the time of the purchase transaction) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the above process may mean that it is impossible to finalize the purchase on the Site. Confidential payment card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers the Seller uses. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products. The footer of the Site indicates the symbols of the payment cards that can be used on the Site.

5.3 It is not possible to purchase by cash on delivery on the Site, unless otherwise agreed upon with the Seller.

5.4 If the value of the discount code is less than the value of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. Under no circumstances can discount coupons be converted into cash.

5.5 Any alternative arrangements other than the above are or will be described in this article.

You can also make purchases on the Site using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided for and governed by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected with such account.

Art. 6 Delivery of Products

6.1 Delivery of the Products is expected in: Italy.

6.2 The delivery obligation is fulfilled by the transfer to you of the material availability or otherwise control of the Product.

6.3 Delivery time of Products from order submission: 7 days.

6.4 The deadline stated in Article 6.3 is intended as indicative and not peremptory. Therefore, the Seller reserves the right to deliver the Products within the term of 30 days after placing the order. It is up to you to verify the condition of the delivered Product. Notwithstanding the fact that the risk of loss or damage of the Product, due to causes not attributable to the Seller is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, you should promptly notify the Seller.

6.5 With respect to the possibility of requesting delivery of Products at a "pickup point," Seller informs you that you have the option of picking up the Product at a pickup point, according to the options and methods available on the Site and/or during the purchase process, provided that this method is available for the Product you selected. You will be promptly @advised when the Product is ready for pickup at the pickup point you select. Unless otherwise agreed, if you fail to fulfill your obligation to pick up the Product, the purchase contract will be deemed to be terminated as of right. As a result of termination, the order will be cancelled and the Seller will proceed to refund the Total Amount Due paid by you, less shipping charges. Mere failure to collect the Product shall not be construed as an exercise of the right of cancellation, if any, and shall not entitle you to a full refund of the sums paid for the purchase of the Product.

6.6 The user must, once received the order, check the condition of the Product that was delivered / picked up. Notwithstanding that the risk of loss or damage to the Products, for reasons not attributable to Viv Winery is transferred to the user when the user, or a third party designated by the same and other than the carrier, takes physical possession of the Product, it is recommended that the user verify the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including in the sealing materials and the user is invited, in its interest, to indicate on the transport document of the carrier, any anomalies.

Receipt without reservation of the Products, in fact, does not allow the user to take legal action against the carrier and / or Viv Winery, in the event of loss or damage to the Products, except where the loss or damage is due to willful misconduct or gross negligence of the carrier itself and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also recommended to give prompt notice to info@vivwinery.com. This is without prejudice, in any case, to the application of the rules on the right of withdrawal and the legal guarantee of conformity.

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Art. 7 Right of withdrawal

7.1 You are urged to view this article with particular attention, which governs the right of withdrawal.

7.2 The right of withdrawal is the Consumer's right to dissolve the purchase contract without being obliged to provide a reason. If you purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed upon with the Seller. Any exceptions to the right of withdrawal are set out in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 applies in full.

Custom-made or clearly customized goods are sold on the Site. If you are acting as a Consumer the following rules on the right of withdrawal do not apply by specific legal provision. In fact, if it did not, the Seller would be unable to resell a Product made specifically for you.
Products sold on the Site are likely to deteriorate or expire quickly. For this reason, the rules on the right of withdrawal do not apply, since otherwise the Seller would be unable to resell Products no longer usable by buyers.

7.3 If You are a Consumer (and where no exception applies in this respect) You have the right to withdraw from the Product purchase contract without having to provide any reasons and without incurring any costs other than those provided for in this article within the period of fourteen calendar days (Withdrawal Period). To exercise your right of withdrawal, you must inform the Seller, before the expiration of the Withdrawal Period, of your decision to withdraw. To do so, you may write to the Seller at the contact persons listed in the Foreword, or use any contact form on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the notice regarding the exercise of your right of withdrawal is sent by you before the expiration of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are the responsibility of the Consumer, as well as the responsibility for the transportation of the Products. If the right of withdrawal is exercised, the Product must be delivered to the Seller's premises, or to the different address communicated by the Seller. The Withdrawal Period expires after 14 days: in the case of an order for a single Product, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the Products; in the case of a Multiple Order with separate deliveries, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or in the case of an order for delivery of a Product consisting of multiple lots or pieces, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
7.4 If withdrawal is applicable, Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier of the Consumer's choice and expense, the Seller may suspend the refund until receipt of the Products or until the Consumer demonstrates that it has returned the Products, whichever is earlier. The Consumer shall be liable only for diminution in the value of the goods resulting from handling of the Product other than what is necessary to establish the nature, characteristics and operation of the Product. In any event, the Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and explanatory sheets, with the identification tags, labels and disposable seal, if any, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt. Moreover, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the good other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Seller will give notice of this circumstance and of the resulting decreased refund amount, providing, if the refund has already been paid, the bank details for payment of the amount owed by the user due to the decrease in value of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not entitle you to any refund. 

7.5 In light of the above, the Seller deems it appropriate to point out to you that the cost of returning the Product will be at your expense and responsibility.

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Art. 8 Legal Warranty of Conformity

8.1 The Legal Guarantee of Conformity is reserved for the Consumer. It applies, therefore, only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

8.2 The Seller shall be liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years after such delivery. An action seeking to enforce defects not fraudulently concealed by Seller shall be barred, in any event, within twenty-six months after delivery of the goods.

8.3 Unless proven otherwise, defects of conformity arising within twelve months after delivery of the Product shall be presumed to have already existed on that date, unless such presumption is inconsistent with the nature of the Product or the nature of the defect of conformity. On the other hand, as of the twelfth month following delivery of the Product, it shall be the burden of the Consumer to prove that the lack of conformity already existed at the time of delivery of the Product.

8.4 In the event of a lack of conformity' of the good, the Consumer has the right to the restoration of conformity' or to receive a proportional reduction in the price' or to the termination of the contract on the basis of the conditions established in Article 135-bis et seq. of the Consumer Code.

8.5 The Seller shall not be liable in case of damages, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from unforeseeable circumstances or force majeure.

8.6 If you made the purchase as a Professional, the preceding paragraphs of this article do not apply. In this case, the legal warranty is governed by Articles 1490 et seq. of the Civil Code; in particular, the time limit for reporting any defects is 8 days from discovery and the action is prescribed in 1 year from delivery.

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Art. 9 Manufacturer's Warranty

The Manufacturer's Warranty is an additional warranty to the Legal Warranty of Conformity, if any, given by the Seller on the Products. Except as may be indicated on the Site, Products sold on the Site are not covered by the Manufacturer's Warranty. You may, however, enforce your rights under the Legal Warranty of Conformity governed by the preceding article.

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Art. 10 Applicable law and jurisdiction; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

10.1 Purchase contracts concluded through the Site are governed by Italian law.

10.2 It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence.

10.3 Please note that in the case of a user who is a Consumer, the court of the place where the user resides or has elected domicile shall have jurisdiction for any dispute relating to the application, execution and interpretation of this document. 

10.4 In the case of a professional user, any dispute relating to the application, execution and interpretation of this document shall instead be settled by the Court where the Seller is headquartered pursuant to the provisions of the Foreword.

10.5 The Seller shall inform the user who holds the status of Consumer that, in the event that he/she has submitted a complaint directly to the Seller, as a result of which it has nevertheless not been possible to resolve the dispute thus arising, the Seller shall provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (ADR bodies), specifying whether or not it intends to use such bodies to resolve the dispute itself.

10.6 The Seller also informs the user who holds the status of Consumer that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be accessed at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer user will be able to consult the list of ADR entities, find the link to the website of each of them, and initiate an online dispute resolution procedure for the dispute in which he or she is involved.

10.7 In any event, the right of the consumer user to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code, shall remain unaffected.

The user who resides in a member state of the European Union other than Italy, may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found at http://www.eur-lex.europa.eu.

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Art. 11 Customer Service

11.1 You may request information, send communications, request assistance, or file complaints by contacting the Vendor at the contact information listed in the Foreword, or by using any contact form on the Site.

11.2 The Seller responds in an approximate time of 10 days.

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Art. 12 Various

12.1 This document governs in its entirety the relationship between you and Seller. In any event, the rights and obligations provided by the law applicable from time to time shall not be affected.