General Terms & Sales Conditions
The following General Terms and Sales Conditions Vinitaly Wine Club rule the offer and sale of products on our web site ("vinitalyclub.com") and on our mobile app (Vinitaly Wine Club App). The products purchased on vinitalyclub.com/vinitalyclub.co.uk and on Vinitaly Wine Club Appare sold directly by DesignWine S.r.l. ("Vinitaly Wine Club"), with registered office in Italy, Via della Resistenza, 90 - 47039 Savignano sul Rubicone (FC) - Italy, business register number, tax code and VAT numbers IT038278404400 / GB105781913, fully paid share capital of EUR 103,516.00.
For any further information, you can contact Vinitaly Wine Club directly by writing an e-mail to email@example.com or by calling Vinitaly Wine Club Customer Service at +39 0541 810231 (International).
- Vinitaly Wine Club Business Policy
1.1 Vinitaly Wine Club offers Selections of wine ("Vinitaly Wine Club Selections") and other products related to the world of wine sold on its site vinitalyclub.com / vinitalyclub.co.uk and on its mobile app Vinitaly Wine Club App. Vinitaly Wine Club e-commerce activity is directed exclusively to its end users, which means consumers only over 18 (eighteen) years old or older if required by the resident country of the "consumer", and still under applicable law and regulations regarding electronic commerce.
1.2 The “consumer” for Vinitaly Wine Club means any natural person acting on its websites vinitalyclub.com/vinitalyclub.co.uk and on its mobile app (Vinitaly Wine Club App) with any purpose not related to his occupation, trade or business. If you were someone other than the "consumer" and for any questions, please contact our Sales Department at the following email address: firstname.lastname@example.org
1.3 In accordance with the laws regarding the purchase of wines and spirits and in consideration of its commercial policy, Vinitaly Wine Club reserves the right not to accept orders from persons other than the "consumer" in accordance with its commercial policy and in compliance age limits set by law or by the purchase for delivery of wine and spirits. Vinitaly Wine Club does not sell wine and spirits to people who are under 18 years of age. Through the use of our website vinitalyclub.com and of our mobile app (Vinitaly Wine Club App), you warrant that you are older than 18 years and that the person who will receive the shipment by Vinitaly Wine Club will be older than 18 years of age.
1.4 The General Terms and Sales Conditions Vinitaly Wine Club exclusively regulate the offer, the transmission, receipt, shipment, purchasing methods and the right to cancel orders for purchase on the website vinitalyclub.com and on the mobile app (Vinitaly Wine Club App) between the users of vinitalyclub.com/vinitalyclub.co.uk and/or of Vinitaly Wine Club App and the Vinitaly Wine Club company.
1.5 The General Terms and Sales Conditions Vinitaly Wine Club do not regulate the provision of services or sale of products by anyone other than Vinitaly Wine Club, which are present on the website vinitalyclub.com/vinitalyclub.co.uk and on our mobile app (Vinitaly Wine Club App) through hyperlinks, links or banners. Before purchasing goods and services from entities other than Vinitaly Wine Club, Vinitaly Wine Club recommends to check the conditions of sale, because Vinitaly Wine Club is not responsible for the provision of services by third parties other than Vinitaly Wine Club or the conclusion of e-commerce transactions between users of vinitalyclub.com and of Vinitaly Wine Club App and third parties. For any questions, please contact us directly by sending an e-mail at email@example.com.
- The Sales Contract Vinitaly Wine Club
2.1 In order to place an order and purchase of one or more products offered on vinitalyclub.com/vinitalyclub.co.uk and on our mobile app (Vinitaly Wine Club App), you have to complete the order form and send it electronically to Vinitaly Wine Club by e-mail or by fax, following the instructions. The order form contains a summary of the main commercial conditions, including price, terms of payment and shipment informations, along with information on the main characteristics of the ordered products and a reference to the General Conditions of Sale.
2.2 The sales contract is considered concluded when Vinitaly Wine Club receives by e-mail or by fax your order form, verifies that the data input are correct and sends you the order’s confirmation of the purchase, containing a summary of the information contained in the order form.
2.3 An order shall be deemed submitted when Vinitaly Wine Club receives your order form electronically and the order’s information has been verified as correct.
2.4 For every purchase of wine Vinitaly Wine Club and/or any product generally available on the site vinitalyclub.com/vinitalyclub.co.uk and on our mobile app (Vinitaly Wine Club App), before sending the purchase order, Vinitaly Wine Club will ask you to correct errors in data entry, read the Terms and Conditions including the right to withdrawal, print a copy and save or reproduce a copy for your personal use.
2.5 The contract with Vinitaly Wine Club is in Italian but an English translation is available.
2.6 Vinitaly Wine Club may refuse or not follow orders that are incomplete or incorrect, or in case of unavailability of products or orders that do not give sufficient guarantees of solvency. In these cases, Vinitaly Wine Club will inform you by e-mail that the contract is not concluded and that Vinitaly Wine Club will not follow your purchase order specifying the reasons and possibly suggesting a solution.
2.7 If some Vinitaly Wine Club Selections or some of the bottles of wine or products presented on vinitalyclub.com and on our mobile app (Vinitaly Wine Club App) in general, are no longer available for sale or when you sent the order form, Vinitaly Wine Club will promptly inform you and propose various options or substitutions. In any case within thirty (30) days from the following day of sending the order, Vinitaly Wine Club will communicate to you the unavailability of Vinitaly Wine Club Selection or of any single bottle of wine included in the Vinitaly Wine Club Selection or products generally ordered. In case you have already sent the order form and paid the price, Vinitaly Wine Club will at first suggest one or more alternatives, with a commercial value in line with your order, which can meet your expectations. If you are not happy of any alternative offered, Vinitaly Wine Club will pay you back what you have already anticipated.
2.8 By submitting your e-mail order form, you certify that you unconditionally accept the General Terms Vinitaly Wine Club and undertake to observe them in all dealings with Vinitaly Wine Club. In case you do not intend to accept the terms listed in the General Terms Vinitaly Wine Club in full, please do not submit your order form for the purchase of the Vinitaly Wine Club Selections or any other product sold on vinitalyclub.com and on our mobile app (Vinitaly Wine Club App).
- Guarantees, Product Prices and Promo codes
3.1 All Vinitaly Wine Club Selections, all bottles of wine and in general all the products offered by Vinitaly Wine Club on its website vinitalyclub.com and on our mobile app (Vinitaly Wine Club App) are considered "premium" and first quality products. The products offered are the result of a meticulous and continuous research and the wines of Vinitaly Wine Club Selections are purchased directly from Vinitaly Wine Club at wineries, cellars and producers carefully selected for their attention and care in producing quality products and strict quality control. Vinitaly Wine Club does not sell illegal products or lower quality than the corresponding standards offered on the market.
3.2 Vinitaly Wine Club does not remove any bottle label or modify any information written on it. All information and details on the labels of the wine bottles offered by Vinitaly Wine Club are guaranteed by the wine producers and the company which bottles by law. Vinitaly Wine Club continuously selects the companies that produce products with the highest quality standards but, while putting in place controls on the general accuracy of the information contained on labels, does not respond and does not guarantee in any way for the information contained on labels and that they fully reflect product characteristics. For any doubt or if you notice any possible modification or incorrect information, please contact us immediately via email at firstname.lastname@example.org. Vinitaly Wine Club will take care of asking to the manufacturer any additional warranty or additional requested information and report any irregularities to the police authorities.
3.3 The essential characteristics of the products offered by Vinitaly Wine Club are presented with the relevant product information sheets, directly visible on the site vinitalyclub.com. The images and colors of products offered for sale on vinitalyclub.com and on our mobile app (Vinitaly Wine Club App) may not exactly correspond to reality because of the Internet browser and monitor. The Vinitaly Wine Club Selections could be subject to updates and changes, always with quality wines and in respect of the characteristics and the theme mentioned in the name of the Vinitaly Wine Club Selection.
3.4 The prices of products offered are VAT and shipping included, unless otherwise noted. Prices are subject to updates, therefore we kindly ask you to always check the final purchase price before submitting and sending the order form.
3.5 The Vinitaly Wine Club Selections and in general all the products offered by Vinitaly Wine Club are sold in certain countries only. We ask you to check the updated list of countries on vinitalyclub.com where Vinitaly Wine Club operates at the time of your purchase. For countries not included among those displayed on the list, you have to contact us directly by email at email@example.com or by phone at +39 0541 810231 Vinitaly Wine Club reserves the right to periodically update the list of countries and suggests you to check periodically our geographical availability. Orders made from a Country site different from the one you are shipping to or to addresses to which Vinitaly Wine Club cannot ship, will be automatically cancelled.
3.6 In case of items that are deemed defective, we ask you first of all to inform us by email at firstname.lastname@example.org, enabling us to immediately identify any problems and find a solution. In case that you will be asked to return to Vinitaly Wine Club the defective merchandise, you will have to use its original packaging and send it back within 10 days after delivery. Shipping and packaging for return shipment shall be at your expense while the defect will be replaced and returned against Vinitaly Wine Club or reimbursed if the product is no longer available.
3.7 Should you decide to exercise your right to return purchased products, Vinitaly Wine Club has the right to not accept returned products that are returned without the original packaging or that have been altered from their original status or have been damaged or partially consumed or used.
3.8 Promotional codes can only be used on wines that participate in a promotion or campaign or, only if clearly specified, on the whole catalog. If the discount code is not applied to your wine cart, it is necessary to check whether the promotion linked to the code is still in progress. In addition, promotional codes can never be combined nor used on the wines of the following wineries: Allegrini (Amarone, Amarone Magnum, La Grola, Palazzo della Torre, La Poja), Altemasi (Riserva Graal), Antinori (Bolgheri Superiore Guado al Tasso, Franciacorta Contessa Maggi Montenisa, Tignanello, Cervaro della Sala, Poggio alle Nane, Solaia), Argiolas (Korem, Turriga), Arnaldo Caprai (Sagrantino Montefalco 25 anni), Avignonesi (50&50, Desiderio), Banfi (Brunello Poggio alle Mura), Bellavista, Biondi Santi, Braida (Bricco dell'Uccellone), Castellare di Castellina (I Sodi di San Nicolò), Col D'Orcia (Chianti Gineprone Magnum, Rosso di Montalcino Magnum), Contadi Castaldi, Cusumano (Saganà, Noà), Di Majo Norante (Don Luigi), Donnafugata (Mille e Una Notte Nero d'Avola, Ben Ryé Passito di Pantelleria, Tancredi), Drei Donà (Graif Noir), Duca di Salaparuta (Duca Enrico Nero d'Avola), Eugenio Collavini (Broy), Elena Fucci, Elena Walch (Lagrein Riserva Castel Ringberg, Beyond the Cloud), Famiglia Cotarella (Montiano, Marciliano), Felsina (Berardenga Vin Santo, Colonia), Ferrari, Florio, Gaja, Gianfranco Fino, Les Cretes, Letrari (Trentodoc Brut Riserva), Marchesi di Barolo (Barolo Cannubi), Marco Felluga (Collio Bianco Col Disore), Massolino (Barolo), Michele Chiarlo (Barolo Cerequio), Morgante (Don Antonio), Nino Negri (5 Stelle Sfursat), Ornellaia, Piccini Villa al Cortile (Brunello), Planeta, Poliziano (Nobile di Montepulciano), Rocca di Frassinello (Baffonero, Rocca di Frassinello), Speri (Recioto La Roggia), Tenuta San Guido, Tramin (Gewurztraminer Nussbaumer), Velenosi (Ludi Offida Rosso), Zenato (Amarone Classico della Valpolicella, Amarone Riserva Sergio Zenato). Other products may be excluded from offers depending on the promotional agreements made with the producers we work with. Therefore, we invite you to check the applicability of the promotional codes directly in the shopping cart, before proceeding to checkout.
4.1 The prices and terms of payment for the Vinitaly Wine Club Selections of wine and all the products offered on our site vinitalyclub.com and on our mobile app (Vinitaly Wine Club App) are indicated in the order form Vinitaly Wine Club.
4.2 The price for the purchase of the products includes shipping costs, but they are typically evidenced separately and will be debited to your account before shipment, as indicated in the order form.
4.3 The preferred terms of payment are PayPal, Credit Card or Prepaid Card and Bank’ Transfer. All the financial information necessary for the payment transaction will be sent by SECURE encrypted protocol to Wirecard, PayPal, Banca Sella, BCC or other banks, providing its electronic payment services at a distance, without the access of third parties. This information will never be used by Vinitaly Wine Club except to complete the procedures relating to your purchase and for issuing refunds in your favour in case of returns, or if it becomes necessary to prevent or report to police fraud or other illegal acts.
- Shipping and delivery of the products
5.1 Vinitaly Wine Club delivers selections of wine ("Select Vinitaly Wine Club"), wine bottles and other related products to the world of wine sold on its site vinitalyclub.com and on its app (Vinitaly Wine Club App) exclusively to "consumers" only over 18 (eighteen) years old and in any case still under applicable law and regulations.
5.2 Vinitaly Wine Club uses for deliveries only patented packaging, thanks to its particular characteristics, its guarantees the integrity of the products transported. Vinitaly Wine Club organizes the delivery of goods ordered by you to the address you indicated in the purchase process on our website vinitalyclub.com and on our app (Vinitaly Wine Club App), through national and international couriers, who assume full responsibility for the delivery by loading at our company, transporting and delivering to the address you indicated. Vinitaly Wine Club assumes no liability for any damage or conduct of the couriers.
5.3 The cost of shipment is listed with each order. Deliveries are available only for the countries indicated on the website vinitalyclub.com and on the app (Vinitaly Wine Club App), but we suggest you to contact us directly at email@example.com if you wish to place an order for a different country. Periodically, Vinitaly Wine Club updates the list of countries, so we recommend to check the availability of the delivery before the completion of your purchasing order.
5.4 Orders that are shipped to countries outside Italy may be subject to import taxes, customs duties, fees levied by the destination country ("Import Fees") and additional charges/broker fees for customs clearance. For deliveries outside Italy, all duties and import taxes are to be quoted separately and have to be paid by the client.
5.5 For the execution of the delivery, the following data are essential:
- Invoicing data (invoicing name and address) and e-mail.
- Delivery data (delivery name and address), telephone number and e-mail.
5.6 If you receive packages by the couriers used by Vinitaly Wine Club visibly damaged, cracked or stained by any leakage from broken bottles of wine, please reject the shipment to the sender and Vinitaly Wine Club will take care of the return of the shipping. If the shipment is composed by more packages and not all of them are damaged, please refuse the damaged package to the sender signing the bill of the courier with "conditional". The shipping courier of Vinitaly Wine Club will return the damaged package and Vinitaly Wine Club will replace it for you. If the product that should be replaced is exhausted, Vinitaly Wine Club will contact you directly to find a solution with a different Vinitaly Wine Club Selection, wines or other products for the replacement or credit the residual value of your order. The shipping costs for returning the damaged package and returning to you the new one are at charge of Vinitaly Wine Club.
5.7 Delivery typically takes place on weekdays, in two to four business days from the date of your order entry on vinitalyclub.com with payments by credit card, PayPal and prepaid cards. In case of payment by bank transfer, the delivering time will remain the same, but starting from the date of the confirmation of transfer of funds.
5.8 For any information or reporting on the shipment of your order, you may contact our Customer Service via e-mail at firstname.lastname@example.org or call +39 0541 810231 (International)
- 6. Customer Care
6.1 For any information, you can contact Vinitaly Wine Club customer service by e-mail at email@example.com or by phone at +39 0541 810231 (International).
- 7. Right of withdrawal and returns
7.1 According to the regulation of Legislative Decree no. 206/05, you have the right to terminate the contract of purchase without penalty, within fourteen (14) solar days from receipt of goods and with written communication to be sent to Vinitaly Wine Club, using the Returns procedures provided by Vinitaly Wine Club. After your purchasing, you cannot change the single bottle of wine, the Vinitaly Wine Club Selection or any other selected product without additional charges. On the other hand, our customer service is always at your disposal with the purpose to satisfy your requests concerning your order, so do not hesitate to get in contact with Vinitaly Wine Club at firstname.lastname@example.org or by phone +39 0541 810231 (International).
7.2 In your communication of withdrawal, you must indicate the product or products for which you intend to exercise your right, the number and order date, invoice number, your bank details (IBAN). Once your communication is sent, the Customer Service of Vinitaly Wine Club will send to you a number of authorization for the return. Then you can return the goods with the carrier indicated by Vinitaly Wine Club within fourteen (14) working days starting from the date you received the goods, provided that the goods will be intact and that you will follow the return terms, unless your possible waiver of recovery of these products.
7.3 The only charges that will support are those to return products purchased pursuant to Art. 65, paragraph 3of Decree No. 206 of 06/09/2005.
7.4 To exercise properly your return right means to fully respect the terms and conditions described in paragraphs 7.1, 7.2, 7.3 and to strictly follow also the following terms and conditions:
- the products purchased will have to be substantially intact;
- the products must be returned in their original packaging (in case of a Vinitaly Wine Club Selection of wine, you must return all bottles of wines that compose the Vinitaly Wine Club Selection);
- all the items you wish to return have to be sent to Vinitaly Wine Club in a single shipment. Vinitaly Wine Club reserves the right not to accept bottles or products of a single order returned and delivered at different times;
- the cost of returning the goods will be at your cost, including liability for lost or damaged products.
- since the substantial integrity of the products returned is an essential condition for exercising the right of withdrawal, all the products arrived in stock will be examined for any damage or tampering and we recommend to carefully prepare the package.
- the products have not been used or damaged;
- the return form must be properly completed and submitted to Vinitaly Wine Club within fourteen (14) solar days from receipt of goods.
- you have to be a “consumer”. The rights of withdrawal and returns are reserved for individuals, previously known as "consumer" in section 1.2, therefore any purchases made by retailers or any person in whatever capacity buys for resale are excluded.
7.5 If the return right is exercised following the procedures and time limits specified in this paragraph 7, Vinitaly Wine Club shall refund the sums already received for products purchased directly on vinitalyclub.com, which will be reimbursed as quickly as possible and in any case within thirty (30) days from the date on which Vinitaly Wine Club became aware of the exercise of your right of withdrawal with written notice. The refund procedure indicated in paragraph 8 will be activated once the correct execution of the terms and conditions of withdrawal and return is confirmed.
7.6 If the terms and conditions for exercising the right of withdrawal are not respected, you will not be entitled to the reimbursement of the sums already paid to Vinitaly Wine Club or of the issue of the credit if requested. It will always be possible to regain, at your expense, the products in the same state they were returned to Vinitaly Wine Club. Otherwise, the Vinitaly Wine Club can keep the products in addition to sums already paid for their purchase.
- 8. Refund Times and Procedures
8.1 Once the products are returned to Vinitaly Wine Club, Vinitaly Wine Club will check that all the terms and conditions set out in paragraph 7 are fulfilled. In the event that the checks are successfully concluded, Vinitaly Wine Club will send you via email a confirmation of acceptance of the returned products.
8.2 Whatever payment terms you used, the refund procedure shall be started by Vinitaly Wine Club within thirty (30) days from when Vinitaly Wine Club was informed of your decision to exercise your return right, after checking that the return right has been correctly exercised and that the returned products have been accepted.
8.3 In case of no correspondence between the recipient of the goods specified in the order form and the individual that has provided the payment of the sums due for its purchase, the reimbursement of the amounts in the event of exercise of the right of withdrawal will be refunded without any interest by Vinitaly Wine Club to the person that have done the payment.
- 9. Guarantee
9.1 The User who buys has the right to a guarantee of conformity for products and services bought within 24 months of their delivery, provided that notice is given to Vinitaly Wine Club within 2 months of their discovery.
To exercise the right of guarantee of conformity, the User must send an email to Vinitaly Wine Club in which he must specify the order number and a precise description of the defect (it is recommended to attach a photo of the defective product).
All above elements are essential and will be verified by Vinitaly Wine Club before communicating the answer.
If the defect of conformity of the product is verified, the User has the right, after returning the product, of its repair (unless the case of oenological products) or its replacement.
In addition, the User has the right to ask the Owner for an appropriate price reduction or for the termination of the contract, if (i) the repair and replacement are proven to be impossible or prohibitively expensive, (ii) Vinitaly Wine Club has failed to repair or replace the goods within a reasonable period, (iii) replacement or previously carried out repairs have caused significant inconvenience to the User. To exercise the right of guarantee and for more information regarding it, the User can directly contact our Customer Service via email at email@example.com or by telephone (+39) 0541 810231.
- 10. Privacy
- 11. Applicable Law and Disputes
11.1 The General Terms Vinitaly Wine Club are governed by Italian law and in particular by Legislative Decree dated 6th September 2005 no. 206, the Consumer Code, in particular the rules on distance contracts and by Legislative Decree dated 9th April 2003 no. 70 on some specific aspects of electronic commerce.
11.2 In case of disputes arising for the Conditions of Sale, we suggests you to contact us directly at DesigWine Customer Service firstname.lastname@example.org by email address or by telephone number or +39 0541 810231 (International).
11.3 The sale of products or services takes place within the Italian state and is subject to the laws of the Italian Republic. Jurisdiction for the resolution of any dispute will be the one required by Italian legislation in force when the contract is concluded.
- 12. Amendments and updates
12.1 The General Terms and Sales Conditions Vinitaly Wine Club are periodically amended according to the development of Vinitaly Wine Club business and the market, in compliance with any updates and changes to legislation. Any change will be regularly updated and published on our websites vinitalyclub.com and on the mobile app Vinitaly Wine Club App and will be immediately effective as of the date of publication on vinitalyclub.com. Users who continue to use our websites vinitalyclub.com and our mobile app Vinitaly Wine Club App after the publication of the changes accept the new Terms in their entirety.