Terms & Conditions
WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
- Vinitaly Wine Club DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
- SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Any advise or information, be it oral or written, obtained from Vinitaly Wine Club or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms and Conditions.
The content of our Websites and of our App may contain inaccuracies or errors. Vinitaly Wine Club reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
- ACCEPTANCE, AGE RESTRICTIONS AND MODIFICATION OF THE TERMS AND CONDITIONS
1.1 Your access and use of the websites (the “Websites”) and on our mobile app Vinitaly Wine Club App (the “App”). of DesignWine Srl (“Vinitaly Wine Club”), which includes Vinitaly Wine Club’s affiliated companies, are governed by the present terms and conditions (the “Terms”). By accessing, browsing and using our Websites and/or our App you acknowledge that you have read, understood and accepted, without reserve, these Terms, as modified from time to time by us and that you are at least 18 years of age.
1.2 If we decide to modify our Terms, we will post a new dated version on our Websites and on our App. Therefore, we invite you to consult these Terms from time to time in order to familiarise yourself with any changes. Users who continue to use the Websites or the App after the publication of the changes accept the new Terms in their entirety.
- COPYRIGHT AND INTELLECTUAL PROPERTY
2.1 The content of our Websites and of our App and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Vinitaly Wine Club or its affiliated companies or are used with the authorization of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law. Except as provided in Section 3 hereinafter, nothing contained on our Websites and/or App shall be interpreted or construed as granting you a license or a right to use any such content of our Websites and/or App.
2.2 You may download, display or print the content of our Websites and/or App solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download.
2.3 Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites and/or App, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Vinitaly Wine Club, and Vinitaly Wine Club has the right to terminate the contract under article 1456 civil code.
2.4 Vinitaly Wine Club neither warrants nor represents that your use of any content displayed on its Websites and/or App will not infringe rights of third parties.
3 CONTENTS PROVIDED BY THE USERS AND BY THISRD PARTIES
3.1 Users are responsible for their own content and that of third parties that they share through the Websites and the App, that they upload and post on or through the Websites and the App, 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 Vinitaly Wine Club and hereby indemnify Vinitaly Wine Club for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Websites and the App. Vinitaly Wine Club 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.
3.2 By submitting, posting or displaying content on or through the Websites and the App, the User grants a non-exclusive and royalty-free license without territorial limits to Vinitaly Wine Club, with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via any distribution methods currently available or developed later.
- LINK TO OTHER WEBSITES
4.1 The Websites and the App can contain text links (the "links") to other websites that have no connection with the Sites or with the App. Vinitaly Wine Club does not control these websites, their content and their rules.
4.2 Any link to other websites, and their content, should not be in any way intended as activities or promotion of or by Vinitaly Wine Club.
5.1 On the Webites there may be "cookies". Cookies have the aim of allowing to Users a better use of the Websites. Users who prefer not to receive cookies may set their browser with the intent to be warned of the presence of cookies and then decide whether or not to accept their use. The browser can also be set to reject all cookies; in this case, however, Users may not be able to access all the services available on the Website.
- LIMITATION OF LIABILITY
6.1 You access, use, browse and navigate on our Websites and on our App at your own risk and peril. YOU RECOGNIZE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Vinitaly Wine Club, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES AND/OR THE APP, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Vinitaly Wine Club), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES AND/OR THE APP OR THEIR CONTENT. ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES OR OF OUR APP ARE AT YOUR OWN RISK AND PERIL. Vinitaly Wine Club assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or from its App for any illegal intrusion or intervention in the IT systems Vinitaly Wine Club reserves the right to interrupt or discontinue any or all of the functionality of its Websites and of its App. Vinitaly Wine Club reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, Vinitaly Wine Club will do the utmost to allow users to withdraw their information held by Vinitaly Wine Club. Vinitaly Wine Club accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites and of its App resulting from actions or omissions of Vinitaly Wine Club or any third party.
6.2 In case of “force majeure”, Vinitaly Wine Club will do its best to discharge its obligations but can not be considered as responsible for the delays or non delivery resulting from external circumstances, like strikes, wars, natural disaster or other factors which provide from the production, transportation or delivery of goods. In the case of a delay, Vinitaly Wine Club will discharge its obligations as soon as it is possible and reserves the right to share out the remaining stock of products fairly to the customers.
7.1 The access and the registration to the Websites and Apps are reserved only to Users over the age of 18 years.
- APPLICABLE LAWS
8.1 These Terms are governed by Italian law.