These Terms govern your use of www.vedovatarcisio.it and any other Agreements or legal relationships with the Owner in a binding manner. The User is requested to read this document carefully. Azienda Agricola Vedova Tarcisio di Vedova Flavio
Via Case Vecchie 5
31049 Valdobbiadene (TV)
P.IVA: 03994270266 Owner’s email address: info@vedovatarcisio.it About www.vedovatarcisio.it
www.vedovatarcisio.it represents the website of Az. Agr. Vedova Tarcisio and offers an online wine sales service, reserved to adults and to the Italian market only. Introduction
This document
This document constitutes a legal agreement between you, as the User, and the company that operates www.vedovatarcisio.it and governs your use of the website and, in each case, your use of the services provided. “Legal agreement” means that the terms of this agreement, once accepted by you, are binding on you.
For simplicity, “User,” “you,” “your,” and similar terms, both singular and plural, refer to you, the User. “We,” “our,” and similar terms refer to the company that owns and operates www.vedovatarcisio.it. “www.vedovatarcisio.it” refers to this site and/or application. “Agreement” refers to this document, as amended from time to time. The Contract is concluded in the Italian language. Other definitions may be found in the “Definitions” section at the end of this Contract. Content available on www.vedovatarcisio.it
The content available on www.vedovatarcisio.it is protected by copyright law and other laws and international treaties placed to protect intellectual property rights and, unless otherwise specified, their use is permitted to Users only to the extent specified in this clause. The Owner grants to the User, for the duration of the Agreement, a personal, non-transferable and non-exclusive license, exclusively for personal and never commercial purposes and limited to the device in use by the User to use such content. Therefore, the User is expressly prohibited from copying and/or downloading and/or sharing (other than to the extent set forth below), modifying, publishing, transmitting, selling, sublicensing, processing, transferring/assigning to third parties or creating derivative works in any way from the content, including third party content, available on www.vedovatarcisio.it, nor allowing third parties to do so through the User or his/her device, even without his/her knowledge. Where expressly stated on www.vedovatarcisio.it, the User, for mere personal use, may be permitted to download and/or copy and/or share certain content made available on www.vedovatarcisio.it, provided that he or she faithfully reproduces all copyright and other notices provided by the Owner. Content provided by third parties
The Owner does not perform any prior moderation on content or links provided by third parties displayed on www.vedovatarcisio.it. The Owner is not responsible for such content or its accessibility.
User-provided content
Users are responsible for their own and third-party content that they share on www.vedovatarcisio.it, through their uploading, posting or by any other means. Users hold the Owner harmless from any liability in connection with the unlawful dissemination of third-party content or the use of www.vedovatarcisio.it, in a manner contrary to the law. The Owner does not carry out any kind of moderation of content posted by the User or third parties, but undertakes to intervene in the face of reports from Users or orders issued by public authorities in relation to content deemed offensive or illicit.
In particular, the Owner may suspend or discontinue the display of content in the event that: complaints are received from other Users;
receives a report of infringement of intellectual property rights;
believes it must do so in anticipation of, or as a result of, legal action;
such action is required by public authority; or
believes that such content, by remaining accessible through www.vedovatarcisio.it might endanger Users, third parties, the availability of the Service, and/or the Owner itself.
Rights to Content Provided by Users
The only rights granted to the Owner with respect to content provided by Users are those necessary for the operation and maintenance of www.vedovatarcisio.it. Unless otherwise stipulated, by submitting, posting or displaying content on or through www.vedovatarcisio.it, the User grants to the Owner and other Users an unrestricted, non-exclusive, royalty-free, sublicenseable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any media or distribution method currently available or hereafter developed. Services provided by third parties
Users may use services or content included in www.vedovatarcisio.it provided by third parties, but must first have read and agreed to the terms and conditions of such third parties. Under no circumstances shall the Owner be held liable in connection with the proper functioning or availability, or both, of services provided by third parties.
Disallowed Use
The Service shall be used in accordance with the Terms.
Users may not: reverse engineer, decompile, disassemble, modify or create derivative works based on www.vedovatarcisio.it or any portion thereof; circumvent the computer systems used by www.vedovatarcisio.it or its licensors to protect the content accessible through it; copy, store, modify, change, prepare derivative works of, or alter in any way any of the content provided by www.vedovatarcisio.it; use any robot, spider, search and/or site-finding application, or any other automated device, process or means to access, retrieve, scrap, or index any portion of www.vedovatarcisio.it or its contents; rent, license or sublicense www.vedovatarcisio.it; defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights of others;
disseminate or post content that is illegal, obscene, illegitimate, defamatory or inappropriate;
misappropriate the account in use by another User;
register or use the Service for the purpose of approaching Users to promote, sell or advertise in any way products or services of any kind through www.vedovatarcisio.it;
use www.vedovatarcisio.it in any other improper manner such as to violate the Terms. Terms of Sale Purchase Paid Services
www.vedovatarcisio.it provides certain subscriptions or paid services.
The fees, duration and terms of accounts and paid services are set forth in the relevant section of www.vedovatarcisio.it. Purchase Procedure
Each order submitted constitutes an offer to purchase products. Orders are subject to the availability and discretionary acceptance of the Owner.
The User must select the products and complete the check-out, after carefully verifying the information contained in the order summary. The order is placed by confirming the order and is subject to payment of the price, taxes, and shipping and handling charges indicated in the Order Summary form. The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract occurs when the Holder sends the Order Confirmation to the email address provided by the User. The Holder reserves the right not to confirm an order, by notifying the User within 5 working days of placing the order, to the email address associated with his purchase, of the possible unavailability of one or more of the products purchased. In this case, the Holder will refund the price and shipping costs incurred by the User. Payment Methods
www.vedovatarcisio.it uses third-party tools for payment processing and in no way comes into contact with payment data – such as credit card data – provided. Any fees for processing User’s payments that are not accepted will be charged to the User.
Prior Authorization for Future Payments via PayPal
In case of payment via PayPal account, during the purchase, www.vedovatarcisio.it will store an identification code combined with the customer’s PayPal account, which authorizes www.vedovatarcisio.it for exclusive use related to future purchases. It is possible to revoke the above authorization at any time by contacting the Holder directly. Delivery
Deliveries are made during normal business hours to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must check the contents by specifying in the delivery form any anomalies.
In case of failure to collect within the time limit set by the carrier, the products will be returned to the Holder, who will refund the price of the products, but not the shipping cost. The Holder cannot be held liable for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage that may occur to the Products subsequent to delivery to the carrier, where the latter has been chosen and appointed by the User or for delays in delivery attributable to the latter. Reservation of Ownership
Until the price of the products ordered is paid in full, the products remain the property of the Owner. Availability of Products
Prices, descriptions or availability of products displayed are subject to change without notice. Photos included are approximate and may not be an accurate representation of the products. The Owner will do its best to present the characteristics of the products with as much detail as possible on www.vedovatarcisio.it within each tab corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on www.vedovatarcisio.it may differ from the real ones due to multiple factors including but not limited to the User’s terminal monitor, photographic filters etc. Therefore, the User acknowledges and accepts that such minor differences, if any, do not constitute a lack of conformity of the products. Execution of the Order
The Order is executed under the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Holder shall not be liable for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time the Order Confirmation was sent. Right of withdrawal and warranty
In case of purchase of products or services on www.vedovatarcisio.it the User has the right to withdraw from the contract without giving reasons, 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 – acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Holder of the decision to withdraw by an explicit statement sent to the indicated contacts. For this purpose, he/she may use the template for the exercise of the right of withdrawal set out in the “definitions” section of this document.
The User is, moreover, free to express his choice to withdraw from the contract in any other equivalent form. Effects of Withdrawal
If the User withdraws from this contract, the User shall be refunded all payments he/she has made to the Holder, including delivery costs (with the exception of additional costs resulting from any choice of a type of delivery other than the least expensive type of standard delivery offered) without undue delay and in any event no later than 14 days from the day on which the Holder is informed of the User’s decision to withdraw from this contract. Said refunds shall be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event, the User shall not incur any costs as a result of such refund. Refunds may be suspended until receipt of the goods or until User demonstrates that he or she has returned the goods, whichever is earlier. The User is requested to return the goods and deliver them to the Holder without undue delay and in any event within 14 days from the day on which the User communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the expiration of the 14-day period. The User is only responsible for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature and characteristics of the products. The costs of returning the goods will be borne by the User. Limitations to the right of withdrawal
Returned products that are damaged or used in a different and additional way than strictly necessary to establish the nature and characteristics will be refunded after deducting the decrease in value resulting from damage or use. The refund is excluded when the decrease in value is total.
The User is requested to include a copy of the delivery document received inside the package. The right of withdrawal is in any case excluded in relation to: custom-made or clearly personalized goods;
the supply of goods that are likely to deteriorate or expire rapidly;
the supply of sealed goods that are not suitable to be returned for hygienic reasons or reasons related to health protection and have been opened after delivery.
In case any of the above exceptions apply to the goods purchased by the User, the User may not exercise the right of withdrawal. Applicability of the clauses on withdrawal
The clauses concerning the exercise of the right of withdrawal, as well as their consequences and exceptions, apply exclusively to the User who qualifies as a consumer, i.e. the User acting for purposes unrelated to his or her business or professional activity. Legislative references
D. Legislative Decree 21/2014 – implementing Directive 2011/83/EU on consumer rights. Warranty
The User who purchases as a consumer has the right to warranty on the conformity of the purchased products and services within the limits of 24 months after purchase provided that notice is given within 2 months of their discovery.
In order to exercise the right of warranty, the User must contact the Holder at the contact information contained herein, giving an accurate description of the defect found.
If a lack of conformity of the product is established, the User has the right to obtain, at its option, repair or replacement of the product.
The User also has the right to request from the Holder an appropriate reduction in the price or termination of the contract in the following cases: if repair and replacement are impossible or excessively onerous;
if the Holder has not repaired or replaced the good within a reasonable period of time, but not less than 15 days;
if the replacement or repair previously carried out has caused significant inconvenience to the User.
The User is still obliged to return the defective products. Indemnification and Limitation of Liability
Indemnification
The User agrees to indemnify and hold harmless the Owner (as well as any subsidiaries or affiliates thereof, its representatives, directors, agents, licensors, partners and employees), from any obligation or liability, including any legal fees incurred in defending itself in court, that may arise from damages caused to other Users or third parties, in connection with content uploaded online, violation of the law or the terms of these terms of service. Limitations of Liability
www.vedovatarcisio.it and all features accessible through www.vedovatarcisio.it are made available to Users, subject to the terms and conditions set forth in the Agreement, without any warranty, express or implied, that is not mandatory by law. In particular, no guarantee is given as to the suitability of the services offered for the particular purposes intended by the User.
The use of www.vedovatarcisio.it and the functionalities accessible through www.vedovatarcisio.it is carried out by Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, shall be liable for damages of a contractual and extra-contractual nature towards Users and third parties exclusively on the grounds of malice or gross negligence when these constitute an immediate and direct consequence of the activity of www.vedovatarcisio.it.
Therefore, the Holder shall not be liable for: any losses that are not a direct consequence of the breach of the Contract by the Holder; any loss of business opportunity and any other loss, including indirect, that the User may have suffered (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or assumed savings, loss of contracts or business relationships, loss of reputation or goodwill value etc.); damages or losses resulting from interruptions or malfunctions of www.vedovatarcisio.it due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the sphere of control of the Owner such as, by way of example but not limited to, failures or interruptions to telephone or electricity lines, the Internet network and/or in any case other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the provision of products, services or applications of third parties; and incorrect or unsuitable use of www.vedovatarcisio.it by Users or third parties. Common Provisions
Interruption of the Service
In order to ensure Users’ best possible enjoyment of the Service, the Owner reserves the right to interrupt the Service due to the need for system maintenance or upgrades, informing Users through constant updates about this on www.vedovatarcisio.it. Resale of the Service
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit any portion of www.vedovatarcisio.it and its Services without prior written permission from the Owner, granted directly or through a specific resale program. The Owner may tolerate forms of resale made on a personal (one-to-one) and limited basis; any form of mass resale is expressly excluded. Privacy Policy
For information on the use of personal data, Users should refer to the privacy policy of www.vedovatarcisio.it, which is considered part of these Terms. Intellectual Property Rights
All trademarks of the Application, whether figurative or named, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing concerning www.vedovatarcisio.it are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties. All trademarks and all other marks, trade names, service marks, word marks, trade names, illustrations, images, logos pertaining to third parties and the content posted by such third parties on www.vedovatarcisio.it are and remain the exclusive property or availability of such third parties and their licensors and are protected by applicable trademark laws and related international treaties. The Owner does not own any such intellectual property rights and may use them only within the limits of and in accordance with its agreements with such third parties and for the purposes outlined therein. Age Requirements
Users declare that they are of legal age according to the legislation applicable to them. Under no circumstances may minors under the age of 13 use www.vedovatarcisio.it.
Terms for receiving deliveries
The User who makes a purchase through www.vedovatarcisio.it also represents and warrants that the person who will receive the shipment of the purchased products is of legal age according to the legislation applicable to the latter. Changes to these Terms
The Owner reserves the right to make changes to the Terms at any time by giving notice to the User by posting it within www.vedovatarcisio.it. Any User who continues to use www.vedovatarcisio.it after the publication of the changes shall accept the new Terms without reservation. Assignment of Contract
The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or any of its rights or obligations under the Terms, provided that the User’s rights hereunder shall not be affected. The User shall not assign or transfer in any way its rights or obligations under the Terms without the written permission of the Owner. Communications
All communications regarding www.vedovatarcisio.it should be sent using the contact information set forth in the Agreement. Ineffectiveness and Partial Invalidity
If any provision of the Terms is found to be void, invalid or ineffective, that provision shall be deleted while the remaining provisions shall not be affected thereby and shall remain in full force and effect. Governing Law and Jurisdiction
These Terms and all disputes as to the performance, interpretation and validity of this agreement shall be subject to the law, state jurisdiction and exclusive jurisdiction of the courts of the place where the Owner has its registered office. An exception is the exclusive jurisdiction of the consumer where the law so provides. Dispute Resolution
Online Dispute Resolution for Consumers
The consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Accordingly, if you are a European consumer, you can use such platform for the resolution of any dispute arising from the online contract concluded with the Holder. The platform is available at the following link.
The Holder is available to answer any questions forwarded by email to the email address published in this document. Definitions and Legal References
www.vedovatarcisio.it (or this Application)
The facility that enables the provision of the Service. Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Withdrawal form type
Addressed to: Azienda Agricola Vedova Tarcisio di Vedova Flavio
Via Case Vecchie 5
31049 Valdobbiadene (TV) I/We hereby give notice of withdrawal from my/our contract of sale of the following goods/services: _____________________________________________ (insert here a description of the goods/services from whose purchase you intend to withdraw) Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________
Date: _____________________________________________
(sign only if this form is served in paper version) Order Confirmation
Indicates the email that the Holder sends when the products are shipped confirming shipment of all or part of the products purchased. Owner (or We)
Means the natural or legal person who provides www.vedovatarcisio.it and/or offers the Service to Users. Service
The service offered through www.vedovatarcisio.it as described in the Terms and at www.vedovatarcisio.it. Terms
All terms and conditions applicable to the use of www.vedovatarcisio.it and/or provision of the Service as described in this document as well as in any other document or agreement related thereto, in its most current version respectively. User (or You)
Means any natural person who uses www.vedovatarcisio.it. Order Processing Receipt
Means the email that the Holder sends upon receipt of the order.
