Users who use the services offered by this website declare to know and accept these general conditions of contract.
Owner of the website and related services
Tuscan Hospitality Srl - Via dell'erta canina 6/r - 50136 Firenze FI - PIVA 07160420480
Indirizzo email del Titolare: info@foresteriavillacerna.it
Information on the website
This website offers an online sales service for wine and other spirits.
Introduction
This document
This document constitutes a legal agreement between you, as a User, and the company that manages and regulates your use of the website and, in any case, the use of the services provided. "Legal agreement" means that the terms of this agreement, once accepted by the User, are binding on the latter. For simplicity, "User", "you", "your" and similar terms, both singular and plural, refer to you, the User. "We", "ours" and similar terms refer to the company that owns and operates the website. "Contract" refers to this document, as amended from time to time. The Contract is concluded in Italian. Other definitions can be found in the "Definitions" section at the bottom of this Agreement.
Acceptance of the Agreement
In order to use this website, you must carefully read and accept the Agreement by clicking on the specific button for acceptance. If you do not accept the Agreement you will not be able to use the Service.
Registration, website content and prohibited use
Registration
In order to use the Service or part of it, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions.
The User has the burden of keeping and keeping his access credentials confidential.
It is understood that in no case will the Data Controller be held responsible in the event of loss, disclosure, theft or unauthorized use by third parties, for any reason, of the Users' login credentials.
Account cancellation and closure of User accounts
Registered Users can deactivate their accounts, request their cancellation or discontinue use of the Service at any time, through the interface of this website or by contacting the Owner directly.
In case of violation of these Terms, the Owner reserves the right to suspend or close the User's account at any time and without notice.
The Owner reserves the right to suspend or cancel the User's account at any time and without notice if he believes that:
- the User has violated the Contract; and / or
- access to or use of the Service may cause damage to the Owner, other Users or third parties; and / or the use of this website by the User may result in a violation of the applicable law or regulations; and / or
- in the event of investigations conducted as a result of legal actions or for involvement of the public authority; and / or
- the account is deemed by the Owner, in its sole discretion and for any reason, inappropriate or offensive or in violation of the Contract or not in line with the owner's standards.
Content available on this website
The contents available on this website are protected by copyright law and other international laws and treaties set up to protect intellectual property rights and, unless otherwise specified, their use is permitted to Users only within the limits specified in the this clause. The Owner grants the User, for the entire duration of the Contract, a personal, non-transferable and non-exclusive license, for personal and never commercial purposes only and limited to the device in use by the User for the use of such content. Therefore, it is expressly forbidden for the User to copy and / or download and / or share (except within the limits illustrated below), modify, publish, transmit, sell, sublicense, process, transfer / assign to third parties or create derivative works in any way from the contents, including those of third parties, available on this website, nor to allow third parties to do so through the User or his device, even without his knowledge.
Where expressly indicated on this website, the User, for mere personal use, may be authorized to download and / or copy and / or share some content made available on this website, provided that he faithfully reports all the copyright notices and the other indications provided by the Owner.
Content provided by third parties
The Owner does not make any prior moderation on the contents or links provided by third parties shown on this website. The Owner is not responsible for these contents and their accessibility.
Content provided by the User
Users are responsible for their own and third party content they share on this website, by uploading it, inserting content or in any other way. Users release the Owner from any liability in relation to the illicit dissemination of third party content or the use of this website, in ways contrary to the law. The Owner does not moderate any content published by the User or by third parties, but undertakes to intervene in the face of reports from Users or orders given by public authorities in relation to content deemed offensive or illegal.
In particular, the Owner may suspend or stop viewing the contents in the event that:
- complaints are received from other Users;
- receive a report of infringement of intellectual property rights;
- believes it should do so in anticipation of, or following, legal action;
- such action is required by public authority; or believes that this content, remaining accessible through this website, could put Users, third parties, the availability of the Service and / or the Owner at risk.
Rights to content provided by Users
The only rights granted to the Owner in relation to the content provided by Users are those necessary for the operation and maintenance of this website.
Unless otherwise established, by sending, publishing or viewing content on or through this website, the User grants the Owner and the other Users a license without territorial limits, non-exclusive, free of charge and with the right to sub-license , for use, copying, reproduction, processing, adaptation, modification, publication, transmission, display and distribution of such content with any medium or distribution method currently available or developed subsequently.
Services provided by third parties
Users can use services or content included in this website provided by third parties, but must first have read the terms and conditions of these third parties and have accepted them. Under no circumstances can the Data Controller be held responsible for the correct functioning or availability, or both, of services provided by third parties.
Not allowed use
The Service must be used in accordance with the terms of the Terms.
Users cannot:
- reverse engineer, decompile, disassemble, modify or create derivative works based on this website or on any portion of it;
- circumvent the computer systems used by this website or its licensors to protect the content accessible through it; copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by this website;
- use any robot, spider, search and / or site retrieval application, or any other device, process or automatic means to access, recover, scraping or index any portion of this website or its contents;
- rent, license or sublicense this website;
- defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights of others;
- disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
- illegally appropriating the account in use with another User;
- register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through this website; use this website in any other improper way that violates the Terms.
Selling conditions
Payment services
This website provides some subscriptions or paid services.
The fees, the duration and conditions of the accounts and paid services are indicated in the relevant section of this website.
Purchase procedure
Each order sent constitutes an offer for the purchase of 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 checking the information contained in the order summary. The order is made by confirming the same and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form.
The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place at the time of sending the The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place at the time of the sending of the Order Confirmation by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, communicating to the User within 5 working days of placing the order, to the email address associated with his purchase, the unavailability of one or more of the products purchased. In this case the Owner will refund the price and shipping costs incurred by the User.
Terms of payment
This website uses third-party payment processing tools and in no way comes into contact with the payment data - such as those relating to the credit card - provided.
Any costs of managing User payments that are not accepted will be charged to the User.
Prior authorization for future payments through PayPal
In case of payment via PayPal account, during the purchase, this website will store an identification code combined with the customer's PayPal account, which authorizes this website for exclusive use linked to future purchases.
It is possible to revoke the aforementioned authorization at any time, through the interface of this website or by contacting the Owner directly.
Retention of title
Until full payment of the price of the products ordered, the products remain the property of the Owner.
Product availability
The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and may not constitute an exact representation of the products. The Owner will do his best to present the characteristics of the products with the greatest possible degree of detail on this website within each form corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on this website may differ from the real ones due to multiple factors including, by way of example and not limited to, the user's terminal monitor, photo filters etc. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.
Order Fulfillment
The Order is processed in the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the product ordered. The Owner cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.
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 content by specifying any anomalies in the delivery form.
In case of non-collection within the deadline set by the carrier, the products will be returned to the Owner, who will refund the price of the products, but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in filling in the purchase order by the User, for damages that may have occurred to the Products after delivery to the carrier, where the latter has been chosen and instructed by the User or for delays in delivery attributable to the latter.
Right of withdrawal
In case of purchase of products or services on this website, the User has the right to withdraw from the contract without indicating the 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 Owner of the decision to withdraw via an explicit declaration sent to the contacts indicated.
Effects of withdrawal
If the User withdraws from this contract, all payments made to the Owner will be refunded, including the delivery costs (except for the additional costs deriving from the possible choice of a type of delivery other than the least expensive type of delivery standard offered) without undue delay and in any case no later than 14 days from the day on which the Data Controller is informed of the User's decision to withdraw from this contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any costs as a consequence of this refund. The refund can be suspended until the goods are received or until the User has demonstrated that he has sent the goods back, if previous.
The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14-day period. The costs of returning the goods will be advanced by the User, but will be reimbursed by the Owner in the manner and within the limits indicated above, charged to the User. The User is only responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Restrictions on the right of withdrawal
IReturned products that are damaged or used in a different and additional way than strictly necessary to establish their nature, characteristics and functioning will be reimbursed after deduction of the decrease in value consequent to damage or use. The reimbursement is excluded when the decrease in value is total.
The User is requested to insert a copy of the delivery document received within the package.
The right of withdrawal is in any case excluded in relation to:
- goods made to measure or clearly personalized;
- the supply of goods that are liable to deteriorate or expire rapidly;
- the supply of sealed goods that do not lend themselves to being returned for hygienic or health protection reasons and have been opened after delivery.
If one of the aforementioned exceptions were applicable to the goods purchased by the User, the latter cannot exercise the right of withdrawal.
Applicability of the withdrawal clauses
The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who qualifies as a consumer, that is, to the User who acts for purposes unrelated to his business and professional activity.
Legislative references
Legislative Decree 21/2014 - in implementation of Directive 2011/83 / EU on consumer rights.
Warranty
The User who purchases as a consumer has the right to guarantee the conformity of the products and services purchased within 24 months of purchase, provided that communication is given within 2 months of their discovery.
To exercise the warranty right, the User is required to contact the Owner with the contact information contained in this document, giving an accurate description of the defect found. If the lack of conformity of the product is ascertained, the User has the right to obtain, at his choice, the repair or replacement of the product.
The User also has the right to request from the Owner a reasonable price reduction or termination of the contract in the following cases:
- if repair and replacement are impossible or excessively expensive;
- if the Owner has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days;
- if the replacement or repair previously carried out has caused significant inconvenience to the User.
The User is still required to return the defective products.
Compensation and limitation of liability
Indemnifies
The User undertakes to keep the Owner harmless (as well as any companies controlled by it or its affiliates, its representatives, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, that should arise due to damage caused to other Users or to third parties, in relation to the content uploaded online, to the violation of the law or of the terms of these conditions of service.
Disclaimer
This website and all the features accessible through this website are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, explicit or implicit, that is not mandatory by law. In particular, no guarantee of suitability of the services offered for the particular purposes that the User sets is provided.
The use of this website and the features accessible through this website is carried out by Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of the applicable law, is liable for damages of a contractual and non-contractual nature against Users and third parties solely as willful misconduct or gross negligence when these constitute an immediate and direct consequence of the activity of this website. Therefore, the Owner will not be responsible for:
- any losses that are not a direct consequence of the violation of the Contract by the Owner;
- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenues, income, profits or presumed savings, loss of contracts or commercial relations, loss of reputation or goodwill value etc.);
- damages or losses deriving from interruptions or malfunctions of this website due to events of force majeure or, in any case, to unexpected and unforeseeable events and, in any case, independent of the will and unrelated to the sphere of control of the Owner, such as, for example, but not limited to , failures or interruptions to telephone or electrical lines, to the internet and / or to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the supply of third party products, services or applications set off;
- incorrect or unsuitable use of this website by Users or third parties.
Common provisions
Service interruption
To guarantee Users the best possible use of the Service, the Owner reserves the right to discontinue the Service for system maintenance or updating needs, informing Users through constant updates on this website.
Resale of the Service
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of this website and its Services without the prior written permission of the Owner, guaranteed directly or through a specific resale program.
The Owner could tolerate forms of resale made on a personal (one by one) and limited basis; any form of mass resale is expressly excluded.
Privacy policy
For information on the use of personal data, Users must refer to the privacy policy of this website.
Intellectual property rights
All brand of the present App, figurative or registered, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear concerning this website are and remain the exclusive property of the Owner. or its licensors and are protected by applicable trademark laws and related international treaties.
All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the contents published by these third parties on this website are and remain the exclusive property or in the availability of said third parties and their licensees and are protected by the laws in force on trademarks and by the related international treaties. The Owner does not own these intellectual property rights and can use them only within the limits and in accordance with the contracts concluded with these 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. In no case children under the age of 13 can use this website.
Conditions for receiving deliveries
The User who makes the purchase through this website also declares and guarantees that the person who will receive the shipment of the products purchased is of 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, giving notice to the User through its publication on this website.
The User who continues to use this website after the publication of the changes accepts the new Terms without reservation.
Transfer of the contract
The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User's rights provided herein are not affected.
The User will not be able to assign or transfer in any way their rights or obligations under the Terms without the written authorization of the Owner.
Communications
All communications relating to this website must be sent using the contact information indicated in the Contract.
Ineffectiveness and partial nullity
Should any clause of the Terms prove to be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be conditioned by this and will remain fully effective.
Applicable law and competent court
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Owner has its registered office.
The exclusive jurisdiction of the consumer is an exception, if the law provides for it.
Dispute resolution
Online dispute resolution for consumers
Il The consumer residing in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to settle any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available to answer any questions sent by email to the email address published in this document.