Terms and conditions
ITALIANWINESELECTION.COM™ TERMS AND CONDITIONS OF SALE
1 Premises and acceptance of the General Conditions of Sale
2 Ownership of the website - Type of offers
This Website is property of Aurora SNC, with registered office in Sorrento ( Naples), Italy, 80067, Piazza Tasso , 10, C.F. 04800220636 and VAT number 01362081216, Business Register NA 396261. Italian Wine Selection Enoteca On Line is a registered trademark by Aurora SNC.
Products on the Site are resold by Italianwineselection.com™ directly, also in the form of drop-shipping (hereinafter also "Direct Sales") or by Italianwineselection.com™ business partners (hereinafter also "Partner"). Unless otherwise specified on product information page, it must be understood that products are sold directly by IWS.com™. On the other hand, in case of product sale by a Partner, IWS.com™ simply acts as an intermediary (hereinafter also "Intermediate Sales") and operates in the name and on behalf of the Partner, remaining in effect extraneous to the relationship, and therefore to the sales contracts stipulated between the User and the Partner itself. Products can be sold either through a permanent catalogue, and through "flash-deal" formulas or through product offers that are time and quantity limited. Product offer ranges from categories such as food, alcohol and accessories (wines, sparkling wines, beers, rums, grappas, other spirits, coffee), packaged products such as sauces, honey, canned meats and other food related products and accessories for the preparation, consumption or conservation of food). Following an order transaction, IWS.com™ will send User an order confirmation and, in case of Intermediate Sales, an indication of the possible Partner who will be responsible for shipping the products.
3 Registration to the Website
The Site is only accessible to Users who have turned 18 years of age. Navigation and use of the services offered in the Site can be accessed after registration. Registration is free. Users who sign up on the site will have to provide some personal information and follow all procedure steps (hereinafter also "Complete Registration"). Upon registration completion, the User will be requested to choose a Username and a Password. The User agrees to keep the password private and not give it to third parties, not even temporarily and to keep it with due care, diligence, and secrecy under his/her own responsibility. These credentials are indeed the only mean to identify the User and to validate his/her access to the offers. Therefore, the User is informed that all actions carried out using these credentials will be attributed to him/her and will have binding force. The User is asked to immediately inform IWS.com™ about any unauthorized or improper use of his/her access credentials or to report any violations by third parties. Should IWS.com™ find any violations; it can block the access at its discretion, permanently delete the information contained therein or refuse to let the same User open multiple accounts. User will be able to update, and/or change the information provided upon registration or request its cancellation. In case of a cancellation request, however, IWS.com™ will temporarily keep all or part of this information, only for the purpose of processing any order made and/or to be able to complete accounting and tax procedures. Full Registration is necessary to order products and to access summary information related to User activities on the website (also "Account"). Also, a partial registration is allowed on the site (hereinafter also "partial registration"), by entering only the User email address. Partial Registration allows the User to only receive the newsletter, and not order products and/or services, or carry out other actions on the Website.
4 Offer conditions
On IWS.com™ customer can order products at website prices. In accordance with its commercial policy, IWS.com™ reserves the right not to process orders from subjects other than the "consumer". Also, IWS.com™ does not sell alcohol to anyone below 18 years of age. By placing the order, consumer confirms that the person who is making the order and, if different, the recipient of the products are both over 18 years of age. Prices are in Euro and are inclusive of VAT. Shipping costs can be fixed or variable and are calculated based on the weight, number of selected products and/or product destination. Shipping costs may also be included in the sale price for some products or be free if the order total is higher than a limit amount or if there is a special offer.However, User is always informed about shipping costs amount before checkout and before making the payment. The images attached to product or offer information sheets may not exactly reproduce product characteristics but could be different in color, size and accessories. All order support information is intended as simple, generic information material, therefore not reproducing the real characteristics of a single offer. Offer validity may be subject to quantity or time limitations, after which it may no longer be available. Offer validity date and quantities are listed on the website to inform User about them. IWS.com™ may change the duration or quantity of an offer at any time and at its discretion, always making sure to follow up on orders placed when a specific offer was valid. An offer may be posted several times over time, also following agreements with the Partner or products suppliers. In some cases, it can happen that a product goes out of stock after order placement. When this happens, IWS.com™ will refund the User, if certain conditions are met. It is also possible that for some product offers, a specific product is unavailable and User will be asked to specify one or more preferences upon order: in such circumstances, the User is aware that he/she may receive a different product variant than the one selected upon order. As stated above, in case of promotional sales or flash-deal formulas, full price indicated in the offer ("strikethrough price") and based on which IWS.com™ discount is calculated may correspond to: (i) the public list price indicated by the supplier; (ii) the results of market surveys. Methods for calculating the Strikethrough Price vary per product. IWS.com™ may also provide a monthly subscription service (" Subscription Service "), e.g. on an ongoing basis and following a request for service activation made by the User, and until he/she requests deactivation. The service provides supply and delivery of wine and/or products chosen by IWS.com™ at its total discretion and selected among those in the catalog. This is possible upon payment of a fee specified on the Site. IWS.com™ may donate a percentage of the order total to charities, where possible, allocating it to the entity that appears on the Platform from time to time and in accordance with its own regulations on liberal donations. For instance, IWS.com™ may donate these amounts to research institutions, hospitals, ONLUS etc. In these cases, User can view the amount that will be donated to charity before checkout, on the shopping cart summary page.
5 Order procedure and payment method
6 Secure payments
IWS.com™ cares about the security of its Users. IWS.com™ does not process and does not store payment title data (e.g. credit card numbers), which are treated and/or kept by relevant payment service providers. There are fields to enter protected and encrypted payment data, managed directly by the payment service (Braintree, a company of the PayPal group, Inc. More information on Braintree here and on PayPal here). Only after payment transaction has taken place, the banking service provider informs IWS.com™ about payment outcome, without disclosing any sensitive information. For this reason, IWS.com™ is not responsible for any refusal of the credit card used for payment. Italianwineselection.com™ cannot therefore be held responsible in any way for direct or indirect consequences of credit card use to pay for ordered products and/or services. Navigation on IWS.com™ is protected and encrypted with a "128/256-bit Extended Validation SSL" security certificate, issued by Symantec/DigiCert and following a precise and constant authentication process of the company's information and of the ownership of the domain. It is also possible to verify the authenticity of the certificate and its ownership by clicking on the appropriate protection section of the browser in use, generally next to the address bar, on the title of the page or on the status bar.
IWS.com™ can issue discount codes (hereinafter also "Coupon") that User will be able to use upon order. Coupons are issued in the form of an alphanumeric code and their value (€) is incontestable and determined by IWS.com™ at its sole discretion. User can enter coupon code in the appropriate field "Coupon" upon order. In this way, the entered coupon will automatically be deducted from order total before payment, excluding shipping costs. Coupons percentage discounts are not applied to products that are currently on offer. Coupons are generally available to User for a limited period of time, after which they expire. There can be a minimum order amount for coupon use, below which coupon is not valid. Unless otherwise specified, Coupon is personal, associated to User Account and it can be used on a single order, after which it will automatically be deactivated. Coupons can not be combined. Coupons can not be sold, assigned and/or transferred to third parties unless authorized by IWS.com™. IWS.com™ reserves the right to cancel any previously issued Coupon, even before the deadline, without having to provide any explanation and without the right to indemnity or compensation. IWS.com™ may also issue Coupons for Users who invite acquaintances, friends and family to view website offers and sign up on it. The site provides some functionalities to invite other people; such as "Recommend to a friend", "Send email with an offer", "Share on Facebook", "Twitter", other social networks etc. For each new guest ordering a product on offer within a certain time period, IWS.com™ will grant User a Coupon, to be used through User Account and valid on next order. IWS.com™ will determine coupon value from time to time at its discretion and reserves the right to eliminate Coupons issued in favor of users who make improper use of them, without any prior notice and without the right to indemnity or compensation.
8 Shipping and delivery
IWS.com™ and possible Partners accept orders that can be delivered throughout Italy, including islands, in Europe, USA and all the States indicated on the Site. Shipping takes place within the time limit stated in offer conditions and, in case of time-limited offers (flash-deals), it could start from offer end date. Shipping takes place within the time frame specified in order confirmation. Delivery time can also be displayed before checkout, in the cart summary or on product page. This information is only an estimation, as it is not always possible to predict any courier delay. However, IWS.com, regarding shippings in Italy aims at delivering the products within 10 working days from order date, unless otherwise specified on the product sheet, and on average orders are delivered in 24/48 working hours throughout Italy, except for the islands, for which average delivery time is 48/72 working hours.
Regarding the shipping in Europe and USA, depends on the curriers policy. In the unlikely event that products become unavailable for any reason after IWS.com receives the order, any payment received will be refunded, at no additional cost for the User. The User can be informed by email when product is shipped by IWS.com™, both in case of Direct Sales and Intermediate Sales. In the latter case, User will be notified when Partner informs IWS.com™ that the shipping has taken place. User will be given the name of the courier, if available, and the tracking code of the shipment (Waybill or "Tracking"), through which it will be possible to follow shipment status. If available, this information will also be visible in the User Account. IWS.com™ cannot guarantee that several products ordered at the same time will be delivered together, nor that different shipments will arrive at their destination at the same time. Offers, in fact, may refer to products supplied by different Partners and/or not come from a single centralized warehouse. It is not possible to guarantee a specific delivery time or date as this depends on the courier, the destination address and the person in charge of delivery. IWS.com™ cannot therefore be held responsible for any direct or indirect consequences of different delivery time. Order delivery is intended at street level, unless otherwise specified upon order. When shipping bottles, Italianwineselection.com™ uses patented packaging approved by the courier, designed to ensure product integrity. However, User will be required to check upon delivery that the packaging is intact, not damaged, or otherwise altered, not even in the sealing (adhesive tape or package holders) and that there are no leaks. Any damage to the packaging and/or to the product must be immediately contested by the User, by writing a request for a check on the delivery document and providing a reason, e.g. "holes in the packaging", "Pressed packaging", etc.). Once this document has been signed, the User will no longer be able to make any claim about delivered product status. Any issue with product integrity, match or completeness must be reported within 3 days from delivery, by writing an email to: email@example.com or to the Partner's email address indicated in the order confirmation and in the User Account. In case product delivery takes longer than expected, User will be required to notify IWS.com™, which will check upon shipment status or other issues with the Partner and/or directly with the courier. Following a shipping problem (package lost or destroyed during transport) IWS.com™ will send the product again, in case of Direct Sales, or request a new shipping, in case of Direct Sales with drop shipping or Intermediary Sales, if the product is available at the warehouse or if the Partner has it in stock, with no extra costs for the User. This means it will be refunded total order amount in case of Direct Sale or let the Partner proceed with the refund (directly or through Italianwineselection.com™), in case of Intermediate Sales.
9 Product compliance guarantee
IWS.com™ works diligently and in good faith in selecting suppliers and Partners, making sure they can supply product quantities as described in the sale offers and with specific characteristics, being understood that IWS.com™ can not be held responsible for damages to persons caused by possible violations on the producers side. However, IWS.com™ can not guarantee information completeness for the supplier or partner, or a perfect match between what is described in the product sheet or offer and the product actually delivered, as as well as a legitimate use of images, videos and distinctive signs by the Supplier or Partner. The User is also aware that images used for proposals can sometimes only be indicative of the product and do not always exactly match the product delivered. In case of Intermediate Sales, and therefore Partner supplied products, Partner will be the sole responsible for under warranty products compliance. Any complaint must be sent directly to the Partner's email address on order confirmation page and also to firstname.lastname@example.org. Partner will indicate verification, repair or replacement methods for the products and authorize IWS.com™ to issue a refund in favor of the User. In case of Direct Sales, IWS.com™ will be the direct responsible for under warranty products compliance. In case of non-compliant products, the User can contact IWS.com™ by sending an email to: email@example.com. IWS.com ™ will provide the name of a repair center for checking and repairing products under warranty or, once the problem has been detected, it will pay for consequent repair or replacement, which means issuing a refund on User's credit card used for the initial payment or issuing a Coupon with the same value as the ordered product. However, the legal guarantee is reserved for consumers and for those who made an order on IWS.com™ for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity they might be involved in.
The User who requests a service for purposes unrelated to his professional activity has the right to withdraw from the online sales contract stipulated with IWS.com™ or with the Partner with no penalties and without providing any given explanation, pursuant to and by effect of art. 52 par. 1 of the Italian Consumer Code, within 14 days from the date he/she received the products ordered on IWS.com™. Customer can withdraw from the contract, pursuant to art. 54 par. 1 of the Consumer Code, by filling the form in Annex I, part B of the Consumer Code or by submitting any explicit declaration of his/her decision to withdraw from the contract. This declaration should be sent either by registered mail to Aurora SNC Piazza Tasso 10, 80067 Sorrento ( Naples) or by email to firstname.lastname@example.org or by fax to +390815324546. In case of Intermediate Sales, it is also possible to send the document to the Partner's email address indicated on order confirmation page and in the User Account, putting IWS.com™ in CC. The registered mail, e-mail or fax should contain an indication of the product and order number. The burden of proof of exercising the right of withdrawal in accordance with Consumer Code regulations shall be on the User. . In order to exercise the right of withdrawal, unless IWS.com™ or the Partner collects the products for the User, he/she will have to return products without undue delay and always within 14 days from the date on which he/she informed IWS.com™ or the Partner about his/her decision to withdraw from the contract, pursuant to art. 54, par. 4. User will have to apply the document received from IWS.com™ on the packaging, making sure it is visible and includes shipping address and necessary order details, to better identify the returned product at destination. The User is advised to insert a copy of this document also inside the packaging, in order to prevent loss and inability to identify the returned product once it has reached the warehouse. Shipping costs shall be on the user unless IWS.com™ informed him/her about it upon contract termination, according to art. 57 par. 1 of the Consumer Code. Products should always be kept, handled and inspected with the usual diligence and returned intact, complete in all their parts, with all accessories and instruction sheets, identification tags and original labels, where present, still attached. They should be unbroken and not tampered with, as well as perfectly suitable for their intended use and free from signs of wear or dirt. Pursuant to art. 57 par. 2 of the Consumer Code, the User is responsible for any decrease in value resulting from product manipulation other than that necessary to establish the nature, characteristics and functioning of the products. In this case, IWS.com™ may lower refund amount due to this decrease in value. A written notice should be delivered to inform the User, within 5 working days from products reception. In the event that the refund has already been made, it should provide the User with bank details for payment of the amount owed by the User due to the product decrease in value. IWS.com™ may refuse to accept a return for food products that have been even partially consumed. Pursuant to art. 59 of the Consumer Code, tailor and custom-made products or products which cannot be sent back or are subject to changes in taste or deterioration cannot be returned.
11 Exceptions to Right of Withdrawal
It remains understood that, with reference to service provisions, user cannot exercise the right of withdrawal after receiving all products from IWS.com™ if product supply started in express agreement with the user and he/she accepted to lose the right of withdrawal after full service from IWS.com™. However, according to art. 59 of the Italian Consumer Code, tailor or custom-made products cannot be returned, along with those products that are subject to changes in taste and deterioration.
Possible due refunds from IWS.com™ will be made in accordance with art.56 par. 1 of the Italian Consumer Code as soon as possible and always within 14 days from which the event that caused the refund took place and, in case of a product return, from the day on which IWS.com is informed that the User is exercising the right to return it. IWS.com™ will proceed with the refund using the same payment method as the user did for the initial transaction, unless differently agreed with the User and unless he/she needs to bear costs for a different payment method. If the user explicitly chose a different delivery method with higher delivery fees compared to standard delivery by IWS.com™ ("ExtraFees"), Italianwineselection.com™ will not have to refund respective extra costs. It remains understood that, unless Italianwineselection.com™ decided to return the products directly, it will be able to stop the refund procedure until products are received or until the User has provided proof of product return, based on what scenary occurs first.
13 IWS.com™ responsibility
IWS.com™ will not be held responsible for damages caused by website use, such as viruses, omissions, service interruptions and software malfunctionings, also on user's devices, that impede or delay service provision. In case all these are due to external circumstances, they are all beyond IWS.com™ responsibility. It will only be held responsible for possible vices or changes in Direct Sales, while it will not under any circumstances be responsible for changes in Intermediary Sales, for which only the Partner will bear responsibility towards the User. Consequently, the User is informed that in these situations he/she will have to address complaints only to the Partner. IWS.com™ and/or the Partner cannot under any circumstances be held responsible for vices or changes out of their direct control, e.g. (i) force majeure; (ii) events caused by third parties, such as the interruption or malfunctionings of telephone providers services and/or power lines, or omissions from shippers or carriers.
14 Industrial and intellectual properties
Provided that there is a limitation on the use of Partners' distinctive signs, IWS.com™ holds all rights related to the graphic and conceptual content of the website, as well as the distinctive signs visible on it. Reproduction, even partial, of the content and the graphic of the Site, is prohibited, as well as sign reproduction. IWS.com™ also holds the Site management technology platform.
Fax +390815324546 Upon registration, the User may be required to give his/her consent to the receipt of commercial information, including newsletters. In this case, User can choose whether to agree or not.
17 Links to third-party websites
The Site can contain links, in the form of hyperlinks or banners, to external and third-party websites. IWS.com™ does not exercise any control over these websites and is not responsible for the accuracy, nature, quality and completeness of the information contained in them. The content of these sites does not represent IWS.com™ and its products, services or information.
18 Conciliation procedure. Applicable law and competent Court
19 Alternative dispute resolution (so-called Alternative Dispute Resolution/ On Line Dispute Resolution) and Netcomm Joint Conciliation
Pursuant to article 141-sexies of the Consumer Code, Italianwineselection.com™ informs consumer User that, if he/she has submitted a complaint to Italianwineselection.com™, but was not satisfied with the outcome or did not receive a reply within 30 days, he/she can start the joint conciliation procedure set up by the Netcomm Consortium. User can find more information on this procedure as well as the link to its regulation at http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl. Application form should be sent to email@example.com or by fax to the following number: +39 02 87181126. The conciliation procedure before the Netcomm Consortium will be carried out in accordance with art. 49 par. 1 letter V of the Legislative Decree of 6 September 2005 n. 206 (Consumer Code). Italianwineselection.com™ also informs consumer User that with EU Regulation 524/2013 of 21 May 2013, a European platform was established for online resolution of consumer disputes, which can be accessed at the following address http://ec.europa.eu/consumers/odr/ ("ODR Platform"). Through the ODR Platform, consumer will be able to consult the list of ADR bodies, find the link to their websites and start an online resolution procedure for the dispute in which he/she is involved. For more information, you can contact Italianwineselection.com™ by email: firstname.lastname@example.org.