Terms & Conditions
TERMS AND CONDITIONS
These General Conditions of Sale regulate the sale and purchase of products carried out remotely, via telematic network, on the site lwine.myshopify.com
The products on the Site are offered and sold by Lorenzo Voltan , VAT number: 12103600966
- DEFINITIONS AND SCOPE OF APPLICATION
“USER”: the person who accesses the Site and makes the purchase of the Products
"RECIPIENT": the Subject, who may or may not coincide with the User, who receives delivery of the Products
“CONSUMER”: the Subject who meets the conditions set out in art. 3, paragraph 1, letter a) of the Consumer Code, or a natural person who makes the purchase for purposes other than professional activity
“PRODUCTS” : bottles of wine and other alcoholic beverages present on the Site
All purchases of Products made through the Site are governed by these General Conditions as well as by the Italian Consumer Code (Legislative Decree no. 206/2005), where applicable, and by Italian regulations on electronic commerce (Legislative Decree 70/2003), which implemented Community Directive no. 2000/31/EC.
- ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The User is required to carefully read these General Conditions of Sale, which Lorenzo Voltan makes available to him also in order to allow their reproduction and storage in compliance with the provisions of art. 12, 3rd paragraph of Legislative Decree 70/2003, before proceeding with any purchase. The forwarding of the purchase order implies their full knowledge and acceptance.
- PRODUCTS
3.1 lwine.myshopify.com (hereinafter “Site”) is an online sales site for wine and other alcoholic beverages (hereinafter, “Products”);
3.2 All the Products offered are illustrated in detail on the Site, within the respective sections, divided into Product categories in compliance with the provisions of the Consumer Code;
3.3 The visual representation of the Products on the Site, where available, has an indicative value and normally corresponds to the photographic image of the Products themselves and has the purpose of presenting them for sale, without any guarantee or commitment, by Lorenzo Voltan, regarding the exact correspondence of the image depicted on the Site with the real Product; this, with particular regard to the chromatic aspects of the Products and/or packaging.
In case of difference between the image and the written product sheet, the description in the Product Sheet always takes precedence.
3.4 The publication of the Products displayed on the Site constitutes an invitation to formulate a contractual purchase proposal.
- SITE REGISTRATION
4.1 The purchase of Products on the Site is also permitted to unregistered users;
- PURCHASE PROCEDURE
To submit the order, the User must click the appropriate button; from that moment, the order will be considered as a contractual purchase proposal addressed to Lorenzo Voltan for the products listed, each considered individually and will entail the complete and integral acceptance of these General Conditions.
- CONCLUSION OF THE CONTRACT
6.1 Upon receipt of the order, Lorenzo Voltan will automatically send the User a message confirming receipt of the order ("Order Receipt").
Order Receipt does not constitute acceptance of the purchase proposal; by sending Order Receipt, in fact, Lorenzo Voltan only confirms that he has received the order and has submitted it to a data verification process and the availability of the requested products;
6.2 The conclusion of the contract will only take place when Lorenzo Voltan sends the User a separate email - to the address provided - of acceptance of the purchase proposal ("Shipping Confirmation"). The message will reiterate, in addition to the information required by law, all the data entered, in relation to which the User undertakes to verify their correctness and to promptly communicate any corrections.
Should the User need further information, he/she may contact Lorenzo Voltan by writing or calling the contact details found in the “contacts” section of the site.
6.3 The User may request the cancellation of the order by sending a request to the email via the contact form before receiving the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case, no cost will be charged to the User.
6.4 In any case, the right of withdrawal remains unaffected under the terms and conditions set out in the following art.11.
6.5 Occasional unavailability of the Products offered may occur; in this case, if the Products you have chosen are not, in whole or in part, available, the Customer Service will contact the User by email, who may decide to cancel the order, wait for the Product/s to become available again or receive only the available Products.
6.6 Lorenzo Voltan reserves the right not to accept purchase proposals and cancel orders that do not provide sufficient guarantees of solvency if - following comparison with the circuit that manages credit card payments - anomalies are found in the transactions and means of payment used; in this case the User will be promptly notified by email.
- PRODUCT PRICES
7.2 The price of the Products may be modified by Lorenzo Voltan at any time, without notice, it being understood that the price charged to the User will be the one published on the information sheet illustrating the main characteristics of the Product ( Product Sheet ) at the time the order is sent. Any variations (increases or decreases) in price subsequent to the transmission of the order will not be taken into account;
- BILLING AND PAYMENT METHODS
8.1 By placing an order on the Site, the User agrees to receive the invoice, if requested, only in electronic format, which can be printed and archived as the original. For the issuing of the invoice, the information provided for this purpose by the User will be valid, who declares and guarantees that it is true, obliging himself to indemnify and hold Lorenzo Voltan harmless from any damage, including sanctions issued by the competent authorities, that may arise in the event of failure to correspond to the truth of the same;
8.2 In the event that one of these payment methods/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure;
8.3 The User may make the payment due by choosing one of the following methods listed:
- Payment by credit card: In case the User intends to make the payment by credit card, he can use the payment procedure with PayPal , suitable to ensure the confidentiality of the data provided. Payments with PayPal require only an authorization or a reservation of the money without actual debit at the time the order is placed.
The payment will be actually charged only when the Products are delivered to the courier in charge of the shipment. For any information and further Legal Agreements, Lorenzo Voltan invites the User to consult the site www.paypal.com .
- DELIVERY OF PRODUCTS
9.1 Lorenzo Voltan undertakes to deliver the Products without undue delay and in any case no later than thirty days from the conclusion of the contract. The delivery of the Products will be carried out by courier, and the times will vary depending on the destination. The terms indicated at the time of the purchase order are indicative;
9.2 Lorenzo Voltan delivers to all countries indicated on the Site and delivery will take place without an appointment;
9.3 As soon as the package is handed over to the courier, its electronic tracking will begin and the day of arrival will be estimated. The User will be able to follow the progress of the delivery by accessing the courier's tracking page, via the link that will be sent to the address provided. In the event that the order is processed through multiple shipments, the User may receive separate Shipping Confirmations;
9.4 The Products ordered on the site are delivered from Monday to Friday from 8:00 to 20:00, excluding national holidays, according to the methods indicated by the courier;
9.5 Delivery will take place at the address specified by the User when ordering online. Any specific needs must be reported via the contact form.
In the event of non-delivery due to the recipient's absence, at the address indicated in the order, the courier will leave a notice and try again a second time; if the recipient is still absent , Customer Service will attempt to contact the User to schedule a further delivery. In the event that Customer Service is unable to contact the User for the next 10 days or in the event of further impossibility of delivery due to the recipient's absence, the Products in the order will be returned to the sender. In this case, the User will have the right, for one year, starting from the date of the order, to obtain a bonus equal to the value of the order net of shipping costs, to spend on the Site;
9.6 Lorenzo Voltan cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User;
9.7 Furthermore, no liability, for any reason whatsoever, may be attributed to Lorenzo Voltan in the event of a delay in processing the order or in the delivery of the Products covered by the Purchase Contracts;
9.8 Cases of force majeure, unavailability of means of transport, pandemics, as well as unforeseeable or unavoidable events that cause a delay in deliveries or make deliveries difficult or impossible or cause a significant increase in the cost of delivery to be borne by Lorenzo Voltan , will give the latter the right to split, postpone or cancel, in whole or in part, the expected delivery, or to terminate the Purchase Agreement. In such cases, Lorenzo Voltan will provide timely and adequate communication of its decisions to the email address indicated by the User, who will have the right to a refund of any price already paid, excluding any further claim, for any reason, against Lorenzo Voltan ;
9.9 The risk of loss or damage to the Products, for reasons not attributable to Lorenzo Voltan, is transferred to the recipient of the goods when the recipient, or a third party designated by the recipient and other than the courier, physically takes possession of the Product.
Therefore, the User/Recipient of the Products, at the time of delivery by the courier, must carefully check:
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a) That the tamper-proof label is intact and the packaging is not damaged or altered in any way.
b) That the number of pieces delivered corresponds to that indicated in the transport document.
The User/Recipient of the Products is required to indicate any anomalies on the courier's transport document, accepting the package with RESERVATION (e.g. damaged package, wet package, ...). In fact, the unreserved receipt of the Products will not allow the User to take legal action against the courier and/or Lorenzo Voltan, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to fraud or gross negligence of the courier himself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that, in the latter case, the damage is reported as soon as it is discovered and no later than eight days after receipt.
In the event that the package shows obvious signs of tampering or alteration, the recipient must promptly notify Lorenzo Voltan Customer Service .
In any case, the application of the rules regarding the right of withdrawal and the legal guarantee of conformity remains unchanged.
- RETENTION OF TITLE
The Products will remain the property of Lorenzo Voltan until the User has paid the Total Amount Due.
- RIGHT OF WITHDRAWAL
11.1 Pursuant to the legislation in force for the protection of consumers, Legislative Decree 206/2005 and subsequent additions and amendments, and therefore only where the User qualifies as a Consumer, the User has the right to withdraw from the order placed, without having to provide any reason and without penalty, within 14 days from the day of receipt of the purchased goods. If the User has appointed a trusted person to collect the goods, the right of withdrawal starts from the day of delivery of the product to the designated person, other than the courier;
11.2 If the User decides to exercise the right of withdrawal, he/she must communicate this by email.
- 11.3 In order to validly exercise the right of withdrawal, the relevant communication must be sent within the 14-day period (the date of delivery to the post office will be considered valid between the Parties).
- EFFECTS OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL AND RETURN
12.1 Where the User exercises the right of withdrawal, he/she must return the product/products to Lorenzo Voltan within 14 days from the day on which he/she communicated the withdrawal.
The returned product must be accompanied by a copy of the electronic receipt of the order. The User will be held responsible only for the decrease in value of the goods resulting from handling of the Product other than that necessary to recognize the Product with certainty. The Product must in any case be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the Product, intact and not tampered with, as well as free from signs of wear. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute autonomous Products) of the Product.
12.2 If the right of withdrawal has been exercised in accordance with the provisions contained in clauses 11 and 12, Lorenzo Voltan will refund the User all sums paid, except for the costs of returning the product, which are the sole responsibility of the User. In particular, Lorenzo Voltan will proceed free of charge to transmit the re-credit order relating to the cost of the goods shipped including shipping costs (in the case of partial withdrawal, the amount of delivery costs to be refunded following withdrawal will be calculated proportionally to the value of the goods subject to withdrawal). This operation will be carried out with credit on the same means of payment used by the User for the purchase or via the means possibly agreed between the Parties ;
12.3 The refund of the sums in favour of the User is free of charge and is carried out as quickly as possible, and in any case within 14 days from the date on which Lorenzo Voltan comes into possession of the Products, verifying their integrity in all their parts, their lack of use and their return in the original packaging;
12.4 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund. Lorenzo Voltan will notify the User, rejecting the request for withdrawal. The Product, if already received by Lorenzo Voltan, will remain at the same available for collection which must be carried out at the User's expense and care.
12.5 Unsealed/opened/partially used/ custom-made or clearly personalized Products are not refundable in any way pursuant to art. 59 of the Consumer Code.
- CUSTOMS
13.1 If the products ordered are to be delivered outside of Italy, the User may be subject to import duties and taxes, payable once the package reaches the specified destination;
13.2 Deliveries across borders are subject to opening and inspection of the products by customs authorities. Any additional customs clearance costs will therefore be borne by the User, as Lorenzo Voltan has no control over such costs and cannot predict their amount, which the User may, where interested, obtain information about by contacting the local customs office;
13.3 Lorenzo Voltan advises the User that, when placing orders on the site, the latter is considered as the importer and, therefore, is required to comply with all legislation and regulations of the country in which he will receive the Products.
- WARRANTY OF CONFORMITY AND DEFECTIVE PRODUCTS
14.1 All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of Legislative Decree no. 128-135 of the Consumer Code ( Legal Guarantee ). The Legal Guarantee is reserved for consumers. It therefore applies only where the User has made the purchase on the Site for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out.
Where the User has purchased on the Site but does not have the status of consumer, the guarantee for defects in the item sold, the guarantee for lack of promised and essential quality and the other guarantees provided for by the Italian Civil Code with the related terms, forfeitures and limitations will be applied to the User;
14.2 Lorenzo Voltan guarantees compliance with all regulations regarding the conservation of the products until the moment of delivery to the place indicated in the order. Any defects or faults caused by accidental events or by the responsibility of the User/recipient or by use of the product that does not comply with its intended use and/or with what is provided in the indications/instructions contained in the information for use of the product itself, including those relating to the time and method of conservation of the product, are excluded from the scope of the Legal Guarantee;
- ERRORS
The information relating to the Products provided through the Site is constantly updated; however, it is not possible to guarantee the complete absence of errors.
Lorenzo Voltan reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice.
- INTELLECTUAL PROPERTY RIGHTS
All trademarks (registered or not), as well as any and all intellectual works, distinctive signs or names, images, photographs, written or graphic texts and, more generally, any other intangible assets protected by international laws and conventions on intellectual property and industrial property, reproduced on the Site, are the exclusive property of Lorenzo Voltan and/or its licensors, without access to the Site and/or the stipulation of Purchase Contracts deriving any right to the User over the same. Any use, even partial, of the same is prohibited without the prior written authorization of Lorenzo Voltan, in whose favor all related rights are reserved, exclusively.
- CHANGES TO THE GENERAL CONDITIONS OF SALE
17.1 Lorenzo Voltan. may modify, at any time and without notice, the content of the General Conditions;
17.2 The User will be subject to the policies and terms of the General Conditions of Sale in force from time to time at the time in which he places the order of the Products, unless any changes to such policies and terms are required by applicable Law or by the competent Authorities (in which case, they will also apply to orders that the User has previously placed);
17.3 If any provision of these conditions is held to be invalid, void or for any reason unenforceable, such condition shall not affect the validity and effectiveness of the other provisions.
- LIMITATIONS OF LIABILITY
18.1 Lorenzo Voltan, within the limits of applicable law, is liable for damages of a contractual nature towards the User and Third Parties exclusively in the event of fraud or gross negligence, when these constitute an immediate and direct consequence of its activity.
Therefore, by way of example and not limited to, Lorenzo Voltan will not be responsible for:
- any losses which are not an immediate and direct consequence of the breach of the Contract by you
by Lorenzo Voltan and which were not foreseeable at the time of conclusion of the contract;
- any loss of business opportunity and any other loss, even indirect, possibly suffered by the User and/or the Recipient (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of lwine.myshopify.com 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 Lorenzo Voltan such as, by way of example and not limited to, failures or interruptions to telephone or electrical lines, to the Internet network and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications;
- incorrect or unsuitable use of the site by Users or Third Parties;
- contractual or extra-contractual liability for direct or indirect damages to persons and/or things caused by the failure to accept or fulfill, even partially, an order.
18.2 Lorenzo Voltan's liability, in any case, may not exceed the total value of the purchase order.
- SERVICE INTERRUPTION
To ensure the User the best possible use of the Service, Lorenzo Voltan reserves the right to interrupt the Service for maintenance or system update needs, informing Users through constant updates in this regard.
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WAIVER
In the event of non-compliance by the User with these General Conditions of Sale, the failure by Lorenzo Voltan to exercise the right to take action against the same, does not represent a waiver to act for the violation of commitments undertaken.
- COMPLAINTS
For any complaint or clarification, the User must write to the email address via the contact form . The User will then be contacted for clarification approximately within 3 (three) working days from the request.
- MINORS
22.1 Lorenzo Voltan promotes the responsible consumption of alcohol; therefore, with reference to Italian citizens, sales on the Site are reserved only to those who are 18 years of age or older ;
22.2 The User who is not an Italian citizen can purchase Products on the Site only if he/she is of legal age according to his/her national law. Where there is no legislation in this regard, it is necessary to be at least 21 years old;
22.3 In any case, the User who makes purchases on the Site undertakes to indemnify Lorenzo Voltan from any liability in the event that he has made purchases on the Site without respecting his own national law regarding purchase limits for reasons of age.
- APPLICABLE LAW AND JURISDICTION
17.1 The sales contract between the User and Lorenzo Voltan is deemed to be concluded in Italy and regulated by Italian law.
17.2 For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, where the User is a Consumer, the territorial jurisdiction is that of the Court of reference of the municipality of residence or elected domicile, if located in the Italian territory, of the same.
17.3 In all other cases, including the case in which the User's residence or domicile is not located in Italian territory, the territorial jurisdiction is exclusively that of the Court of Turin.
- CONTACTS
Lorenzo Voltan
VAT: 12103600966
Pursuant to articles 1341 and 1342, the User declares to have carefully read and expressly accept in particular the following clauses of the General Conditions of Sale:
- DELIVERY OF PRODUCTS
- RIGHT OF WITHDRAWAL
- EFFECTS OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL AND RETURN
- CHANGES TO THE GENERAL CONDITIONS OF SALE
- LIMITATIONS OF LIABILITY
- APPLICABLE LAW AND JURISDICTION