Terms and conditions of service
This document contains the general terms and conditions of use of the website and the application InVinoVegan.com , the e-commerce site dedicated to Italian, organic and vegan wines, provided by the Application Owner.
1 Definitions
To allow for a complete understanding and acceptance of these terms and conditions, the following terms, both singular and plural, shall have the meanings indicated below:
• Owner : Projetika Srl Società Benefit , with registered office in Via Emanuele Filiberto 2 – 20149 Milan (MI), VAT number / Fiscal Code 10705210960, fully paid-up share capital €10,000.00, certified email address projetikasrl@legalmail.it
• Application : The InVinoVegan.com website and application
• Products : the material products sold by the Owner
• User : any person who accesses and uses the Application
• Consumer User : the adult natural person who enters into a contract for purposes outside of his/her entrepreneurial, commercial, artisanal or professional activity, if any
• Professional User : the adult natural person or legal person who enters into a contract for the performance or needs of their entrepreneurial, commercial, artisanal or professional activity
• Content : any textual or multimedia element present on the Application, for example advertisements, listings, reviews, images, etc.
• Conditions : this contract governs the relationship between the Owner and the Users and the sale of the Products offered by the Owner through the Application.
2 Scope of application of the Conditions
Use of the Application implies acceptance of the Terms and Conditions by the User. If the User does not accept the Terms and/or any other notices, legal notices, or information published or referenced therein, he or she may not use the Application or its related services.
The Conditions may be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to change, at its sole discretion and at any time, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating the relevant instructions to the User, where necessary.
3 Purchase via the Application
All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery times and costs, additional charges, etc.). Some errors, inaccuracies, or small differences between the information published on the Application and the actual Product may occur. Furthermore, any Product images are for illustrative purposes only and do not constitute a contractual element.
Purchases of one or more Products through the Application are permitted to both Consumer Users and Professional Users.
Purchases are permitted only to individuals of legal age. For minors, any purchase and/or request for delivery of Products through the Application must be reviewed and authorized by their parents or legal guardians.
The offer of Products through the Application constitutes an invitation to offer, and the order submitted by the User will constitute a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have the right, at its sole discretion, to accept or reject the User's order, without the User being entitled to raise any objections or complaints for any reason whatsoever.
The contract for the sale of the Products is deemed concluded upon the Owner's acceptance of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending an order confirmation to the email address provided by the User. This confirmation will include the order date, the User's information, the Product's characteristics and availability, the price or price calculation method, any additional charges and taxes, the delivery address, delivery times and costs, the methods for exercising the right of withdrawal or its exclusion, and the warranty.
The contract for the sale of the Products shall not be considered effective between the parties in the absence of what is indicated in the previous point.
If the Product is unavailable, the Owner will inform the User of the new delivery or supply terms, asking whether or not to confirm the order. It is understood that the contract will be deemed finalized for the Products accepted by the Owner.
The User undertakes to verify the accuracy of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of his/her order, the related confirmation and the Conditions.
4 Subscription
The Application offers subscription-based Products. The features and subscription terms are detailed in the Application.
To subscribe, the User must follow the procedure indicated in the Application and enter the requested information. Any subscription charges will begin on the date specified and with the frequency indicated at the time of subscription.
The subscription is renewed according to the methods and times indicated in the Application.
Users can deactivate the renewal through the Application or by contacting customer support at the email address info@invinovegan.com or by calling 02 954205327 or by changing the preferences of the payment method used in the “ My Account ” section.
5 Prices and payments
For each Product, the price is indicated, including VAT, if applicable. If the nature of the Product makes it impossible to calculate the price in advance, the price calculation methods are indicated.
Furthermore, any taxes, additional fees, and delivery charges that may vary depending on the destination, delivery method selected, and/or payment method used will be indicated. If these costs cannot reasonably be calculated in advance, the costs to be charged to the User will be indicated.
The Owner reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes will not affect contracts already concluded prior to the change.
The User undertakes to pay the price of the Product within the time and manner indicated in the Application and to communicate all necessary data that may be requested.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, cardholder name, password, etc.).
If such third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held liable in any way.
6 Billing
The User who wishes to receive an invoice will be asked for their billing information.
For the issuance of the invoice, the information provided by the User will be used, which the User declares and guarantees to be true, releasing the Owner from all liability in this regard.
7 Methods of delivery of material Products
Physical Products (including any physical goods with digital elements) will be delivered to the address indicated by the User, using the methods and within the timeframe chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery times specified in the order confirmation indicate the period of time typically required to deliver the Product from the time the courier takes charge.
In the event that it is not possible to supply the requested Products, the User will be promptly notified via email, indicating when it is expected that they will be delivered or the reasons that make supply impossible.
If the User does not intend to accept the new deadline or delivery has become impossible, he or she may request a refund of the amount paid, which will be promptly credited using the same payment method used by the User for the purchase, no later than 14 days from the date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify its conformity with the order placed and the integrity of the packaging. If there is obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and return it free of charge. Once the delivery document has been signed, the User may not raise any objections regarding the external characteristics of the delivered Products.
The Owner shall not be liable to any party or third party for damages, losses, or costs incurred as a result of failure to perform the contract due to force majeure.
8 Exclusion of the right of withdrawal for Professional Users
Professional Users are not entitled to the right of withdrawal from the contract for the sale or supply of Products. Users expressly acknowledge that indicating a VAT number in the order automatically qualifies them as Professional Users, who are not entitled to the right of withdrawal.
9 Right of withdrawal of Users from the purchase of material Products
The Consumer User has the right to withdraw without any penalty and without specifying the reason within 30 days from the date of receipt of the Product, by sending a written communication to the e-mail address info@invinovegan.com or by filling out the appropriate form online form .
In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the 30-day term for exercising the right of withdrawal starts from the day on which the last Product was received.
In the event of withdrawal, the User must return the Product to the Owner without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User will only bear the direct cost of returning the Product, unless the Owner has declared that he will bear it.
In the event of a correctly exercised withdrawal, the Owner will refund the payments received from the User, using the same payment method used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated his/her wish to withdraw from the contract.
The Owner is not required to reimburse delivery costs if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.
The Owner, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.
The Owner will not accept returns if the Product is malfunctioning due to improper use, negligence, physical, aesthetic, or superficial damage or alterations, tampering, improper maintenance, wear and tear, or the absence of integral product elements (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the sender the shipping costs.
The User acknowledges and accepts that the withdrawal from a subscription does not entail the refund of the amounts relating to the Products already received.
10 Cases of exclusion of the User's right of withdrawal
The User's right to withdraw from the contract of sale or supply of the Products is excluded in relation to:
• to the supply of Products whose price is linked to fluctuations in the financial market which the Owner is unable to control and which may occur during the withdrawal period
• to the supply of Products packaged to measure or clearly personalized
• the supply of Products that are liable to deteriorate or expire rapidly. This category includes all food products (including beverages) whose characteristics are subject to alteration, including as a result of inappropriate storage.
• the supply of sealed Products which are not suitable for return for hygiene or health protection reasons and have been opened after delivery
• to the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
For further information, please contact the Data Controller at the email address info@invinovegan.com or by calling customer service on 02 954205327.
11 Optional form to exercise the right of withdrawal
The User can withdraw by filling in the following form form or by sending an email to info@invinovegan.com before the expiry of the withdrawal period, specifying the following data:
I hereby communicate my withdrawal from the sales or supply contract relating to the following product: __________
Order number: __________
Order Date: __________
Name and Surname: __________
Shipping address: __________
Email associated with the account from which the order was placed: __________
Today's date: __________
Reason for return: __________
12 Warranty of Material Products for Professional Users
In relation to material Products, Professional Users will be covered by the guarantees for defects in the item sold, the guarantee for lack of promised and essential qualities and the other guarantees provided for by the Civil Code with the related terms, forfeitures and limitations (articles 1490 et seq. of the Civil Code).
13 Guarantee of conformity of material Products for Consumer Users
Consumer Users are granted the guarantee of conformity, provided for by Articles 129 et seq. of the Consumer Code, for all physical Products sold through the Application, with the exception of the exclusions provided for by Article 128 of the Consumer Code.
The Owner is liable to the Consumer User for any lack of conformity that becomes apparent within two years of delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery, as it is presumed that it already existed on that date, unless this assumption is incompatible with the nature of the Material Product or the nature of the lack of conformity.
If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address info@invinovegan.com or by calling customer service on 02 954205327.
The Owner will provide prompt feedback and indicate to the Consumer User the procedure to follow.
For anything not covered by this clause, Articles 128 to 135-septies of the Consumer Code and the articles of the Civil Code regarding the formation, validity, and effectiveness of contracts, including the consequences of contract termination and the right to compensation for damages, shall apply.
14 Content Submitted by Users
The User may upload Content to the Application, provided that it is not unlawful (i.e., obscene, threatening, defamatory, pornographic, abusive, or otherwise illegal or violates the privacy, intellectual property rights, and/or industrial property rights of the Owner and/or third parties), misleading, or otherwise harmful to the Owner and/or third parties, or does not contain viruses, political propaganda, commercial solicitation, mass emailing, or any other form of spamming. In the event of a dispute by third parties, the User assumes full responsibility and agrees to indemnify and hold the Owner harmless from any damage, loss, or expense.
The User guarantees that the Content is submitted to the Application through his or her account by adults. For minors, the submission of Content must be reviewed and authorized by their parents or guardians.
The User is fully and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, management of Contents and contact between Users and is therefore the sole guarantor and responsible for the correctness, completeness and legality of the Contents and of his/her own conduct.
It is prohibited to use an email address that is not owned by the User, use the personal data and credentials of another User in order to appropriate his or her identity, or otherwise misrepresent the origin of the Content.
The Owner is unable to ensure timely control over the Content received and reserves the right at any time to delete, move, or modify any Content that, in its sole discretion, appears to be unlawful, abusive, defamatory, obscene, or infringing on copyright and trademark rights, or in any case unacceptable.
Users grant the Owner a non-exclusive right to use the Content submitted, without geographical limitations. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, broadcast, create derivative works from, host, index, store, annotate, encode, modify, and adapt (including, without limitation, the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, audio, and video) submitted by the User, including through third parties.
Submitted Content will not be returned and the Owner will not be liable to Users for any loss, modification, or destruction of submitted Content.
It is expressly prohibited, unless explicitly authorized by the Owner: i) the use of automatic ad uploading systems, except those expressly authorized, ii) the serial publication and/or management of ads on behalf of third parties by any means or method, iii) reselling the Owner's services to third parties.
15 Creative Commons License
The Contents and/or materials available on the Application are made available under the terms of this license “Creative Commons Public Licence CC BY-NC 4.0 IT” (hereinafter “ License ”).
The Content and/or materials available on the Application are protected by copyright, other rights granted by copyright law (related rights, database rights, etc.) and/or other applicable laws. Any use of the Content and/or materials available on the Application that is not authorized under the License and/or other applicable laws is prohibited.
The Owner grants the User the rights listed below provided that the User agrees to comply with the terms and conditions of the License.
The Owner permits the User to reproduce, distribute, communicate to the public, represent, perform, recite, and transform the content and/or materials available on the Application using any means and formats, but not for commercial purposes, provided that the authorship is acknowledged and the User provides a link to the license and indicates if any modifications have been made. The full license is available at this address: https://creativecommons.org/licenses/by-nc/4.0/legalcode.it
16 Exclusion of warranty
The Application is provided on an “as is” and “as available” basis and the Owner makes no express or implied warranty in relation to the Application, nor does it provide any guarantee that the Application will meet the Users’ needs or that it will never be interrupted or error-free or that it will be free of viruses or bugs.
The Owner will make every effort to ensure that the Application is available 24 hours a day, without interruption, but cannot be held liable in any way if, for any reason, the Application is not accessible and/or operational at any time or for any period.
Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the control of the Owner or due to force majeure.
17 Limitation of Liability
The Owner cannot be held liable to the User, except in cases of willful misconduct or gross negligence, for any disruptions or malfunctions connected to the use of the Internet that are beyond its control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses, and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User being entitled only to a full refund of the price paid and any additional costs incurred.
The Owner assumes no responsibility for any fraudulent or illicit use of credit cards and other payment methods by third parties, as it does not in any way come into contact with the payment data used (credit card number, cardholder name, password, etc.).
The Owner will not be responsible for:
• any loss of business opportunity and any other loss, even indirect, possibly suffered by the User which is not a direct consequence of the breach of the contract by the Owner
• incorrect or unsuitable use of the Application by Users or third parties
• the issuing of incorrect documents or tax data due to errors relating to the data provided by the User, the latter being the only person responsible for the correct insertion
Under no circumstances will the Owner be held liable for an amount greater than double the cost paid by the User.
18 Force majeure
The Owner shall not be held liable for any failure or delay in fulfilling its obligations due to circumstances beyond the reasonable control of the Owner, resulting from force majeure events or, in any case, from unforeseen and unforeseeable events and, in any case, events beyond its control.
The Owner's fulfillment of its obligations will be deemed suspended for the period in which force majeure events occur.
The Owner will take any action within its power to identify solutions that allow for the correct fulfillment of its obligations despite the persistence of force majeure events.
19 Links to third-party sites
The Application may contain links to third-party websites/applications. The Owner has no control over these websites and, therefore, is in no way responsible for the content of these websites/applications.
Some of these links may lead to third-party websites/applications that provide services through the Application. In these cases, the general terms and conditions for use of the website/application and the service provided by the third parties will apply to the individual services, for which the Owner assumes no responsibility.
20 Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted at https://invinovegan.com/pages/privacy-cookie-law
21 Applicable law and competent court
The Conditions are subject to Italian law.
For Professional users, any dispute relating to the Application, execution and interpretation of these Conditions shall be subject to the jurisdiction of the court where the Owner is based.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the Civil Procedure Code.
The application of any more favorable and mandatory provisions established by the law of the country in which they have their habitual residence to Consumer Users who do not have their habitual residence in Italy remains unaffected, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities for communicating the same and the legal guarantee of conformity.
22 Online Dispute Resolution for Consumer Users
Consumer Users 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 Consumer Users to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and the provision of services concluded online. Consequently, Consumer Users may use this platform to resolve any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/
Terms and conditions updated on 01/10/2022
