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PREMISES AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The following General Terms and Conditions of Sale (hereinafter also referred to as the "General Terms and Conditions") govern the offer and sale of products on this website www.oohwine.com (hereinafter also referred to as the "Site").
The products purchased on the Site are offered and sold directly by OohWine, registered office Via Brissogne 48 (10142) Torino, capitale soc. 10.000 euro i.v., CF/P.IVA 10753040012, Cam.Com TO REA 1159426, (hereinafter also referred to as OohWine).
The General Conditions must be accepted by the User upon registration on the Site, in order to take advantage of the offers made therein and to proceed with the purchase of products. Oohwine reserves the right to modify the General Conditions in whole or in part at any time, notifying Users via the Site with at least 30 days' notice, if the methods of use of the products and services offered have changed. Users are therefore required to consult this page periodically, so as to be always informed about the conditions applied. It is understood that the use of the Site following such changes implies the tacit acceptance of the same.
SCOPE
The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.
These General Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than OohWine that are present on the Site through links, banners or other hypertext links.
Before doing business with such parties you must verify their terms of sale. OohWine is not responsible for the provision of services and/or the sale of products by such parties. OohWine does not carry out any control and/or monitoring on the websites that can be consulted through these links. OohWine is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law on their part.
ON SITE PURCHASES
With reference to Italian citizens, sales on the Site are reserved only to those who are 18 years of age or older. Buyers who are not Italian citizens may purchase Products on the Site only if they are of legal age with respect to their national law. If there is no legislation in this regard, you must be at least 21 years old.
In any case, the user making purchases on the Site undertakes to indemnify OohWine from any liability in the event that they have made purchases on the Site without complying with their national law on the subject of purchase limits for age reasons.
OohWine reserves the right to refuse or cancel orders that originate (i) from a user with whom it has a legal dispute; (ii) from a user who has previously violated these General Sales Conditions and/or the conditions and/or terms of a purchase contract with OohWine; (iii) from a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have issued false, incomplete or in any case inaccurate identification data or who have not promptly sent OohWine the documents requested by it on the basis of these General Sales Conditions or who have sent invalid documents to it; (v) by users who do not give sufficient guarantees of solvency. In any case OohWine reserves the right to cancel orders relating to transactions that do not present an absolute degree of genuineness.
With regard to purchases on the Site, it may occur that: the purchase process contains one or more material errors; the Product Sheet, as defined below, contains incorrect information for material errors (eg: the price of the Product); due to material error a Product is indicated as available and is not available at the time of order preparation. In these cases, or in similar cases, the user may request cancellation of the order or obtain, in agreement with OohWine, a different Product, subject to any adjustment relating to the purchase cost.
CONDITIONS OF THE OFFER
The object of OohWine's offers is the purchase of goods at the prices indicated on the Site. OohWine reserves the right not to process orders from parties other than the "consumer" in accordance with its commercial policy.
Prices are expressed in Euro and include VAT. The shipping costs of the goods may be fixed or variable, calculated on the basis of weight, the number of items selected and/or the address of destination of the goods. Shipping costs may also be included in the sale price of certain items or be free of charge if the total amount of the order is greater than a certain value or as a result of a specific promotion. The User is always informed of the amount of shipping costs before concluding the purchase procedure and making the payment. The images accompanying the information sheets of a product or an offer may not be perfectly representative of its characteristics but differ in color, size and accessories in the figure. All information supporting the purchase are intended as simple general information material, therefore not referable to the real characteristics of a single offer.
The validity of tenders may be subject to quantitative or time limits, after which they may no longer be available. The validity date and/or the available quantity of the offers are indicated on the Site in such a way as to allow the User to become aware of them. OohWine may modify the duration or quantity of an offer at any time and at its own discretion, it being understood that it will follow up orders placed during the validity of a given offer. An offer may be published several times over time. In some cases it is possible that the availability of a good will end after the purchase: in these cases OohWine, if the conditions are met, will reimburse the User.
After successful payment, the User will receive an email confirmation containing information about the offer purchased. The email will also contain a reference to these General Terms and Conditions. The confirmation will contain a summary of the delivery and billing address. The shipment of the goods takes place within the time indicated in the order confirmation. Delivery times are also indicated before concluding the purchase procedure in the summary of the cart
If the User realizes that he or she has provided incorrect and/or incomplete information regarding his or her personal details or the shipping address of the goods, he or she must communicate this in a timely manner and within the terms of processing orders, by sending an e-mail to the address info@oohwine.it. In all cases, the User is solely responsible for any indication of general information or delivery address incorrect and / or incomplete, resulting in the possibility of loss of the amount paid if the goods are delivered to strangers.
REGISTRATION TO THE SITE
The purchase of Products on the Site is allowed only to registered users. Registration is free of charge. Users who register on the Site must provide some personal data and follow all the steps from the procedure (hereinafter also "Complete Registration"). At the time of the Complete Registration, the User will be required to choose a Username and Password, which the User undertakes not to give, even temporarily, to third parties and to keep with due care, diligence, and secrecy under his own responsibility, constituting these credentials the only means to identify the User and to validate his access to the offers. The User is therefore informed that all acts performed through the use of these credentials, will be attributed to him and will be binding on him.
At any time the User may update and/or modify or request the cancellation of the information released during the Registration. In the event of a request for cancellation, however, OohWine may temporarily retain, in whole or in part, such information, for the sole purpose of carrying out any purchases made and/or completing the accounting and tax procedures. Complete Registration is necessary to proceed with the purchase of the products and to access the summary information relating to the activities carried out by the User on the site (also "Account").
PRODUCT INFORMATION
All the Products contain sulphites, as the production process of the wine implies the presence of sulphites in the wine.
VOUCHER
OohWine may issue discount codes (hereinafter also referred to as "Vouchers") that the User may use when purchasing products. The Vouchers are issued in alphanumeric code form and their value (in euros) is established unquestionably and at its own discretion by OohWine. The Voucher may be entered by the User in the appropriate field at the time the order is placed. The Voucher inserted in this way will be automatically reduced, and before payment, from the total amount of the order excluding any shipping costs.
Vouchers with percentage discount are not applied to products already in promotion. Vouchers are generally available to the user for a limited period of time, after which they will no longer be usable. The Voucher may be subject to a minimum amount of expenditure below which the use of the same will not be possible. Unless otherwise specified, the Voucher is personal and linked to the User's Account and may be used for a single purchase, after which it will be automatically invalidated. Vouchers are not cumulative. Vouchers with percentage discount are not applied to products already in promotion. Vouchers are generally available to the user for a limited period of time, after which they will no longer be usable. The Voucher may be subject to a minimum amount of expenditure below which the use of the same will not be possible. Unless otherwise specified, the Voucher is personal and linked to the User's Account and may be used for a single purchase, after which it will be automatically invalidated. Vouchers are not cumulative. To complete this procedure, the Site provides some features such as "Recommend to a friend", "Send email of an offer", "Share on Facebook", "Twitter", other social networks etc.. For each new guest who purchases an offer within a given period of time, OohWine may recognise the User with a Voucher, of the value determined from time to time at OohWine's discretion, to be used on their Account for a subsequent purchase. OohWine reserves the right to delete Vouchers issued in favour of users who make improper use of them, without prior notice and without the right to indemnity or compensation
DELIVERY OF PURCHASED PRODUCTS
OohWine does not accept orders with delivery to San Marino, Vatican City, Livigno and Campione d'Italia.
The goods are shipped the same day for orders received before 10:00 am and the next working day for those received after 10:00 am. Delivery times can also be indicated before concluding the purchase procedure in the summary of the cart. This information is indicative and does not represent a certain date, as it is not always possible to predict any delays due to the courier in charge of delivery to the customer.
OohWine is not responsible for inefficiencies, strikes or delays attributable to couriers. In any case, on average, deliveries take place in 24/48 working hours throughout Italy with the exception of the islands where the average delivery time is 48/72 working hours. In the remote event that the goods become unavailable for any reason after receipt of the order, a refund of any payment received will be issued, without charge to the User. The User may be informed by email of the moment in which the product is shipped by OohWine. The User will be informed, if available, the name of the courier and the tracking code of the shipment (Waybill or "Tracking"), through which you can track the status. This information, if available, will also be visible in the User Account. It is not possible to guarantee a precise date or time of delivery as this depends on the courier, the address of destination and the person in charge of delivery. OohWine cannot therefore be held responsible for any direct or indirect consequence deriving from these timescales. Unless otherwise specified during the purchase process, the delivery of the goods ordered is understood to be on the street level
In the case of shipment of bottles, OohWine uses suitable and safe packaging, designed to ensure the integrity of the product. In any case, upon delivery of the goods by the courier, the User must verify that the packaging is intact, undamaged, or otherwise altered, even in the closing materials (adhesive tape) or that there is no leakage of liquid. Any damage to the packaging and / or the product must be immediately notified by the User, putting reserve written control (and specifying the reason for the reserve, eg. "Punctured packaging", "Crushed packaging", etc..) on the delivery document of the courier. Once this document has been signed, the User will not be able to make any further objection regarding the characteristics of the goods delivered. Any problems regarding the physical integrity, correspondence or completeness of the products received must be reported within 3 days of delivery, by writing an email to: info@oohwine.it .
FAILURE WITHDRAW BY THE CUSTOMER
In case of a missed withdraw from the Customer between the established date from the carrier (10 days), the products will be returned to OohWine. Unless the products are personalized or made by order, the price of the goods will be refunded to Customer, excluded the shipping costs necessary to ship the product to Customer and return it to OohWine.
In the case of custom products or made to order, the customer cannot be refunded and we will try to make a new shipment with shipping cost dependent to client.
COMMODITY INSURANCE
The Customer, upon the payment of supplement cost, can insure the shipment. The insurance cover involves a supplement cost of €5 plus dependent to client.
In the event of non-delivery of the goods within the indicated time, the User shall notify OohWine, which shall check with the courier, the status of the shipment and any anomaly. With regard to insured shipments, following a shipping anomaly (for example, a package lost or destroyed during transport), OohWine will re-ship the product, subject to availability in the warehouse without additional costs or charges for the user, or will reimburse the order in full.
The amount of delivery charges due by the user in relation to a specific order, is expressly and separately indicated (in Euros and including VAT) during the purchase process, in the summary of the order and, in any case, before the user proceeds to transmit the same. In the event of failure to indicate a specific delivery date, it will, in any case, take place within thirty days from the date of conclusion of the contract.
The provisions of art. 61 of the Consumer Code shall apply if the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.
METHOD OF PAYMENT
OohWine is very attentive to the safety of its Users.
The payment of the Products can be made by credit card, through the payment solution PayPal or Satispay. In the event that one of these means/solutions of payment 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.
Confidential credit card data (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by OohWine. OohWine therefore never has access to and does not store the credit card data used by the user to pay for the Products (even if the user has decided to store the credit card data on the Site), with the exception of the name of the credit card holder.
Payment by PayPal payment solution
The payment of the Products purchased on the Site can be made through the PayPal payment solution. If the user chooses PayPal as the payment method, he will be redirected to the site www.paypal.it where he will pay for the Products according to the procedure provided for and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with OohWine. The latter is therefore not able to know and does not store in any way the data of the credit card connected to the user's PayPal account or the data of any other payment instrument connected to that account. In the case of payment through PayPal, the Total Amount Due will be charged by PayPal to the user at the time of conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to the user will be credited to the user's PayPal account, unless otherwise agreed between the User and OohWine. The time taken to credit the payment instrument connected to this account depends exclusively on PayPal and the banking system. Once the order for crediting the account has been placed, OohWine cannot be held responsible for any delays or omissions in crediting the user with the refund amount, and the user must contact PayPal directly to dispute this.
Satispay
Satispay uses a higher level of security than the banking standard and a state-of-the-art encryption system that protects your data and transactions at all times. Also based on IBAN, Satispay is much safer than traditional credit/debit cards. The payment method developed by Satispay eliminates all intermediaries and increases the level of security because no sensitive or personal data is shared, not even when paying on e-commerce or physical store.
RIGHT OF WITHDRAWAL
The User who requests a service for purposes unrelated to his professional activity has the right to withdraw from the purchase contract concluded with OohWine without any penalty and without having to provide any reason, within 14 working days pursuant to and for the purposes of art. 52, paragraph 1 of the Consumer Code, starting from the day of receipt of the product purchased on OohWine
- In the case of an order relating to a single Product, 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 Product;
- In the case of a Multiple Order with separate deliveries, 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 last Product;
- in the case of an order for the delivery of a Product consisting of multiple lots or pieces, 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 last lot or piece
To exercise the right of withdrawal, the user must inform OohWine of its decision to withdraw, before the expiration of the Withdrawal Period. To exercise the right of withdrawal, the user must send an email to info@oohwine.it with an explicit statement of his decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is borne by the user, it is in the user's interest to keep a copy of the email sent to OohWine with the Withdrawal Declaration.
RIGHT OF WITHDRAWAL LIMITATION
The right of withdrawal not be allowed to the goods with these caracteristics:
-personalised products or made on order
-sealed goods that can not returned for hygienic reason
MODEL FOR WITHDRAWAL
Recipient: OohWine
We/I notify the withdrawal from our contract of sale of following products: description of goods object of contract.
-Ordered the - and received the -
-Customer's name
-Customer's address
-Date
Customer's signing
Following the correct exercise of the withdrawal, unless the User withdraws the goods directly from OohWine, the User shall be responsible for returning the goods without undue delay and in any case within 14 days from the date on which the User notified OohWine of his decision to withdraw from the contract pursuant to art. 54, paragraph 4. The User must visibly apply the document received from OohWine following the above notice of withdrawal to the packaging, which already indicates the shipping address and the details of the order necessary to identify the return at destination. The User is advised to include a copy of this document also inside the packaging, in order to avoid loss or inability to identify the return once it has been received in the warehouse. The relative shipping costs of the goods shall be borne by the User, unless OohWine has not informed the User of this at the time of conclusion of the contract, in accordance with art. 57 paragraph 1 of the Consumer Code. The goods must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all their parts, accompanied by all accessories and package leaflets, identification tags and original labels, where present, still attached to the goods and intact and not tampered with, as well as perfectly suited to the use for which they are intended and free of signs of wear or dirt. As provided for by art. 57, paragraph 2 of the Consumer Code, the User is responsible for any reduction in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods themselves. In this case OohWine, upon written notice to be sent to the User within 5 working days of receipt of the goods, may reduce the amount of the refund due to such decrease in value, providing the same, if the refund has already been paid, with the bank details for payment of the amount due by the User due to the decrease in value of the goods. Large Bottles may refuse to accept a withdrawal for food products that have been consumed even partially. Pursuant to art. 59 of the aforementioned Consumer Code, goods made to measure or personalized or which, by their nature, cannot be returned or are subject to rapid alteration or deterioration are excluded from the possibility of withdrawal.
The Product, suitably protected and packed, must be sent to the following address:
OohWine
Via Brissogne 48, 10142 Torino
Orari: 9:00-13:00 14:00-19:00
The direct costs of returning the Product to Large Bottles shall be borne by the user. The return of the Product to Large Bottles is the responsibility of the user. If the user has used a discount code for the purchase of the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user, and not also with regard to the value of the discount code
If the user withdraws from the contract, OohWine shall refund the Total Amount Due paid by the user for the Product without undue delay and in any case no later than 14 calendar days from the day on which OohWine received the Products subject to withdrawal in the same conditions in which they were sold. The refund shall be made using the same means of payment used by the user for the initial transaction or any other means agreed between the parties; in any case, the user shall not incur any additional costs as a consequence of such refund. In the case of partial withdrawal, the amount of delivery costs to be returned to the user following withdrawal will be calculated in proportion to the value of the goods subject to withdrawal. In the event that the withdrawal has not been exercised in accordance with the applicable legislation, it will not result in the termination of the contract and, consequently, will not give right to any refund. OohWine will inform the user, rejecting the request for withdrawal. If the Product has already been received by OohWine, it shall remain at Grandi Bottiglie's disposal for collection by the user, which shall be at the user's expense and responsibility.
REFUNDS
Any payment of the sums by way of reimbursement by OohWine, if due, shall be made in accordance with article 56, paragraph 1, of the Consumer Code as soon as possible, and in any case no later than 14 days from the date on which the event giving rise to the reimbursement occurred and, in the case of withdrawal, from the day on which the User became aware of the relative exercise. OohWine will make the refund using the same means of payment used by the User for the initial transaction, unless otherwise agreed with the User and provided that the User does not have to bear any costs as a result of the use of the different means of payment. If the User has expressly chosen a different type of delivery that provides for higher delivery costs than those connected to the standard delivery offered by Large Bottles ("Additional Costs"), the latter shall not be required to reimburse the related Additional Costs. It is understood that, except in cases where Grandi Bottiglie has decided to collect the goods directly, OohWine may withhold the reimbursement until it has received the goods.
VARIOUS
By placing an order on the Site, the user consents to receive the invoice, if requested, only in electronic format. The invoice may be printed and archived as an original in accordance with Ministerial Circular 45/E, 19/10/2005. The invoice shall be issued on the basis of the information provided by the user for this purpose, which the user declares and guarantees to be true, undertaking to hold OohWine harmless and indemnified against any damage, including penalties issued by the competent authorities, that may result in the same in the event of failure to comply with the truth of the same
Photos, texts, descriptions and everything contained in the Site are the property of OohWine. The total or partial reproduction of any part of the Site is prohibited; the reproduction of texts or photos for any use and in any form and in any case without the prior written authorisation of OohWine is also prohibited.
OohWine is not responsible for any damage suffered by the user or third parties or to property owned by the user or third parties due to delays in delivery or related to the use of the Product.
PRIVACY
Personal data are collected and processed in order to comply with the User's requests. OohWine guarantees its users to operate in compliance with the regulations on the processing of personal data, governed by the Privacy Code under Legislative Decree no. 196/2003. The privacy policy is to be considered an integral and substantial part of these General Conditions and is accessible in the Privacy section of the Site or from the link: content/privacy. The data controller is OohWine.
Upon registration, the User may be asked to give his consent to the receipt of commercial information, including by sending newsletters. In this case, the User will be free to give or not give his consent.
COOKIES
For the proper functioning of the Site, it is necessary to use Cookies. Cookies are used to obtain information on terminals, operating system, IP address and type of browser used, in order to provide the User with a better browsing experience. It is generally statistical data, which does not contain sensitive information. It is possible to deny the use of cookies by activating the option to deactivate them on the browser or device in use.
LEGAL GUARANTEE OF CONFORMITY
All products sold on the Site are covered by the Legal Warranty of Conformity provided by Articles. 128-135 of Legislative Decree no. 128-135 of the Consumer Code (Legal Warranty). The Legal Warranty is reserved for consumers. Therefore, it applies only to users who have made the purchase on the Site for purposes unrelated to the business, commercial, craft or professional activity that may be carried out. To those who have purchased on the Site and who do not cover the quality of consumers will be applied the guarantees for defects of the thing sold, the guarantee for promised and essential quality defects and other guarantees provided by the Civil Code with its terms, forfeiture and limitations.
CONCILIATION PROCEDURE. APPLICABLE LAW AND PLACE OF JURISDICTION
These General Conditions shall be governed in all respects by Italian law. For any dispute concerning the interpretation, execution and/or termination of the contract between the User and OohWine, the Parties acknowledge that the Judge of the place of residence or domicile of the User shall have jurisdiction, if the User is to be considered a "consumer" according to the applicable laws. If, on the other hand, the User is a professional, the Court of Turin shall be competent in the case of Direct Sale.
APPLICABLE LAW AND PLACE OF JURISDICTION; OUT-OF-COURT SETTLEMENT OF DISPUTES - ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION
Contracts concluded between users of the Site and OohWine are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the period for exercising the right of withdrawal, the period for returning the Products, in the event of exercising this right, the procedures and formalities for communicating the same and the legal guarantee of conformity. Contracts concluded between users of the Site and OohWine are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the period for exercising the right of withdrawal, the period for returning the Products, in the event of exercising this right, the procedures and formalities for communicating the same and the legal guarantee of conformity. OohWine also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, which established a European platform for the online resolution of consumer disputes (the so-called ODR platform). The ODR platform can be consulted at the following address: http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure in which he is involved. In any case, the consumer has the right to appeal to the competent ordinary judge of the dispute arising from these General Conditions of Sale. Users residing in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, € 2,000.00. The text of the regulation is available at www.eur-lex.europa.eu.
CUSTOMER SERVICE AND COMPLAINTS
It is possible to ask for information, send communications, request assistance or forward complaints, by contacting Customer Service in the following ways:
Phone: +39 011 2161396 (from Monday to Friday: 9:00-13:00 e 14:00-19:00)
Email: info@oohwine.it
OohWine will respond promptly to complaints submitted, in any case within five working days of receipt of the same.