Terms & Conditions

General informations

All our prices are always VAT included.
We accept payment by credit card (Visa, Mastercard, American Express).
All orders are subject to product availability. If an item is not available at the time of order, we will inform you and refund the total amount of the order, using the original payment method.

The items offered on our website are available in our store located in Via Nazario Sauro 9 – 24124 Bergamo (Italy) and for worldwide shipping with variable prices.

Once the order has been placed, you will be provided with the estimated delivery date for your order. Delivery times are estimates and start from the date of shipment and not the date of the order.

Unless there are exceptional circumstances, we make every effort to process your order within 2 working days from the date of order acceptance. The working day is Monday to Friday, except on public holidays.

Please note that we do not ship on Saturdays and Sundays. The delivery date may vary due to courier shipping practices, place of delivery, delivery method and items ordered. Products can also be delivered in separate shipments.

Shipping costs are always free throughout Italy, vice versa abroad vary depending on the country of delivery and are visible at the time of payment.
To know how much your order will cost, just add the items you would like to purchase to your cart and proceed to the checkout page. Once arrived at the checkout screen and entered the country of delivery, you will see the shipping costs.

The sales tax is included in the price.

Purchase procedure

Each order sent constitutes an offer for the purchase of products. Orders are subject to the availability and discretionary acceptance of the Owner.
The User must select the products and complete the check-out, after carefully checking the information contained in the order summary. The order is made by confirmation of the same and is subject to payment of the price, taxes and shipping and payment indicated in the Order Summary form.

The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place when the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, communicating to the User within 5 working days of placing the order, to the email address associated with his purchase, the unavailability of one or more of the products purchased. In this case the Owner will refund the price and shipping costs incurred by the User.

Payment method

Winefully uses third-party payment processing tools and does not in any way come into contact with payment data – such as credit card details – provided.

Eventual costs of managing payments of the User not accepted will be charged to the User.

Preliminary authorization for future payments via PayPal

In case of payment through PayPal account, during the purchase, Winefully will store an identification code combined with the customer’s PayPal account, which authorizes Winefully to exclusive use related to future purchases.

You may revoke the above authorisation at any time, via the Winefully interface or by contacting the Owner directly.

Property reserve

Untill the full payment of the price of the ordered products, the products remain the property of the Owner.

Product Availability

The prices, descriptions or availability of the products on display are subject to change without notice. The photos included are indicative and may not constitute an exact representation of the products.
The Owner will do its best to present the characteristics of the products with the greatest possible degree of detail on Winefully within each card corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on Winefully may differ from the real ones due to multiple factors including, but not limited to, the User’s terminal monitor, photographic filters, etc.. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.

Enforcing the Order

The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product.
The Owner cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.

Delivery

Deliveries are made during normal working hours to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must verify the contents by specifying in the delivery form any anomalies.
In case of failure to collect within the deadline set by the carrier, the products will be returned to the Owner, who will refund the price of the products. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage that may have occurred to the Products after delivery to the carrier, where the latter has been chosen and commissioned by the User or for delays in delivery attributable to the latter.

Right of withdrawal and warranty

Right of withdrawal

In case of purchase of products or services on Winefully the User has the right to withdraw from the contract without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the goods. In order to exercise the right of withdrawal, the User is required to inform the Owner of the decision to withdraw by means of an explicit declaration sent to the contacts indicated.

For this purpose, you may use the model for the exercise of the right of withdrawal set out in the “definitions” section of this document. The User is also free to express his or her choice to withdraw from the contract in any other equivalent form.

Effects of recess

If the User withdraws from this contract, he will be refunded all the payments he has made to the Owner, without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from this contract. These refunds will be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any costs as a result of this refund. The refund may be suspended until receipt of the goods or until the User proves that the goods have been returned, whichever is earlier.

The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he has communicated the withdrawal from this contract. The deadline is respected if the User returns the goods before the expiry of the 14-day period. The costs of returning the goods will be advanced by the User, but will be refunded by the Owner in the manner and within the limits indicated above at the expense of the User. The User is responsible only for the decrease in value of the goods resulting from a manipulation of the goods other than the one necessary to establish the nature, characteristics and functioning of the goods.

Limitations to the right of withdrawal

Products returned that are damaged or used in a different and further way than what is strictly necessary to establish the nature, characteristics and operation will be refunded after deduction of the decrease in value resulting from the damage or use. The refund is excluded when the decrease in value is total.
The User is requested to insert a copy of the delivery document received in the package.

The right of withdrawal is in any case excluded in relation to:

  • customized or clearly customized goods;
  • the supply of goods that are in danger of deteriorating or expiring rapidly;
  • the supply of sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery.

In case one of the above mentioned exceptions is applicable to the goods purchased by the User, the latter will not be able to exercise the right of withdrawal.

Applicability of withdrawal clauses

The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who qualifies as a consumer, i.e. the User who is acting for purposes unrelated to his or her business and professional activity.

Legislative references

  1. Leg. 21/2014 – implementing Directive 2011/83/EU on consumer rights.

Warranty

The User who buys as a consumer has the right to guarantee the conformity of the products and services purchased within 24 months from the purchase provided that it is given notice within 2 months of their discovery.

To exercise the right of warranty, the User is required to contact the Owner to the contact information contained in this document, giving an accurate description of the defect found.
If the conformity defect of the product is found, the User has the right to obtain, at his choice, the repair or replacement of the product.
The User also has the right to request from the Owner a reasonable reduction in price or termination of the contract in the following cases:

  • when repair and replacement is impossible or excessively expensive.
  • when the Owner has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days;
  • when the replacement or repair previously carried out has caused considerable inconvenience to the User.

The User is however obliged to return the defective products.

Compensation and Limitation of Liability

Manleva

The User agrees to indemnify and hold harmless the Owner (and any subsidiaries or affiliates, its representatives, directors, agents, licensees, partners and employees) from any obligation or liability, including any legal fees incurred to defend itself in court, arising out of damage caused to other Users or third parties, in relation to content uploaded online, violation of the law or the terms of these terms of service.

Limitations of liability

Winefully and all features accessible through Winefully are made available to Users, subject to the terms and conditions set forth in the Agreement, without any warranty, express or implied, that is not required by law. In particular, no guarantee is provided as to the suitability of the services offered for the particular purposes intended by the User.
The use of Winefully and the functionalities accessible through Winefully is carried out by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of the applicable law, is liable for damages of a contractual and non-contractual nature towards Users and third parties exclusively for wilful intent or gross negligence when these constitute an immediate and direct consequence of Winefully’s activity. Therefore, the Owner will not be liable for:

  • any losses that are not a direct consequence of the breach of Contract by the Owner;
  • any loss of commercial opportunity and any other loss, even indirect, suffered by the User (such as, by way of example and without limitation, commercial losses, loss of revenues, income, profits or assumed savings, loss of contracts or commercial relations, loss of reputation or goodwill value, etc.).
  • damages or losses resulting from interruptions or malfunctions of Winefully due to force majeure events or, in any case, unforeseen and unforeseeable events and, in any case, independent from the will and outside the sphere of control of the Owner such as, by way of example and not limited to, failures or interruptions to telephone or power lines, the Internet and/or other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties; and
  • unsuitable or unsuitable use of Winefully by Users or third parties.

Common arrangements

Service Interruption

In order to guarantee Users the best possible use of the Service, the Owner reserves the right to interrupt the Service for maintenance or system updates, informing Users through constant updates on Winefully.

Service Resale

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Winefully and its Services without the prior written permission of the Owner, either directly or through a specific resale program.

The Owner may tolerate forms of resale made on a personal basis (one by one) and limited; any form of mass resale is expressly excluded.

Privacy policy

For information on the use of personal data, Users should refer to Winefully’s privacy policy.

Intellectual Property Rights

All trademarks of the Application, whether figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing concerning Winefully are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and international treaties.

All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos regarding third parties and content published by such third parties on Winefully are and shall remain the exclusive property of or available to such third parties and their licensors and are protected by applicable trademark laws and related international treaties. The Owner does not own such intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.

Age requirements

Users declare to be of legal age according to the legislation applicable to them. Under no circumstances under 13 years of age may they use Winefully.

Conditions for receiving deliveries

The User who makes the purchase through Winefully, moreover, declares and guarantees that the person who will receive the shipment of the purchased products is of age according to the legislation applicable to the latter.

Modifications to these Terms

The Owner reserves the right to make changes to the Terms at any time, giving notice to the User through its publication within Winefully.
The User who continues to use Winefully after the publication of the changes, accepts without reservation the new Terms.

Contract transfer

The Owner reserves the right to transfer, assign, dispose by novation or sub-contract all or some of the rights or obligations arising from the Terms, provided that the User’s rights provided herein are not affected.

The User may not assign or transfer in any way his rights or obligations under the Terms without the written permission of the Owner.

Communications

All communications relating to Winefully should be sent using the contact information provided in the Contract.

Ineffectiveness and partial nullity

If any provision of the Terms is found to be void, invalid or ineffective, such provision shall be deleted and the remaining provisions shall remain in full force and effect.

Applicable law and competent forum

These Terms and all disputes regarding the performance, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Owner has its registered office.
Except the exclusive jurisdiction of the consumer, if the law so provides.

Dispute Resolution

Consumer online dispute resolution

The consumer 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 the European consumer to resolve non-judicially any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract entered into with the Owner. The platform is available at the following link.

The Owner is available to answer any question sent by email to the email address published in this document.

This document

This document constitutes a legal agreement between you, as the User, and the company that operates Winefully and governs your use of the website and, in any case, the use of the services provided. “Legal Agreement” means that the terms of such agreement, once accepted by you, are binding on you.
For simplicity’s sake, “User”, “you”, “your” and similar terms, whether singular or plural, refer to you, the User. “We”, “our” and similar terms refer to the company that owns and operates Winefully. “Winefully” refers to this site and/or application. “Agreement” refers to this document, as amended from time to time. The Contract is concluded in the Italian language. Other definitions can be found in the “Definitions” section at the end of this Agreement.

Acceptance of Contract

In order to use Winefully, you must read carefully and accept the Contract by clicking on the specific acceptance button. If you do not accept the Contract you will not be able to use the Service.

Registration, Winefully content and prohibited use

Registration

In order to use the Service or part of it, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions. The User is responsible for keeping his or her access credentials confidential.

It is understood that in no case the Owner can be held responsible in case of loss, diffusion, theft or unauthorized use by third parties, for whatever reason, of the access credentials of the Users.

Cancellation and termination of user accounts

Registered Users can deactivate their accounts, request their cancellation or stop using the Service at any time, through the Winefully interface or by contacting the Owner directly.
The Owner, in case of violation of these Terms, reserves the right to suspend or close the User’s account at any time and without notice.

The Owner reserves the right to suspend or cancel the User’s account at any time and without prior notice if it considers that:

  • the User has violated the Contract; and/or
  • the access or use of the Service may cause damage to the Owner, other Users or third parties; and/or
  • your use of Winefully may result in a violation of applicable law or regulation; and/or
  • in case of investigations conducted as a result of legal actions or for the involvement of public authorities; and/or the account is deemed by the Holder, at his sole discretion and for any reason whatsoever, inappropriate or offensive or in violation of the Contract or not in line with the Holder’s standards.
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Contents available on Winefully

The contents available on Winefully are protected by copyright law and other international laws and treaties protecting intellectual property rights and, unless otherwise specified, their use is allowed to Users only within the limits specified in this clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-transferable and non-exclusive license, exclusively for personal and never commercial purposes and limited to the device in use to the User for the use of such content.
For this reason, the User is expressly forbidden to copy and/or download and/or share (except within the limits illustrated below), modify, publish, transmit, sell, sublicense, process, transfer/assign to third parties or create derivative works in any way from the content, including third party content, available on Winefully, nor allow third parties to do so through the User or his device, even without his knowledge.
The User, for his own personal use only, may be authorized to download and/or copy and/or share some contents made available on Winefully, provided that he faithfully reports all copyright and other indications provided by the Owner.

Contents provided by third parties

The Owner does not make any prior moderation on the content or links provided by third parties shown on Winefully. The Owner is not responsible for such content and its accessibility.

User-Supplied Content

Users are responsible for their own and third party content that they share on Winefully, whether by uploading it, posting it or by any other means. Users release the Owner from any responsibility in relation to the illicit diffusion of third party content or the use of Winefully, in ways contrary to the law.

The Owner does not carry out any kind of moderation of the contents published by the User or third parties, but undertakes to intervene in response to reports from Users or orders issued by public authorities in relation to content deemed offensive or illegal.
In particular, the Owner may suspend or interrupt the display of content if:

  • complaints from other Users;
  • received a report of infringement of intellectual property rights; believe that you must do so in anticipation of, or as a result of, legal action;
  • this action is required by public authority; or believes that such content, remaining accessible through Winefully could put the Users, third parties, the availability of the Service and/or the Owner itself at risk.

Rights on content provided by Users

The only rights granted to the Owner in relation to the content provided by the Users are those necessary for the operation and maintenance of Winefully.

If not otherwise stated, by sending, publishing or displaying content on or through Winefully, the User grants the Owner and other Users a non-exclusive, royalty-free, sublicensable, non-territorial license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content with any media or distribution method currently available or developed later.

Services provided by third parties

Users may use services or content included in Winefully provided by third parties, but must first review the terms and conditions of such third parties and accept them. Under no circumstances can the Owner be held responsible in relation to the proper functioning or availability, or both, of services provided by third parties.

No use allowed

The Service shall be used in accordance with the Terms.
Users cannot:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on Winefully or any portion of it;
  • enabling the computer systems used by Winefully or its licensors to protect the content accessible through it;
  • copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by Winefully;
  • use any robot, spider, site search and/or retrieval application, or any other device, process or automatic means to access, retrieve, scrap or index any portion of Winefully or its contents;
  • rent, fire or sublicense Winefully;
  • Defame, offend, harass, threaten or otherwise violate the rights of others;
  • disclose or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
  • unlawfully take possession of the account used by another User;
  • register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through Winefully;
  • use Winefully in any other improper way that violates the Terms.

If you have questions about delivery, shipping or general questions about your order, please contact us at info@winefully.com.

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