Terms of sale

PAYMENT SERVICES

This website includes some subscriptions or paid services or products.
The fees, duration and conditions of the accounts and paid services are indicated in the relevant section of this website.

 

PURCHASE PROCEDURE

Each order sent constitutes an offer to purchase the 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 placed by confirming the order and is subject to payment of the price, taxes and shipping and payment costs 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, at the email address associated with his purchase, of any 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.

 

TERMS OF PAYMENT

This website uses third-party tools for payment processing and does not in any way come into contact with payment data - such as those relating to credit cards - provided.

Any costs for managing payments from the User that are not accepted will be charged to the User.

Prior authorization for future payments via PayPal

In case of payment via PayPal account, during the purchase, this website will memorize an identification code linked to the customer's PayPal account, which authorizes this website to an exclusive use linked to future purchases.

It is possible to revoke the aforementioned authorization at any time, through the interface of this website or by contacting the Data Controller directly.

 

RESERVE OF OWNERSHIP

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

Product availability

The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted 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 degree of detail possible on this website within each tab corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on this website 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.

 

EXECUTION OF 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 content by specifying any anomalies in the delivery form.
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 during and after delivery to the carrier or for delays in delivery.

 

RIGHT OF WITHDRAWAL

In case of purchase of products or services on this website, the User has the right to withdraw from the contract without indicating the 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. 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.

 

EFFECTS OF WITHDRAWAL

If the User withdraws from this contract, he will be reimbursed all the payments he has made to the Owner, excluding delivery costs, 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 payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to incur any costs as a consequence of this reimbursement. The reimbursement may be suspended until receipt of the goods or until the User demonstrates that he has returned the goods, 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 communicated the withdrawal from this contract. The deadline is met if the User sends back the goods before the expiry of the 14-day period. The costs of returning the goods are borne by the user. The User is responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

 

LIMITATIONS ON THE RIGHT OF WITHDRAWAL

Returned products that are damaged or used in a different and further way than what is strictly necessary to establish their nature, characteristics and functioning will be reimbursed after deduction of the decrease in value resulting from damage or use. Reimbursement is excluded when the decrease in value is total.
The User is requested to insert a copy of the delivery document received inside the package.

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

  • goods made to measure or clearly personalized;

  • the supply of goods that are likely to deteriorate or expire;

  • the supply of sealed goods which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery.

In the event that one of the aforementioned exceptions is applicable to the goods purchased by the User, the latter will not be able to exercise the right of withdrawal.

 

Applicability of the 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, that is to the User who acts for purposes unrelated to his business and professional activity.

Legislative references

Legislative Decree 21/2014 - implementing Directive 2011/83 / EU on consumer rights.

Guarantee

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

To exercise the right of guarantee, the User is required to contact the Data Controller at the contact information contained in this document, giving an accurate description of the defect found and sending photographic material
If the lack of conformity of the product is ascertained, 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 an appropriate price reduction or the termination of the contract in the following cases:

  • if the repair and replacement are impossible or excessively expensive;

  • if the Owner has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days;

  • if the replacement or repair previously carried out has caused significant inconvenience to the User.

The User is in any case obliged to return the defective products.

 

Compensation and Limitation of Liability

Indemnify

The User undertakes to indemnify the Owner (as well as any companies controlled or affiliated by the same, its representatives, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend themselves in court, which should arise in the face of damages caused to other Users or third parties, in relation to the content uploaded online, to the violation of the law or the terms of these conditions of service.

Limitation of Liability

This website and all the functions accessible through this website are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, explicit or implicit, which is not mandatory by law. In particular, no guarantee is given of the suitability of the services offered for the particular purposes set by the User.
The use of this website and of the functionalities accessible through this website 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 contractual and extra-contractual damages towards Users and third parties exclusively by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of the activity of this website. Therefore, the Owner will not be responsible for:

  • any losses that are not a direct consequence of the breach of the Agreement by the Owner;

  • any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill value, etc.);

  • damages or losses deriving from interruptions or malfunctions of this website or of the transport system, due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the control of the Owner such as by way of example but not limited to, breakdowns or interruptions to telephone or electricity lines, to the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, third party services or applications; ed

  • incorrect or unsuitable use of this website by Users or third parties.

 

CONTACTS info@diadema-wine.com

 

 

Conditions for receiving deliveries

Furthermore, the User who makes the purchase through this website declares and guarantees that whoever receives the shipment of the purchased products is of age according to the legislation applicable to the latter.

 

Changes to these Terms

The Owner reserves the right to make changes to the Terms at any time, giving notice to the User by posting it on this website.
The User who continues to use this website after the publication of the changes accepts the new Terms without reserve.

Transfer of the contract

The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User's rights provided herein are not affected.

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

Communications

All communications relating to this website must be sent using the contact information indicated in the Agreement.

Ineffectiveness and partial nullity

Should any clause of the Terms prove to be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain fully effective.

Applicable law and competent court

These Terms and all disputes regarding the execution, 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 Data Controller has its registered office.
The exclusive forum of the consumer is an exception, if the law provides for it.

Dispute Resolution

Online dispute resolution for consumers

The consumer resident in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at THIS LINK.

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