TERMS AND CONDITIONS OF SALE
Users who use the Services offered by S.V. FRANCIACORTA BÈLON SRL declare that they know and accept the following general terms and conditions.
Owner of S.V. Franciacorta Belon Srl and the related Services:
Via Pianello – 25064 Gussago (BS)
VAT Number: 04608440287
Certified e-mail: firstname.lastname@example.org
This document constitutes a legal agreement between you, as a User, and S.V. FRANCIACORTA BÈLON SRL and governs your use of the website and, in any case, the use of the services provided.
“Legal agreement” means that the terms of this agreement, once accepted by the User, are binding on the User.
For the sake of simplicity, “User”, “you”, “your” and similar terms, both singular and plural, refer to you, the User. “We”, “our” and similar terms refer to the company.
“Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other definitions can be found in the “Definitions” section at the end of this Agreement.
ACCEPTANCE OF THE AGREEMENT
In order to purchase on this website, you must carefully read and accept the Agreement. If you do not accept the Agreement you will not be able to use the Service.
Registration, contents of S.V. FRANCIACORTA BÈLON SRL and prohibited use.
It is understood that, under no circumstance, the Owner can be held responsible in the event of loss, diffusion, theft or unauthorized use by third parties, for any reason whatsoever, of the Users’ access credentials.
ACCOUNT CANCELLATION AND ACCOUNT CLOSURE
Registered Users can deactivate their accounts, request their cancellation or stop using the Service at any time, through the website interface or by contacting the Owner directly.
The Owner, in case of breach 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 of suspend or cancel the User’s account at any time and without notice if he/she believes that:
• the User has violated the Agreement; and/or
• access or use of the Service could cause damage to the Owner, to other Users or to third parties; and/or
• the use of this website by the User may result in a violation of the law or applicable regulations; and/or
• in the event of investigations conducted as a result of legal actions or for the involvement of the public authority; and/or
• the account is considered by the Owner, at its sole discretion and for any reason, inappropriate or offensive or in violation of the Agreement or not in line with the standards of the Owner.
CONTENTS AVAILABLE ON THIS WEBSITE
The contents available on this website are protected by copyright law and other international laws and treaties aimed at protecting intellectual property rights and, unless otherwise specified, their use is permitted to Users only within the limits specified in this document clause
The Owner grants the User, for the entire duration of the Agreement, a personal, non-transferable and non-exclusive license, for exclusive personal and never commercial purposes and limited to the device used by the User for the use of such content.
Therefore, it is expressly forbidden for the User 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 contents, including third parties, available on this website, nor allow third parties to do so through the User or his/her device, even without his/her knowledge.
Where expressly indicated, the User, for mere personal use, may be authorized to download and/or copy and/or share certain contents made available on this website, provided that he/she faithfully reproduces all the copyright indications and other information provided by the Owner.
CONTENTS PROVIDED BY THIRD PARTIES
The Owner does not make any preventive moderation on the contents or links provided by third parties shown on this website. The Owner is not responsible for such contents and their accessibility.
CONTENTS PROVIDED BY THE USER
Users are responsible for their own and third party content that they share on this website, by uploading them, inserting content or in any other way. Users release the Owner from any liability in relation to the unlawful dissemination of third party content or the use of this website, in ways that are contrary to the law.
Users release the Owner from any liability in relation to the unlawful dissemination of third party content or the use of this website, in ways that are contrary to the law.
The Owner does not carry out any type of moderation of the content published by the User or by third parties, but undertakes to intervene in the face of 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 the contents in the event that:
• complaints from other Users are received;
• he receives a report of infringement of intellectual property rights;
• he believes he should do so in anticipation of, or as a result of, legal action;
such action is required by public authorities; or
• he believes that this content, remaining accessible through this website could put Users, third parties, the availability of the Service and/or the Owner at risk.
RIGHTS ON CONTENT PROVIDED BY USERS
The only rights granted to the Owner in relation to the content provided by Users are those necessary for the operation and maintenance of this site.
Unless otherwise stated, by sending, publishing or viewing content on or through this site, the User grants the Owner and other Users a license without territorial limits, non-exclusive, free and with the right of sublicense, for use, copying, reproduction, processing, adaptation, modification, publication, transmission, display and distribution of such content with any media or distribution method currently available or developed thereafter.
SERVICES PROVIDED BY THIRD PARTIES
Users may use services or content included on this website provided by third parties, but they must first have read the terms and conditions of such third parties and have accepted them. Under no circumstances the Owner can be held responsible in relation to the correct functioning or availability, or both, of services provided by third parties.
The Service must be used in accordance with these Terms.
• reverse engineer, decompile, disassemble, modify or create derivative works based on this website or any portion of it;
• circumvent the computer systems used by this website or by 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 this website;
• use any robot, spider, search and/or site retrieval application, or any other device, process or automatic means to access, retrieve, scrap or index any portion of this website or its contents;
• rent, license or sublicense this website;
• defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights of others;
• disseminate or post illegal, obscene, illegitimate, defamatory or inappropriate content;
• illegally appropriating the account in use 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 this website;
• use this website in any other improper way that violates the Terms.
CONDITIONS OF SALE AND PURCHASE
Paid services S.V. FRANCIACORTA BÈLON SRL includes some subscriptions or paid services.
The fees, duration and conditions of the accounts and paid services are indicated in the relevant section.
Purchasing procedure Each order sent constitutes an offer to purchase the products. Orders are subject to availability and the Owner’s discretionary acceptance. The User must select the products and complete the checkout, 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, informing the User within 5 working days of placing the order, at the email address associated with his/her 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.
Methods payment S.V. FRANCIACORTA BÈLON SRL uses third party tools for processing payments and, under no circumstances, does not come into contact with payment data provided – such as those relating to the credit card.
Any costs for managing payments from the User that are not accepted will be charged to the User.
The methods of payment available on this website are:
- Credit Card
Reservation 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 his 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 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 business hours to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must check the content by specifying any anomalies in the delivery form.
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, but not the shipping cost.
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 appointed by the User or for delays in delivery attributable to the latter.
Rights 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 indicated contacts.
To this end, the User is free to express his/her choice to withdraw from the contract by contacting S.V. FRANCIACORTA BÈLON SRL in any form.
Effects of withdrawal If the User withdraws from this contract, he/she will be reimbursed for all payments he/she has made to the Owner, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered) 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 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 result of this reimbursement.
The refund may be suspended until receipt of the goods or until the User has demonstrated that he/she has returned the goods, whichever is the 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/she communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14-day period.
The costs of returning the goods will be anticipated by the User, but will be reimbursed by the Owner in the manner and within the limits indicated above by the User.
The User is only 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.
Restriction on the right of withdrawal Returned products that are damaged or used in a different and additional way than 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 tailor made or clearly personalized;
the supply of goods which are liable to deteriorate or expire rapidly;
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.
If one of the aforementioned exceptions were 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/her business and professional activity.
Legislative references Italian Legislative Decree 21/2014 – in implementation of 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 24 months of purchase, provided that notice is given within 2 months of their discovery.
To exercise the right of guarantee, the User is required to contact the Owner at the contact information contained in this document, giving an accurate description of the defect found.
If the lack of conformity of the product is ascertained, the User has the right to obtain, at his/her choice, the repair or replacement of the product.
The User also has the right to request from the Owner an appropriate price reduction or termination of the contract in the following cases:
• If 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 however obliged to return the defective products
INDEMNITY AND LIMITATION OF LIABILITY
Indemnification 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 himself/herself in court, which may arise in the face of damage caused to other Users or third parties, in relation to the content uploaded online, to the violation the law or the terms of these service conditions.
Limitation of liability S.V. FRANCIACORTA BÈLON SRL and all the functionalities accessible through this website are made available to Users, under the terms and conditions set out in the Agreement, without any guarantee, explicit or implicit, which is not mandatory by law.
In particular, no guarantee is provided of the suitability of the services offered for the particular purposes that the User sets himself/herself.
The use of this website and the features 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 limit of the applicable law, is liable for damages of a contractual and extra-contractual nature 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 S.V. FRANCIACORTA BÈLON SRL. Therefore, the Owner will not be liable 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, by way of example 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 due to events of force majeure or, in any case, to unexpected and unforeseeable events and, in any case, independent of the will and outside the control of the Owner such as, by way of example and not exhaustive, breakdowns or interruptions to telephone or electrical 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 provision of third-party products, services or applications; and
• incorrect or unsuitable use of this website by Users or third parties.
Service interruption To guarantee Users the best possible use of the Service, the Owner reserves the right to interrupt the Service due to the need for maintenance or system updating, informing Users through constant updates on this website.
Service reselling Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of this website and its Services without the prior written permission of the Owner, granted directly or through a specific reselling program.
The Owner could tolerate forms of resale carried out on a personal (one by one) and limited basis; any form of mass resale is expressly excluded.
Intellectual propriety right All trademarks of the Application, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear concerning S.V. FRANCIACORTA BÈLON SRL are and remain the exclusive property of the Owner or his licensors and are protected by the laws in force on trademarks and by the related international treaties.
All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the contents published by such third parties on this website are and remain the exclusive property or in the availability of said third parties and their licensors and are protected by current trademark laws and related international treaties.
The Owner does not own the ownership of these intellectual property rights and can use them only within the limits and in compliance with the contracts concluded with such third parties and for the purposes outlined therein.
Age requirements Users declare to be of age according to the legislation applicable to them. Under no circumstances, children under the age of 18 may purchase on this website.
Condition for receiving deliveries The User who makes a purchase through this website also declares and guarantees that whoever will receive the shipment of the purchased products is of age according to the legislation applicable to the latter.
Change to this 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.
Contract release The Owner reserves the right to transfer, assign, arrange 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.
Notifications All communications relating to Franciacorta Bèlon Wine must be sent using the contact information indicated in the Agreement.
Ineffectivness 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 court of jurisdiction 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 Owner has its registered office.
The exclusive jurisdiction of the consumer is an exception, if the law provides for it.
Dispute settlement 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 agreements 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 agreement entered into with the Owner. The platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
The Owner is available to answer any question sent through the request form and the contacts published on the Contacts page.