Vino.com^™ TERMS AND CONDITIONS OF SALE

1
Premises and acceptance of the General Conditions of Sale

The present General Terms and Conditions (hereinafter also "Terms of Use") regulate product offer by 3ND Srl (hereinafter "Vino.com^™") on www.vino.com (hereinafter also "Site"). Terms of Use must be accepted by the User at the time of registration on the website, in order to start benefiting from offers and to place orders.
Vino.com^™ reserves the right to totally or partially modify these Terms of Use at any time, by notifying Users through the Site with at least 30 days notice, in case products and offered services change. Users are therefore required to periodically consult this page, in order to be always informed of the conditions applied. It is understood that browsing the updated Site implies acceptance of applied changes.

2
Ownership of the website - Type of offers

This Website is property of 3ND S.r.l., with registered office in Florence, Italy, 50124, Via del Tiratoio, 1, C.F. and VAT No. 06031960484, Business Register FI 594577. Vino.com is a registered trademark by 3ND S.r.l. The products present on the Site are resold by Vino.com^™ directly, also in the form of drop-shipping (hereinafter also "Direct Sales") or by Vino.com^™ business partners (hereinafter also "Partner"). Unless otherwise specified on the product information page, it must be understood that products are sold directly by Vino.com^™. On the other hand, in case of the sale of products by a Partner, Vino.com^™ acts as an intermediary (hereinafter also "Intermediate Sales" ) and operates in the name and on behalf of the Partner, remaining in effect extraneous to the relationship, and therefore to the sales contracts stipulated between the User and the Partner itself.
Products may be sold either through a permanent catalogue, and through "flash-deal" formulas or through product offers that are time and quantity limited. Product offer ranges from categories such as food, alcohol and accessories (wines, sparkling wines, beers, rums, grappas, other spirits, coffee), packaged products such as sauces, honey, canned meats and other food related products and accessories for the preparation, consumption or conservation of food). Following an order transaction, Vino.com^™ will send an order confirmation email to the User and, in case of Intermediate Sales, an indication of the possible Partner who will be responsible for shipping the products.

3
Registration to the Website

The Site is accessible exclusively to Users over 18 years of age. Navigation and use of the services offered within the Site can be accessed after registration.
Registration is free of charge. Users who register on the Site will have to provide certain personal information and follow all procedure steps (hereinafter also "Complete Registration"). At the time of Complete Registration, the User will be requested to choose a Username and a Password. The User agrees to keep the password private and not to hand it over to third parties, not even temporarily and to keep it with due care, diligence, and secrecy under their own responsibility. These credentials are indeed the only means to identify the User and to validate their access to the offers. Therefore, the User is informed that all actions carried out using these credentials will be attributed to them and will have binding force.
The User is asked to immediately inform Vino.com^™ of any unauthorised or improper use of their access credentials or to report any violations by third parties. Should Vino.com^™ find any violations, it can block the access at its discretion, permanently delete the information contained therein or refuse to let the same User open multiple accounts.
The User will be able to update, and/or change the information provided during registration or request its cancellation. In case of a cancellation request, however, Vino.com^™ will temporarily keep all or part of this information, only for the purpose of processing any order made and/or to be able to complete accounting and tax procedures.
Complete Registration is necessary to order products and to access summary information related to User activities on the website (also "Account").
Also, a partial registration is allowed on the site (hereinafter also "partial registration"), by entering only the User's email address. Partial Registration allows the User to only receive the newsletter, and not order products and/or services, or carry out other actions on the Website.

4
Offer conditions

On Vino.com^™ customers can order products at website prices. In accordance with its commercial policy, Vino.com^™ reserves the right not to process orders from subjects other than the "consumer". Also, Vino.com^™ does not sell alcohol to persons below 18 years of age. By placing the order, the consumer confirms that the person who is making the order and, if different, the recipient of the products are both over 18 years of age.
Prices are in Euros and are inclusive of VAT. Shipping costs can be fixed or variable and are calculated based on the weight, number of selected products and/or product destination. Shipping costs may also be included in the sale price for some products or be free if the order total is higher than a limit amount or if there is a special offer. However, the User is always informed about shipping costs before checkout and before making the payment.
The images attached to product or offer information sheets may not exactly reproduce the product's characteristics but could be different in colour, size and accessories. All order support information is intended as simple, generic information material, therefore not reproducing the real characteristics of a single offer.
Offer validity may be subject to quantity or time limitations, after which it may no longer be available. The date of the offer validity and/or the quantities availability are listed on the website to inform the User about them. Vino.com^™ may change the duration or quantity of an offer at any time and at its discretion, always making sure to follow up on orders placed when a specific offer was valid. An offer may be posted several times over time, also following agreements with the Partner or the suppliers of the products. In some cases, it can happen that a product goes out of stock after order placement. When this happens, Vino.com^™ will refund the User, if certain conditions are met. It is also possible that for some product offers, a specific product is unavailable and User will be asked to specify one or more preferences upon order: in such circumstances, the User is aware that they may receive a different product variant than the one selected upon order.
As stated above, in case of promotional sales or flash-deal formulas, the full price indicated in the offer ("crossed out price"), and on which Vino.com^™ calculates the discount may correspond to:
(i) the public price list indicated by the supplier;
(ii) the results of market surveys.
Methods for calculating the Cross Out Price vary per product.
Vino.com^™ may also provide a monthly subscription service (" Subscription Service "), i.e. on a continuous basis, following a request for service activation made by the User, and until the User requests deactivation. The service provides for, in relation to the payment by the User of a fee indicated on the Website, the supply and delivery of wine and/or products selected by Vino.com^™ at its total discretion and selected among those in the catalogue.
Vino.com^™ may donate a percentage of the total amount of the order to charities, where possible, allocating it to the entity that appears on the Platform from time to time and in accordance with its own regulations on charitable donations. For instance, Vino.com^™ may donate these amounts to research institutions, hospitals, ONLUS etc. In these cases, User can view the amount that will be donated to charity before checkout, on the shopping cart summary page.

5
Order procedure and payment method

After being informed about offer conditions, User can proceed to check out by following the procedure on the Site.
Before checkout, a summary will be displayed showing the unit cost of the selected product and the total, in case there is more than one order for the same product or different products. The cost of any shipping, delivery or postal charges can be fixed or variable and is calculated based on product's weight, number of products and/or destination address indicated by User upon order. Shipping may also be included in the sale price of some products or be free of charge, if the total amount of the order exceeds a certain value or if there is a special offer. However, the User is always informed about the amount of shipping costs before checkout and payment. Once the order has been placed, the User must proceed with the payment to Vino.com^™, both in case of Direct Sales and in case of Intermediate Sales. In case of Intermediate Sales, Vino.com^™ will receive payment on behalf and on account of the Partner, remaining in effect extraneous to the relationship between the Partner and the User. Unless otherwise specified on the product information page, it must be understood that products are sold directly by Vino.com^™.
Following successful payment completion, the User will receive a confirmation email containing information regarding the ordered products. The email will also contain a reference to these Terms of Use. Moreover, confirmation will include the delivery and billing address. Product shipment takes place within the time frames indicated in the order confirmation email. Delivery time is also indicated before checkout, in the cart summary or on the product page. This information is only indicative, as it is not always possible to predict courier delays or other issues caused by third parties or force majeure events not attributable to Vino.com^™. In case of time limited offers ( flash-deals ), products could be delivered to the User after the offer has expired. If no confirmation email was received, the order cannot be considered concluded. In this case, should the order amount be charged to the User, the latter will be required to promptly notify Vino.com^™, by sending an email to assistenza@vino.com, in order to allow Vino.com^™ to check what happened and possibly proceed with refund.
Accepted payment methods, unless otherwise specified or agreed with the User, are the following: credit card and prepaid cards from Visa, Mastercard, Maestro, Postepay, American Express, Discover (Diners Club International and Pulse) circuits, PayPal account, Google Pay, Apple Pay and bank transfer. Vino.com^™ may also offer cash on delivery as an alternative payment method, on all or some occasions and at its sole discretion.
Unless otherwise specified in the offer conditions, the due amount will be charged upon payment confirmation. In case of a bank transfer, bank details (IBAN), bank transfer amount and order number will be indicated upon order confirmation. Payment by bank transfer should be made within the specified date and always no later than 2 days after order confirmation. It may not be possible to guarantee order fulfilment, once the deadline has passed: in this case Vino.com^™ will refund any payment received after the deadline, without additional costs and by bank transfer.
In case of a Subscription Service, the User authorises Vino.com^™ to periodically charge the amount on the credit or prepaid card. In this regard, the User guarantees the availability of the sum necessary for the payment of the fee.
If the User realises that personal information or shipping address provided is incorrect and/or incomplete, the User is required to promptly notify Vino.com within order fulfilment date, by sending an email to assistenza@vino.com. In all cases, only the User is responsible for any incorrect and/or incomplete general information or shipping address, with the consequent possibility of loss of the sum paid if products are delivered to strangers.

6
Secure payments

Vino.com^™ cares about the security of its Users. Vino.com^™ does not process and does not store payment title data (e.g. credit card numbers), which are treated and/or kept by relevant payment service providers. There are fields to enter protected and encrypted payment data, managed directly by the payment service (Braintree, a company of the PayPal group, Inc. More information on Braintree here and on PayPal here). Only after payment transaction has taken place, the banking service provider informs Vino.com^™ about payment outcome, without disclosing any sensitive information. For this reason, Vino.com^™ is not responsible for any refusal of the credit card used for payment. Vino.com^™ cannot therefore be held responsible in any way for direct or indirect consequences of credit card use to pay for ordered products and/or services.
Browsing on Vino.com^™ is protected and encrypted with a "128/256-bit Extended Validation SSL" security certificate, issued by Symantec/DigiCert and following a precise and constant authentication process of the company's information and of the ownership of the domain. It is also possible to verify the authenticity of the certificate and its ownership by clicking on the appropriate protection section of the browser in use, generally next to the address bar, on the title of the page or on the status bar.

7
Coupons

Vino.com^™ can issue discount codes (hereinafter also "Coupon") that the User will be able to use while placing the order. Coupons are issued in the form of an alphanumeric code and their value is indisputable and established by Vino.com^™ at its sole discretion. The User can enter the coupon code in the appropriate field "Coupon" at the time the order is being placed. In this way, the entered coupon will automatically be deducted from the total amount of the order before payment, excluding eventual shipping costs. Coupons with percentage discounts are not applied to products that are currently on offer. Coupons are generally available to Users for a limited period of time, after which they expire. There can be a minimum order amount for coupon use, below which coupon is not valid. Unless otherwise specified, the Coupon is personal, associated with the User's Account and it can be used on a single order, after which it will automatically be deactivated. Coupons can not be combined. Coupons can not be sold, assigned and/or transferred to third parties unless authorised by Vino.com^™. Vino.com^™ reserves the right to cancel any previously issued Coupon, even before its expiry date, without having to provide any explanation and without the right to indemnity or compensation. Vino.com^™ may also issue Coupons for Users who invite acquaintances, friends and family to view website offers and register on it. The site provides some functionalities to invite other people; such as "Recommend to a friend", "Send email with an offer", "Share on Facebook", "Twitter / X", other social networks etc. For each new guest ordering a product on offer within a certain time period, Vino.com^™ will grant the User a Coupon, to be used through User Account and valid on the subsequent order. Vino.com^™ will determine coupon value from time to time at its discretion and reserves the right to eliminate Coupons issued in favour of Users who make improper use of them, without any prior notice and without the right to indemnity or compensation.

8
Shipping and delivery

Vino.com^™ and possible Partners accept orders that can only be delivered throughout Italy, including islands, and the European countries indicated on the top left side of our website, opening the “Ship to:” dropdown menu. Shipping takes place within the time limit indicated in the offer conditions and, in case of time-limited offers ( flash-deals ), it could start from the offer end date. The products are shipped within the time frame specified in order confirmation. Delivery time can also be displayed before checkout, in the cart summary or on the product page. This information is only an estimation, as it is not always possible to predict any courier delay. However, Vino.com^™ aims at delivering the products within 10 business days from order date, unless otherwise specified on the product sheet, and, on average, orders are delivered in 96/120 hours (business days) throughout Italy, except for the islands, for which average delivery time is 144 hours (business days). In the unlikely event that products become unavailable for any reason after Vino.com receives the order, any payment received will be refunded, at no additional cost for the User. The User can be informed by email when a product is shipped by Vino.com^™, both in case of Direct Sales and Intermediate Sales. In the latter case, User will be notified when Partner informs Vino.com^™ that the shipping has taken place.
Users will be given the name of the courier, if available, and the tracking number of the shipment (Waybill or "Tracking"), through which it will be possible to follow shipping status. If available, this information will also be visible in the User Account.
Vino.com^™ cannot guarantee that several products ordered at the same time will be delivered in a single shipment, nor that different shipments will arrive at their destination at the same time. Offers, in fact, may refer to products supplied by different Partners and/or not come from a single centralised warehouse. It is not possible to guarantee a specific delivery time or date as this depends on the courier, the destination address and the person in charge of delivery. Vino.com^™ cannot therefore be held responsible for any direct or indirect consequences of different delivery times. Order delivery is intended at street level, unless otherwise specified upon order.
When shipping bottles, Vino.com^™ uses patented packaging approved by the courier, designed to ensure product integrity. However, Users will be required to check upon delivery that the packaging is intact, not damaged, or in any case altered, not even in the sealing (adhesive tape or package holders) and that there are no leaks. Any damage to the packaging and/or to the product must be immediately contested by the User, by writing a request for a check on the delivery document and providing a reason, e.g. "holes in the packaging", "pressed packaging", etc.). Once this document has been signed, the User will no longer be able to make any claim about delivered product status. Any issue with product integrity, match or completeness must be reported within 3 days from delivery, by writing an email to: assistenza@vino.com or to the Partner's email address indicated in the order confirmation and in the User Account.
In case product delivery takes longer than expected, the User will be required to notify Vino.com^™, which will check upon shipment status or other issues with the Partner and/or directly with the courier. Following a shipping problem (package lost or destroyed during transport) Vino.com^™ will send the product again, in case of Direct Sales, or request a new shipping, in case of Direct Sales with drop shipping or Intermediary Sales, if the product is available at the warehouse or if the Partner has it in stock, with no extra costs for the User. This means that the total amount of the order will be refunded total order amount in case of Direct Sale or let the Partner proceed with the refund (directly or through Vino.com^™), in case of Intermediate Sales.

9
Product compliance guarantee

Vino.com^™ works diligently and in good faith in selecting Suppliers and Partners, making sure they can supply product quantities as described in the sale offers and with specific characteristics, being understood that Vino.com^™ cannot be held responsible for damages to persons caused by possible violations on the producers side. However, Vino.com^™ cannot guarantee information completeness for the supplier or partner, or a perfect match between what is described in the product sheet or offer and the product actually delivered, as well as a legitimate use of images, videos and distinctive signs by the Supplier or Partner. The User is also aware that images used for proposals can sometimes only be indicative of the product and do not always exactly match the product delivered. In case of Intermediate Sales, and therefore Partner supplied products, Partner will be the sole responsible for under warranty products compliance. Any complaint must be sent directly to the Partner's email address on order confirmation page and also to assistenza@vino.com. Partner will indicate verification, repair or replacement methods for the products and authorise Vino.com^™ to issue a refund in favour of the User. In case of Direct Sales, Vino.com^™ will be the direct responsible for under warranty products compliance. In case of non-compliant products, the User can contact Vino.com^™ by sending an email to: assistenza@vino.com. Vino.com^™ will provide the name of a repair centre for checking and repairing products under warranty or, once the problem has been detected, it will pay for consequent repair or replacement, which means issuing a refund on User's credit card used for the initial payment or issuing a Coupon with the same value as the ordered product. However, the legal guarantee is reserved for consumers and for those who made an order on Vino.com^™ for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity they might be involved in.

10
Withdrawal

The User who requests a service for purposes unrelated to his professional activity has the right to withdraw from the online sales contract stipulated with Vino.com^™ or with the Partner with no penalties and without providing any given explanation, pursuant to and by effect of art. 52 par. 1 of the Italian Consumer Code, within 14 days from the date the ordered products on Vino.com^™ have been received. The Customer can withdraw from the contract, pursuant to art. 54 par. 1 of the Consumer Code, by filling the form in Annex I, part B of the Consumer Code or using the one available by clicking here or by submitting any other explicit declaration of the decision to withdraw from the contract. This declaration should be sent either by registered mail to 3ND Srl, Via del Tiratoio, 1 IT50124 Florence (FI) or by email to assistenza@vino.com or by fax to +39 055 09 35 599. In case of Intermediate Sales, it is also possible to send the document to the Partner's email address indicated on order confirmation page and in the User Account, putting Vino.com^™ in CC. The registered mail, e-mail or fax should contain an indication of the product and order number. The burden of proof of exercising the right of withdrawal in accordance with Consumer Code regulations shall be on the User.
In order to exercise the right of withdrawal, unless Vino.com^™ or the Partner collects the products for the User, the latter will have to return products without undue delay and always within 14 days from the date on which Vino.com^™ or the Partner were informed about the decision to withdraw from the contract, pursuant to art. 54, par. 4. The User will have to apply the document received from Vino.com^™ on the packaging, making sure it is visible and includes shipping address and necessary order details, to better identify the returned product at destination. The User is advised to insert a copy of this document also inside the packaging, in order to prevent loss and inability to identify the returned product once it has reached the warehouse. Shipping costs shall be on the User unless Vino.com^™ informs the customer about it upon contract termination, according to art. 57 par. 1 of the Consumer Code.
Products should always be kept, handled and inspected with the usual diligence and returned intact, complete in all their parts, with all accessories and instruction sheets, identification tags and original labels, where present, still attached. They should be unbroken and not tampered with, as well as perfectly suitable for their intended use and free from signs of wear or dirt.
Pursuant to art. 57 par. 2 of the Consumer Code, the User is responsible for any decrease in value resulting from product manipulation other than that necessary to establish the nature, characteristics and functioning of the products. In this case, Vino.com^™ may lower the refund amount due to this decrease in value. A written notice should be delivered to inform the User, within 5 business days from product reception. In the event that the refund has already been made, it should provide the User with bank details for payment of the amount owed by the User due to the product decrease in value.
Vino.com^™ may refuse to accept a return for food products that have been even partially consumed. Pursuant to art. 59 of the Consumer Code, tailor and custom-made products or products which cannot be sent back or are subject to changes in taste or deterioration cannot be returned.

11
Exceptions to Right of Withdrawal

It remains understood that, with reference to service provisions, that the User cannot exercise the right of withdrawal after receiving all products from Vino.com^™, if product supply started in express agreement with the User and the latter accepted to lose the right of withdrawal after full service from Vino.com^™.
However, according to art. 59 of the Italian Consumer Code, tailor or custom-made products cannot be returned, along with those products that are subject to changes in taste and deterioration.

12
Refunds

Possible due refunds from Vino.com^™ will be made in accordance with art. 56 par. 1 of the Italian Consumer Code as soon as possible and always within 14 days from which the event that caused the refund took place and, in case of a product return, from the day on which Vino.com is informed that the User is exercising the right to return it. Vino.com^™ will proceed with the refund using the same payment method as the User did for the initial transaction, unless differently agreed with the User and unless the User needs to bear costs for a different payment method. If the User explicitly chose a different delivery method with higher delivery fees compared to standard delivery by Vino.com^™ ("ExtraFees"), Vino.com^™ will not have to refund respective extra costs. It remains understood that, unless Vino.com^™ decides to return the products directly, it will be able to stop the refund procedure until products are received or until the User has provided proof of product return, based on what scenario occurs first.

13
Vino.com^™ responsibility

Vino.com^™ will not be held responsible for damages caused by website use, such as viruses, omissions, service interruptions and software malfunctioning, also on User's devices, that prevent or delay service provision. In case all these are due to external circumstances, they are all beyond Vino.com^™ responsibility. It will only be held responsible for possible vices or changes in Direct Sales, while it will not under any circumstances be responsible for changes in Intermediary Sales, for which only the Partner will bear responsibility towards the User. Consequently, the User is informed that in these situations he/she will have to address complaints only to the Partner. Vino.com^™ and/or the Partner cannot under any circumstances be held responsible for vices or changes out of their direct control, e.g. (i) force majeure; (ii) events caused by third parties, such as the interruption or malfunctioning of telephone providers services and/or power lines, or omissions from shippers or carriers.

14
Industrial and intellectual properties

Provided that there is a limitation on the use of Partners' distinctive signs, Vino.com^™ holds all rights related to the graphic and conceptual content of the website, as well as the distinctive signs visible on it. Reproduction, even partial, of the content and the graphic of the Site, is prohibited, as well as sign reproduction. Vino.com^™ also holds the Site management technology platform.

15
Privacy Policy

Personal data are collected and processed in order to follow up on User's requests. Vino.com^™ ensures its Users compliance with the legislation on the processing of personal data, regulated by the Privacy Policy pursuant to Legislative Decree n. 196/2003. The privacy policy is to be considered an integral and substantial part of these Terms of Use and is accessible in the Privacy section of the Site or by clicking here. The data holder is 3ND Srl. Any complaint must therefore be addressed to:

3ND Srl
Via del Tiratoio, 1
IT50124 FLORENCE (FI)
assistenza@vino.com
Fax +39 055 09 35 599


Upon registration, the User may be required to give consent to the receipt of commercial information, including newsletters. In this case, User can choose whether to agree or not.

16
Cookies

Cookies enable correct site functionality. They are used to obtain information on terminals, on the operating system, on the IP address and on the type of browser in use, in order to offer the User a better navigation experience. This is generally statistical data, which does not contain sensitive information. It is possible to deny your consent to the use of cookies by activating the option to disable them on the browser or on the device in use.
More information on cookies is available by clicking here.

17
Links to third-party websites

The Site can contain links, in the form of hyperlinks or banners, to external and third-party websites. Vino.com^™ does not exercise any control over these websites and is not responsible for the accuracy, nature, quality and completeness of the information contained in them. The content of these sites does not represent Vino.com^™ and its products, services or information.

18
Conciliation procedure. Applicable law and competent Court

These Terms of Use will be regulated in every respect by Italian law.
For any dispute concerning the interpretation, execution and/or termination of the contract between the User and Vino.com^™, in case of Direct Sales, or between the User and the Partner in case of Intermediate Sales, both Parties acknowledge that a judge from User's place of residence or domicile will address the controversy, provided that the same can be considered a consumer according to the applicable laws in force. If, instead, the User is a professional, the Court of Florence will resolve the issue, while, in case of Intermediate Sales, the court from Partner's place of domicile will be in charge.

19
Alternative dispute resolution (so-called Alternative Dispute Resolution/ Online Dispute Resolution) and Netcomm Joint Conciliation

According to article 141-sexies of the Consumer Code, Vino.com^™ informs consumer that, if the User has submitted a complaint to Vino.com^™, but was not satisfied with the outcome or did not receive a reply within 30 days, the User can start the joint conciliation procedure set up by the Netcomm Consortium. User can find more information on this procedure as well as the link to its regulation at http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl. Application form should be sent to conciliazione@consorzionetcomm.it or by fax to the following number: +39 02 87181126. The conciliation procedure before the Netcomm Consortium will be carried out in accordance with art. 49 par. 1 letter V of the Legislative Decree of 6 September 2005 n. 206 (Consumer Code).
Vino.com^™ also informs consumer User that with EU Regulation 524/2013 of 21 May 2013, a European platform was established for online resolution of consumer disputes, which can be accessed at the following address http://ec.europa.eu/consumers/odr/ ("ODR Platform"). Through the ODR Platform, consumers will be able to consult the list of ADR bodies, find the link to their websites and start an online resolution procedure for the dispute in which they are involved. For more information, you can contact Vino.com^™ by email: assistenza@vino.com, or by fax at +39 055 09 35 599.