1. GENERAL PROVISIONS
Navigating this area gives the user access to the website www.vignaluna.com. The transmission of and access to a purchase order on the site imply acceptance of the conditions and data
protection policies adopted by the site indicated therein.
This general sales agreement applies to the sale of products on the aforementioned site in accordance with the provisions of part III, Title III, Chapter I, Consumer Code (Legislative
Decree n. 206/05 amended by Legislative Decree n. 21/14 and Legislative Decree 70/03) by CANTINA VIGNALUNA DI LUNARDELLI GIOVANNI based in VIA TRIESTINA 59/A 30024,
MUSILE DI PIAVE (VE), ITALY P.IVA 0372 0160 278/VE332584.
The user is required to read this general sales agreement which is completely and unequivocally accepted at the time of purchase before gaining access to the products supplied by the site.
The terms of this sales agreement may be modified unilaterally and without notice by the company.
2. SUBJECT
This Villaluna branded general sales agreement governs the offer, forwarding and acceptance of purchase orders for products on the website and does not govern the supply of services or the
sale of products by parties other than the seller which might be present on the same banner, link or additional hyperlinks.
The customer agrees to read this general sales agreement before proceeding to sign their order, particularly the pre-contractual information provided by the company, and accept it by
flagging the indicated box.
The customer will also receive the link to download and archive a copy of this sales agreement in the order confirmation emails, as required by Article 51, comma 1, of the Legislative Decree
206/2005 amended by Legislative Decree 21/ 2014.
3. PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER – art. 49 of Legislative
Decree 206/2005
Before concluding the purchase agreement, the customer examines the characteristics of the items, outlined by the individual data sheets of each product while making his choice. From this
moment, the customer is made aware of the fact that the product sheet of each item for sale on the site might contain material errors such as, for example. the availability or the updated price
of the product itself. In this or similar cases, the customer may request the cancellation of the order, or the order of a different product in agreement with the company, in case of any possible
variations or adjustments of the previously mentioned.
Before concluding the purchase agreement and before validating the order with “payment obligation”, the customer is informed about:
– Total price of the items including taxes and suitable packaging and shipment costs, as well as any additional details and costs specific to the individual order in relation to shipping;
– Payment terms and methods
– The deadline within which the goods will be delivered: delivery will be made approximately within 10 working days for intra-EU shipments or 15 working days for non-EU shipments. For
the purpose of calculating shipment times, orders received after 14:00 will be considered “accepted” on the following business day. If exceptional circumstances do not allow the
company to fulfill the order within these terms, the customer will be promptly contacted by a representative in order to be warned and notified about any changes on the delivery schedule.
– Availability time of the product in case the customer opts to collect at the company’s headquarters. Collection will be available approximately in the following morning after the order
is placed.
– Conditions, terms and procedures for exercising the right of withdrawal (Article 9 of the present agreement) as well as the withdrawal form template referred to in Annex 1 part B of Legislative
Decree 81/2014.
– The existence of the legal guarantee of conformity for the purchased goods;
– Provided after-sales assistance conditions and commercial guarantees.
The customer can at any given moment and in any circumstance previous to the conclusion of the agreement, take note of the information relating to CANTINA VIGNALUNA SNC, its
geographical address, telephone number and email address.
4. AGREEMENT CONCLUSION
1. Add product to cart, fill in the electronic order form, select the payment method, read and accept the general conditions and finally send the order form to the company electronically,
following the instructions that will appear on the website step by step.
2. Before proceeding to send the order form, the customer can identify and correct any data entry errors by following the instructions indicated on the site and which will accompany the
various stages of the purchase; in addition, the customer must read all the instructions provided during the purchase procedure (including those regarding delivery costs, conditions for
exercising the right of withdrawal and privacy information) and accept the sales agreement.
3. Submitting the order form constitutes a purchase proposal relating to the selected product(s), legally binding for the customer unless the right of withdrawal provided by Legislative
Decree 206/2005 is exercised. The transmission of the proposal implies the customer’s obligation to pay the price of the ordered product(s). Within 14 days, the company may at its
discretion refuse the order proposal. The customer won’t be charged in this case. The complete amount paid is promptly refunded to customers who have already made the payment (See
“payment method” section), including delivery costs and any other costs possibly incurred in relation to the order itself (“total amount due”).
4. The refusal takes place (i) in the event of non-availability of the products, (ii) in the event of the purchases being made for commercial purposes, (iii) in the event of non-fulfillment by the
customer of the obligations deriving from a previous contract concluded by the customer with the company, which is to say in the presence of an existing sales dispute with the previously
mentioned customer, (iv) in the event of a purchase being made by a customer who has been involved in fraud of any kind and in particular in fraud relating to credit card payments or by
customers who have submitted false, incomplete or inaccurate identification data.
5. The agreement is accepted when the customer receives confirmation of acceptance of the sales proposal.
In any case, the company reserves the right to subsequently modify the agreement in the event that for exceptional reasons, it finds itself incapable to fulfill the order due to the unavailability of
the products in question, and in the case that products are “out of stock”, in addition the cases previously mentioned in letter D. The acceptance, refusal, or partial acceptance in case of
partial availability of the products ordered, is sent to the customer by the company by email or previous phone call. In case of partial acceptance, the client is required to pay only the
proportional price of the available products. The aforementioned “availability of products” refers to the time in which the buyer places the order, this availability must in any case be considered
purely indicative since the simultaneous presence of multiple users on the website implies the products could be sold to other customers before the order is confirmed.
1. The company sends an order confirmation email to the address indicated by the customer. The order confirmation includes a link to the general sales agreement and the
conditions applicable to the agreement, a summary of the essential characteristics of the purchased products, the price of each product and the chosen payment method and
delivery costs including any additional charges, the conditions and methods to exercise the right of withdrawal in accordance to Article 51 of the Consumer Code (or exclusion
from the right of withdrawal in relation to article 9 of this policy). and the link to download the withdrawal form template in accordance to the consumer code.
5. REGISTERED USERS
When completing the registration process, the user is bound to follow the instructions on the site and provide their personal data in a correct and truthful manner.
Sales on the website are reserved for adult registered users exclusively, at least 18 years old if they are Italian citizens, or who declare to be of age according to their own national laws. In the
case of absent national legislation on the subject, the age of consent for purchases shall be considered 21.
In any case, the confirmation of submitted personal details exonerates the company from any legal liability regarding the data provided by the user. The user is bound to promptly inform the
company of any variation of their data in a timely fashion.
If the submits inaccurate or incomplete personal details, including in the existence of a payment dispute by the interested parties, the company reserves the right not to activate or suspend the
service until such omissions are rectified.
As part of the profile activation process, the company attributes a username and password of their choice to the user. The latter recognizes that these identifiers constitute the validation
system for user access to the services, and are the only accepted credentials to identify the user, and all actions performed through these identifiers on the site will be attributed and have a
legally binding effect on them.
The user undertakes to maintain the secrecy of his access credentials and to guard them with care and diligence, not to share them with third parties and agrees not to consider the company
liable for any damages, or seek compensation and penalties caused by failure to correctly and securely store access identifiers to the site.
VIGNALUNA user profiles can be canceled by sending a termination request to info@vignaluna.com
6. OFFERED PRODUCTS
The company sells products such as wine, beer, spirits and food online.
7. PAYMENT METHODS AND PRICING
Product pricing is indicated on the site and includes VAT, packaging and shipment costs.
The company reserves the right to change the price of the products at any time and possibly several times during the same day. The aforementioned changes do not concern products for
which order confirmation has already been sent.
Shipment costs are indicated separately in the order form and must be added to the price.
Once selected, products will be added to the cart. It is sufficient to follow purchase instructions by entering or verifying the information requested at each step of the process. Details can be
changed before payment.
Payments can be fulfilled through credit card, debit card and Paypal.
The company will proceed to fulfill the contract only when it receives confirmation of authorized payment.
8. WARRANTY AND COMMERCIAL COMPLIANCE
The products offered for sale on the site are paired with a product sheet which best presents the characteristics of the item, however the images reproduced in the sheets could differ by vintage
and/or characteristics, which is to say that they must be understood simply as indicative; only the description of the product contained in the order form sent by the customer will be
considered relevant in regards to the fulfillment of the agreement and completion of the order.
The seller is responsible for any defect on the products offered by the site, including the non-compliance of the items with the products ordered, in accordance with the provisions of
article 128-135 of the Consumer Code, Legislative Decree 206/2005 section relating to the “legal guarantee”.
In the event of non-compliance, the purchaser who has entered the contract as a consumer will have the right to obtain the restoration of product conformity without charge by means of repair,
replacement, an appropriate price reduction or the termination of the contract. disputed and the consequent pricing refund.
Non-compliance means the lack of the typical characteristics of the manufacturer’s quality standards. In the event that the product presents signs of deterioration and decreased quality
(the so-called wine deterioration or cork taint) the product must be returned with at least 75% of the content inside of the bottle and with its original cork inserted in a suitable fashion. In any
case, the customer is invited to contact the assistance service by email or phone number at the addresses specified in the contact section of the website, the costs for sending the product will
be borne by the customer except as indicated in the following paragraph.
Once the “defective” product has been received, the company reserves the right to verify the actual existence of deterioration and/or decreased quality of the product. If such claims are
confirmed, the company will contact the customer to find out his intentions regarding thep replacement or reimbursement of the product. In the first case, the company will arrange for a
new delivery at no additional cost and reimburse the costs for returning the defective product; in the case of reimbursement, the company will refund the cost of the product as well as the costs
for redelivery. If the returned product does not show deterioration or decreased quality the company will contact the customer to arrange a new delivery with shipment costs borne by the
customer.
In all cases in which lack of conformity is verified and ascertained by the company, the customer will be entitled if he chooses so, and if the product is still available, to replace the item or be
refunded for the purchase through the same payment method chosen at the time of the order, all costs of returned products recognized as non-compliant will be borne by the company.
By way of derogation from the above provisions, ancient bottles with a long history of preservation must be understood as sold “as-is”. In fact, although the integrity of the
conservation packaging has been checked, the company cannot guarantee that the wine contained in the bottle has preserved the entirety of its own characteristics. In any case, the
customer is invited to contact the assistance service by email or phone number at the addresses specified in the contact section of the website.
Any consequences determined “accidental” or as being the customer’s responsibility, such as a non-compliant product conservation or use, are excluded from the scope of the legal warranty.
9. RECESSO
In accordance with the legal provisions in action, the buyer has the right to withdraw from the purchase without any penalty, without specifying a reason within the term of 14 days of having
received the items, in compliance with article 52 of Legislative Decree 206/2005. It is worth noting that in the event of exercising the right of withdrawal, the customer will be required to
bear the costs for returning the products as explicitly stated in the conditions indicated at the time of order confirmation.
The buyer who intends to exercise the right of withdrawal notifies the company by sending the duly completed return form referred to in article 8 by registered letter, by email or PEC
cantinavignaluna2@pec.it or preferably to a representative to the address enotecavignaluna@gmail.com
The goods must be returned intact, in their original packaging with the entirety of their parts, in accordance to article 57 of the Consumer Code. Excluding verification of compliance with the
above, the company will refund the amount of the products subject to withdrawal within a maximum period of 14 days.
The company may suspend refunds until retrieval of the goods or until the customer provides proof of shipment of the goods to the company, as specified by article 56 comma 3 of the
Consumer Code.
The customer may also return items subject to withdrawal by simple delivery to the company headquarters. In any case, the customer is invited to contact the assistance service by email or
phone number at the addresses specified in the contact section of the website.
The company refunds the buyer using the same payment method chosen by the customer at the time of the purchase. In any case, the customer is invited to contact the assistance service
by email or phone number at the addresses specified in the contact section of the website.
10. DATA PROCESSING
The buyer’s personal details are processed in compliance with the provisions of the legislation on personal data protection as specified in the appropriate section containing the information
pursuant to article 13 of the GDPR.
11. ADDITIONAL PAYMENT ASSISTANCE SERVICES
No further assistance services provided.
12. CUSTOMER SERVICE AND COMPLAINTS
It is possible to request information, send notifications, request assistance or submit complaints by contacting CANTINA VIGNALUNA SNC, VIA TRIESTINA 59/A 30024, MUSILE DI PIAVE
8VE) or through the website by accessing the contact section. The company responds to complaints by email or post within a maximum of 5 working days.
13. APPLICABLE LAW AND JURISDICTION
These general conditions and consequently the agreements with customers if the customer is a consumer are governed by Italian law. Disputes arising from the interpretation, validity or
execution of these general conditions will be devolved to the jurisdiction of the judge of the customer/consumer’s place of residence or domicile, or the judge of the court of Venice for the
non-consumer customer.
