Terms & Conditions

Users who use the services offered by contiselections.com declare that they are aware of and accept these general terms and conditions.

Introduction

This document
This document constitutes a legal agreement between you, the User, and the company that manages contiselections.com 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 the User, are binding on the User. For simplicity, “User,” “you,” “your,” and similar terms, whether singular or plural, refer to you, the User. “Conti Selections di Conti Manuel”, “we”, “us”, “our” and similar terms refer to the company that owns and operates contiselections.com. “contiselections.com” refers to this site. “Services” means the features and functionality that you may use through contiselections.com. “Agreement” refers hereto. The contract is concluded in Italian. Other definitions can be found in the “Definitions” section at the end of this Agreement.

Acceptance of the Agreement

In order to use the Services, you must accept the Terms and Conditions and Privacy Policy when registering on the contiselections.com website. If you do not agree to the Agreement, you may not use the Service.

About contiselections.com

contiselections.com is an online store for the sale of wines to the consumer.

Registration, contiselections.com 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/her login credentials safe.

Account Deletion and Termination of User Accounts

Registered Users may deactivate their accounts, request their deletion or interrupt the use of the Service at any time, through the contiselections.com 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.

Content provided by third parties

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

Services provided by third parties

Users may use services or content included in contiselections.com provided by third parties, but must first read the terms and conditions of such third parties and accept them. Under no circumstances shall the Data Controller be held liable in relation to the proper functioning or availability, or both, of services provided by third parties.

Prohibited use

The Service shall be used in accordance with these terms.

Users may not:

• reverse engineer, decompile, disassemble, modify or create derivative works based on contiselections.com or any portion thereof;
• circumvent the computer systems used by contiselections.com or its licensors to protect the content accessible through it;
• copy, store, modify, change, prepare derivative works of, or alter in any way any of the content provided by contiselections.com;
• use any robot, spider, site search/retrieval application, or any other automated device, process, or means to access, retrieve, scrape, or index any portion of the contiselections.com or its contents;
• rent, license or sublicense contiselections.com;
• diffamare, offendere, molestare, mettere in atto pratiche minatorie, minacciare o in altro modo violare i diritti (quali il diritto alla privacy e alla pubblicità) di altri;
• diffondere o pubblicare contenuti illegali, osceni, illegittimi, diffamatori o inappropriati;
• utilizzare contiselections.com in qualunque altra modalità impropria tale da violare questi Termini.

Purchase process and user rights

Purchase Procedure

Each order you place constitutes an offer to purchase the products. Orders are subject to the availability and discretionary acceptance of the Data Controller. The User must select the products and check out, after carefully checking and possibly modifying the information contained in the order summary. The order is placed by confirming the order and is subject to the 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 at the time of sending the Order Confirmation by the Data Controller to the email address provided by the User. The Owner reserves the right not to confirm an order by informing the User within 20 days of purchase, 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.

Payment Methods

Payment for products purchased on the Site is made by credit card, prepaid card, through the PayPal payment solution. contiselections.com accepts VISA, MasterCard and AMEX credit cards, whose payments will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) protocol with 128-bit encryption. contiselections.com does not come into contact in any way with payment data – such as credit card details – provided. If the owner of each of these third-party instruments refuses payment authorization, contiselections.com will not be able to provide the Service and will not be liable for any delay or non-delivery. Any fees for handling unaccepted User payments will be charged to the User. The commercial invoice will be issued automatically when the ordered goods are shipped to the recipient. On the occasion of the first purchase, the user will be asked to communicate the data for the invoice header, including the tax code. You may subsequently amend this data. The invoice for each purchase will be available in the “Profile” section.

Prices & Shipping Costs

All prices of the products for sale on the Site are expressed in Euros (€) and, unless otherwise specified, are inclusive of VAT (Value Added Tax). Shipping costs and any other additional costs, including VAT and expressed in Euros (€), will be expressly and separately indicated in the order form before the user proceeds with the transmission of the same as well as on the order confirmation e-mail. The price of the products may be changed without prior notice, it being understood that the price charged to the User will be the one published on the product sheet at the time the order is placed. The full price indicated in the catalogue (“Crossed Out Price”) and against which the discount that applies contiselections.com is calculated may correspond: the list price to the public indicated by the supplier or the results of market surveys (selling price in wine shops or other commercial establishments). The methods of calculating the Strikethrough Price vary from product to product. Please note that Crossed Out Prices may provide an indication of the value of the product, but that in some stores the actual price of the product may be different.

Retention of title

Until the price of the products ordered has been paid in full, the products remain the property of the Data Controller.

Product Availability

Prices, descriptions or availability of products displayed are subject to change without notice. The photos included are indicative and do not constitute a guarantee of the quality of the products. If an item ordered is not available, the Owner will immediately inform the customer and will proceed with the refund of any price already paid.

Products on offer

The Data Controller reserves the right, at its sole and indisputable discretion, to offer some products at a discounted price for a limited period of time. The conditions to which these offers are subject are indicated from time to time in the information sheet related to the offer. Each offer will be valid until the set deadline and, in any case, while stocks last.

Execution of the Order

The Order is executed within the terms specified on the summary page and in the Order Confirmation email, subject to the availability of the product ordered. The Owner shall not be held liable 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

Generally, shipping takes place within 48 hours. Deliveries are made during normal working hours to the address indicated by the User, through a carrier throughout the Italian territory and abroad (excluding exceptions indicated by the carrier). The carrier assumes full responsibility for the transport, from the collection of the goods at contiselections.com, to the delivery to the address you have indicated. In case of non-collection 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, nor for delays in shipment or damage that may occur to the products after delivery to the carrier, where the latter has been chosen and appointed by the User.

Damaged goods

If you receive packages damaged by the courier, broken or stained by the spillage of wine from any broken bottles, please reject the shipment to the sender and contiselections.com will take care of the return and restoration of the shipment. If the shipment consists of several packages and not all of them are damaged, please return the damaged package to the sender by signing the courier’s note “With Reserve”. contiselections.com will arrange for the return of the damaged package and its replacement. If the product to be replaced is out of stock, contiselections.com will contact you promptly for a possible replacement or for a refund of the remaining value. Any shipping costs for the return of the damaged package to the sender and the return of the new one are borne by contiselections.com.

Right of withdrawal

In accordance with the provisions of articles 64 et seq. of Legislative Decree no. 206 of 6 September 2005, in the event of the purchase of products or services on contiselections.com the consumer User has the right to withdraw from the contract without stating the reasons, within 30 days. The withdrawal period expires after 30 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 Data Controller of the decision to withdraw by means of an explicit declaration sent to the contacts indicated. The conditions of withdrawal and/or refund applicable to purchases made by non-consumer users are agreed on a case-by-case basis between the Owner and the User.

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 resulting 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. Such 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 shall not incur any costs as a consequence of such reimbursement. The refund may be suspended until the goods are received or until the User has prudent proof that he has sent the goods back, whichever is earlier. The User is requested to return the goods and deliver them to the Data Controller 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 sends back the goods before the expiry of the 14-day period. The return shipping costs are the responsibility of the User. The User is only responsible for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning.

Limitations on the right of withdrawal on products

Returned products that are damaged or used in a different and additional way than what is strictly necessary to establish their nature, characteristics and operation will be reimbursed after deduction of the decrease in value resulting from the damage or use. Reimbursement is excluded when the decrease in value is total. The User is requested to include a copy of the delivery document received inside the package. Please return the products in their original packaging. The User declares to acknowledge and accept that there are exceptions to the right of withdrawal. For example, the right of withdrawal does not apply to:

• the supply of goods that are likely to deteriorate or expire rapidly;
• the supply of sealed goods that cannot be returned for reasons of hygiene or health protection and have been opened after delivery;
• the supply of alcoholic beverages, the price of which has been agreed at the time of conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations in the market which cannot be controlled by the trader.

If one of the above-mentioned exceptions is applicable to the goods purchased by the User, the User 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 acts for purposes unrelated to his or her business and professional activity.

Guarantee

The User who purchases as a consumer has the right to guarantee the conformity of the products purchased within 12 months of purchase, provided that the defects found are notified within 2 months of their discovery. In order to exercise the warranty right, 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. If the lack of conformity of the product is ascertained, the User has the right to have it repaired or replaced. The User also has the right to request from the Data Controller an appropriate price reduction or the termination of the contract in the following cases:

• if repair and replacement are impossible or excessively expensive;
• if the Data Controller has not repaired or replaced the goods within a reasonable period of time, in any case not less than 15 days;
• if the replacement or repair previously carried out has caused significant inconvenience to the User.

To exercise the warranty claim or to obtain further information in this regard, the User is required to contact the Data Controller.

Warranty, Indemnification and Limitation of Liability

Indemnity

The User undertakes to indemnify the Owner (as well as any subsidiaries or affiliates thereof, its representatives, directors, agents, licensors, partners and employees), from any obligation or liability, including any legal costs incurred to defend itself in court, which may arise in respect of damage caused to other Users or third parties, in connection with content uploaded online, violation of the law or the terms of these Terms of Service.

Limitations of Liability

The Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only when these are an immediate and direct consequence, due to wilful misconduct or gross negligence, of the activity of contiselections.com. The User expressly exempts and relieves the Owner from any liability, within the limits permitted by applicable legislation, in relation to any damages or claims of any kind and/or of third parties including direct, indirect, punitive, incidental, special damages, damages resulting from lost profits, lost revenues, loss of data or replacement costs arising from or in any case connected with this agreement.

Miscellany

Interruption of service

The Owner reserves the right to add, remove functionality or features or suspend or completely interrupt the provision of the Service, either temporarily or permanently. In the event of a permanent interruption, the Owner will act as possible to allow Users to retrieve their information hosted by the Owner.

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of contiselections.com and its Services without the express permission of the Owner, granted directly or through a specific resale program.

Privacy Policy

Per informazioni sull’utilizzo dei dati personali, gli Utenti devono fare riferimento alla privacy policy di contiselections.com.

Intellectual property

All trademarks on the contiselections.com site, whether figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing concerning contiselections.com are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties. All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing concerning third parties are and remain the exclusive property of such third parties or their assigns and are protected by applicable trademark laws and related international treaties. The Owner does not own them and is authorized to use and/or display them on contiselections.com within the limits of the agreements entered into with such third parties and for the sole purpose of providing the Service.

Age Requirements

Users declare that they are of legal age according to the legislation applicable to them. Minors may use contiselections.com only with the assistance of a parent or guardian. Under no circumstances may children under the age of 13 use contiselections.com.

Changes to these Terms

The Owner reserves the right to make changes to these Terms at any time, giving notice to the User by publishing it in contiselections.com. If you continue to use the contiselections.com after the changes have been posted, you accept the new Terms without reservation.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or some of the rights or obligations arising from these Terms, provided that the User’s rights provided herein are not affected. You may not assign or transfer in any way your rights or obligations under these Terms without the written permission of the Owner.

Communications

All communications regarding contiselections.com should be sent using the contact information provided.

Severability clause

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall not be affected by it and shall remain in effect.

Applicable Law and 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 is located. An exception is the exclusive place of jurisdiction of the consumer, if the law provides for it.

Online Dispute Resolution for Consumers

If you are a consumer residing in Europe, you should be aware 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 settle non-judicial any dispute relating to and/or arising from contracts for the sale of goods and services entered into 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 Data Controller. The Data Controller is available to answer any question sent by email to the email address published in this document.

Contacts

If you would like to request general information, make complaints about sales or would like to request more information about purchase orders, products, shipping and payments, you can contact Customer Service at the email address info@contiselections.com.

Definitions

Service

The service offered by contiselections.com as described in these Terms and within contiselections.com.

User

The natural or legal person using the Service.

Terms and Conditions (or Terms)

These general terms and conditions of service, which constitute a legally binding agreement between the User and the Owner.

Order Processing Receipt

Indicates the email that the Data Controller sends upon receipt of the order.

Order Confirmation

Indicates the email that the Data Controller sends at the time the products are shipped confirming the shipment of all or part of the products purchased.