Terms and conditions of use

Conditions of sale

These General Conditions of Sale govern the offer and sale of products on the website https://www.millesuoli.it/gb/ (“Site”).

Save any further or different definition contained in these General Terms of Sale, the terms and expressions marked with the initial capitals, will have in the same terms the meaning attributed to them, but it is understood that the terms defined in plural are also defined in the singular and vice versa:

The products marketed on the Site, wine bottles and other products ("Products"), are offered and sold by Evino S.r.l., with registered office in via Pietro Rombulo 1, Palermo (PA), registered in the Register of Companies of Palermo at number 07110960825, n. Rea PA-437647, VAT and tax code 07110960825, social capital paid and entirely equal to euro 5.000,00 (“EVINO”).

You can ask for information, send communications, request assistance or submit complaints by contacting the Millesuoli Customer Service ("Customer Service") through the following methods:

• By e-mail, address serviceclienti@millesuoli.it
• By mail, writing to Evino Srl, via Pietro Rombulo 1, 90149, Palermo (PA).

Art.1 – Scope of application

1.1 The offer and sale on the Website of the Products constitute a distance contract governed by art. 49 and s. of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and Legislative Decree no. 70 of 9 April 2003, containing the rules of electronic commerce.

1.2 These General Conditions of Sale apply to all sales made by EVINO on the Site.

1.3 The General Conditions of Sale can be changed at any time. Any changes and/or new conditions will be in effect from the moment of their publication on the Site in the "Conditions of Sale" section. Users are therefore invited to access the Site regularly and to consult the latest version of the General Conditions of Sale before making any purchase.

1.4 The General Conditions of Sale applicable are those in force on the date of sending the purchase order.

1.5 These General Conditions of Sale do not govern the sale of products and/or the provision of services by entities other than EVINO who are present on the Site through links, banners or other hyperlinks. Before making commercial transactions with such subjects you must check their sales conditions. EVINO is not responsible for the provision of services and/or for the sale of products by such parties. On websites that can be consulted through such EVINO links, there is no control and/or monitoring. EVINO is therefore not responsible for the content of such sites or for any errors and/or omissions and/or violations of law by them.

Art.2 - Nature of goods

2.1 The goods and services on sale are those described on the pages of the Site, where the name of the product and the possible description contain the essential characteristics of the goods, as well as the vintage actually on sale.

2.2 These data are subject to change, periodic updates, in order to further improve the service for the consumer.

Art.3 - Prices and availability products. Product information

3 The prices of the Products are clearly indicated on the Site and include VAT. The price of the product must be added to the shipping cost provided, the amount of which varies according to the delivery method required, as well as customs duties where necessary. The price of the purchased goods is summarised in the order form at the end of the purchase process.

3.2 Each Product is accompanied by an information sheet indicating its main characteristics in addition to the price including VAT. ("Product Card").

In addition, the Product Datasheet indicates:

1. If the customer has the right of withdrawal and the manner of exercise of the same (in the event that the right of withdrawal exists, the period within which the withdrawal must be exercised and that within which the product must be returned; which is the address to which the product must be sent; which is the time limit within which EVINO reimburses the customer the sums paid in relation to the product object of withdrawal;
2. That article 7 of the law of 8 November 2012, n. 189, of conversion of the decree law 13 September 2012, n. 158 prohibits the sale of wine to under 18 years and that the delivery of the order can be carried out only to subjects that demonstrate to be seniors, with the exclusion of delivery to postal boxes;
3. The amount of delivery costs and the amount of the order above which the delivery costs are not due, any additional cost, including VAT if due;
4. The term, and its decoration, for the delivery of the Product;
5. In case a Product is offered on the Site at a discounted price, the full reference price compared to which the discount is calculated and to what this full reference price corresponds.

3.3 In case a Product is offered on the Site at a discounted price, the Product Data Sheet will be indicated (i) the full reference price compared to which the discount is calculated and (ii) to what this full reference price corresponds. It is understood that the offer of products at discounted prices will be carried out only in case the full reference price of the Product corresponds to the actual market price of the same.

3.4 The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products. The images of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their viewing. Such images must therefore be understood as indicative and with the tolerances of use. For the purposes of the purchase agreement, the description of the Product contained in the Product Datasheet will be authentic.

3.5 If the ordered product is not available for reasons not dependent on the will of EVINO (an accident break during preparation, accidental damage of the label etc.) will be given prompt notice to the customer who will be entitled to choose one of the following options:

• Total cancellation of the order and contextual refund;
• Partial cancellation of the order and contextual replacement of the missing product with rectification of the total amount of the order;
• Good issue related to the missing product to be used on the site;
• Expected shipment for a communicated period, useful to the reabsorption of the product.

Art.4 – Information directed at the conclusion of the contract. Purchase contracts concluded by minors

4.1. In accordance with Legislative Decree no. 70 of 9 April 2003 concerning electronic commerce, EVINO informs the customer that:

1. To conclude the contract of purchase of one or more Products on the Site, the customer must necessarily fill out an order form in electronic format and send it to EVINO, online, following the instructions that will appear from time to time on the Site;
2. The contract is concluded when the order form reaches the EVINO server;
3. Before transmitting the order form, the customer can identify and correct any data entry errors by following the instructions on the Site, using the “Back” link;
4. Once the order form is registered, EVINO will send the customer (to the e-mail address indicated on the occasion of registration on the Website) the confirmation of the order containing: a summary of the general and particular conditions applicable to the contract, the information relating to the essential characteristics of the purchased product, the detailed indication of the price, the payment method used, the delivery costs and any additional costs as well as the type instructions on the withdrawal and the type withdrawal form referred to in article 7;
5. The order form will be stored in the EVINO database for the time necessary for the execution of the same and, however, in the terms of law. To access your order form, the customer can consult the "My Account – Historical Orders" section of the Site.

4.2. The language available to users for the conclusion of the contract is Italian. The Customer Service communicates with users in Italian.

4.3 Purchase on the Site can only be made by seniors.

Art.5 -Orders/Facilities

5.1 EVINO does not accept orders by e-mail, fax or telephone, but only through the Site. The customer may contact EVINO by email only to obtain information about the Products and/or their terms of sale through the Site.

5.2 The delivery of the Product by EVINO will be only after receiving confirmation of the successful outcome of the payment of the total amount due, consisting of the price of the Product, the delivery costs, if applied, and any other additional cost, as resulting from the order ("Total Port"). By “speding” means the delivery of the Product by EVINO to the courier.

5.3 In the event that the customer has chosen as payment method the credit card, the payment solution PayPal or the bank transfer and the payment is not confirmed, the purchase agreement will be resolved by law pursuant to and for the effects referred to in Article 1456 c.c. The customer will be notified by e-mail of the termination of the contract and of the consequent cancellation of the order.

5.4 In the order confirmation email, in addition to the content referred to in Article 4.1 (iv), the customer will also find the order number indication, which will then be used in any subsequent communication with EVINO, as well as the delivery and billing address.

5.5 Through the “My Orders” page, the customer can access the order history and have the opportunity to view the information regarding all purchase orders made.

Art.6 - Delivery of goods

6.1. The delivery by EVINO of the Products purchased on the Website takes place in Europe. The customer is therefore obliged to enter a shipping address within the European borders on the order form. Delivery may not also be made at mailboxes or mailboxes.

6.2. In the event that the shipping address is beyond the European borders or at a postal box or post office, EVINO will proceed to the termination of the contract pursuant to and for the effects referred to in Article 1456 c.c. and the reimbursement of the Total Income, if already paid.

6.3 The shipping costs of the product are borne by the customer and amount to € 7.90 for orders less than € 69,00 in Italy. In Europe the cost of shipping varies according to weight, unless otherwise indicated in the Product Datasheet or other pages of the Site. Their amount is expressly and separately indicated (in Euro and inclusive of VAT) in the Product Card and in the summary of the order and, in any case, before the customer transmits the same, as well as in the order confirmation email.

6.4 Shipping costs are free of charge for orders over € 69,00 for shipments in Italy or the different amount indicated in the cart according to the weight of the order.

6.5 EVINO uses appropriate packaging compared to the nature of the Products purchased by the customer. In the case of homogeneous shipments by manufacturer or mixed daily selections, EVINO reserves the right to use the packaging of the same manufacturers.

6.6 If at the time of delivery the recipient is absent, the customer will be contacted by the EVINO Customer Service to agree another day and delivery time. If you cannot personally collect the Product, you may delegate a third party in writing. The delegation must be accompanied by a copy of the identification document of the customer and the delegated person.

6.7 In the event that the customer is absent also per day and the agreed delivery time in accordance with the preceding article, and will not contact EVINO in the next 15 working days, the Product will be "in stock ". The Customer Service will then send an email to the customer in order to unlock the deposit and make sure that the parcel is delivered to him as soon as possible. If necessary, the Customer Service will be able to change the shipping address with the customer. If such an attempt is also void or the customer does not respond to the contact attempt of the Customer Service, the Product will be returned to EVINO and, in any case, decorated 10 working days from the first attempt of delivery, the contract will be resolved and the purchase order subsequently canceled pursuant to article 1456 c.c. EVINO will then proceed, in the period of 15 working days following the termination of the contract, to the refund of the Total Inport. The termination of the contract and the amount of the refund will be communicated to the customer by e-mail. In the event that, before the end of the 30 working days, the customer asks to receive the Product again, EVINO will proceed to the new delivery after the charge, in addition to the expenses of the same, of the return of the Product to EVINO and of the expenses of custody .

6.8 The customer acknowledges that the withdrawal of the Product is a precise obligation deriving from the purchase contract.

6.9 It is for the customer to verify the conditions of the Product that has been delivered to him. It is recommended to the customer to verify the integrity of the packaging and the number of Products received and to ask, where possible, to indicate on the carrier's transport document, any anomalies. In the event that the package has obvious signs of tampering or alteration, it is recommended that the customer give prompt communication to EVINO through the Customer Service. The application of the rules on the right of withdrawal and legal guarantee of conformity remains firm.

6.10 The customer is informed that, pursuant to Article 1698 c.c., the unreserved receipt of the Products shall extinguish the shares resulting from the transport contract, i.e. the shares that the customer may experience with regard to the courier, in the event of loss or damage of the Products, except for the case of dolo or serious fault of the same and except for partial loss or damage not recognizable at the time of delivery, provided in the latter case, the damage is denounced as soon known and no later than eight working days after receipt.

6 The delivery terms are those indicated in the Product Card before the customer sends the order, and in the order confirmation email; they must, unless otherwise provided, by sending the order, without prejudice to the provisions in the case of payment by bank transfer from art. 9.12. In the event of an omitted indication of a delivery period, it will be within 30 working days from the one after sending the order.

6 At the time of shipment, that is, of the delivery of the Products to the carrier, will be sent to the customer an email confirmation of the eventual shipment.

6.13 Delivery will be made by a courier in charge of EVINO, Monday to Friday, within the following time: 9-17, excluding national holidays.

6.14 For no reason the courier is authorized to deliver the Products to minors or that they are unable to show a valid identity document .

6.15 Before delivery, the courier will, at the expense of EVINO, contact the customer, to define, if necessary, the most suitable time for delivery of the Product at the address indicated by the customer at the time of delivery of the order.

6.16 EVINO invites the customer to indicate to the “Addresses” page of the purchase process, if necessary, the name indicated on the intercom/store to which the courier must refer for the delivery of the Product.

6.17 The obligation of delivery is fulfilled by transferring material availability or in any case by controlling goods to the consumer.

6.18 You cannot make purchases on the Site those who have not withdrawn the package for more than twice. In the event that such parties carry out orders in violation of that provision, the purchase agreement may be deemed to be terminated by law pursuant to and for the effects referred to in Article 1456 c.c. The termination of the contract will be communicated to the customer by e-mail and to the customer will be returned the Total Portfolio Due, if paid.

6.19 In the event that the Product purchased is not delivered or delivered late compared to the delivery terms indicated during the purchase process and in the order confirmation, the customer, pursuant to article 61 of the Consumer Code, invites EVINO to carry out the delivery within an additional period appropriate to the circumstances (“Termine Supplementare ex art. 61, III paragraph, Code of Consumption”).

6.20 If this additional term expires without the Product being delivered, the customer is entitled to terminate the contract ("Resolution of the Contract pursuant to art. 61, third paragraph, Consumer Code"), unless the right to compensation of the damage. The customer is not obliged to grant EVINO the Supplementary Term ex art. 61, third paragraph, the Consumer Code ("Exclusive Care") if:

1. EVINO has expressly refused to deliver the Product;
2. Respect for the delivery period indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
3. The customer informed EVINO, before the conclusion of the contract, that the delivery within or at a given date is essential.

In the Excluded cases, the customer, if he does not receive the Product in the delivery period indicated during the purchase process and in the order confirmation, is entitled to terminate the contract immediately, unless the right to compensation for the damage (“Resolution of the Contract in the Excluded Cases”).

6.21 The indication of the Term Supplementary ex art. 61, III, Consumer Code and the communication of Resolution of the Contract ex art. 61, third paragraph, Code of Consumption or Resolution of the Contract in the Excluded cases shall be communicated by the customer to EVINO by means of the Customer Service.

6.22 In the case of Resolution of the Contract ex art. 61, third paragraph, Code of Consumption or Resolution in the Excluded Cases, EVINO will refund the Client the Total Port Due without undue delay. The refund will be made in the manner referred to in art. 6.28.

6.23 In the event that the customer does not establish the Supplementary Term pursuant to art. 61, III, the Consumer Code or, using the conditions, the Resolution of the Contract pursuant to art. 61, III paragraph, the Consumer Code or the Resolution of the Contract in the Excluded Cases, without prejudice to the possibility for the Client to avail himself at any time of such remedies and/or ordinary means of protection made available by law and, in particular

1. To notify the customer promptly and by e-mail of the delay in delivery (“E-mail of Warning Notice”), indicating at the same time the new delivery time, if available (“New Delivery Time”);
2. In case of delivery with a delay between 1 and 3 working days compared to the New Delivery Time, refund to the customer that the delivery costs are required, if already paid, within ten working days from the expiry of the New Delivery Time or do not request payment, to the customer who makes a request in this sense, if not yet paid;
3. In case of delivery with a delay between 4 and 10 working days with respect to the New Delivery Time, allow the customer to refuse the delivery and to terminate the contract, resulting in a refund of the Total Delivery Time, if already paid, immediately and, in any case, within 10 working days from the request for termination of the contract or, alternatively, if the customer does not want to terminate the contract, refund to the customer that requests the delivery costs, if already paid;
4. In case of delay in delivery of more than 10 working days than the New Delivery Time or, in any case, at 20 days compared to the original delivery period, offer the customer who requests it, in addition to the provisions of Article 6.23 (iii) above, the provision of a different Product of equivalent or higher value, upon payment, in the latter case, of the difference and express consent of the customer.

6.24 In the case of Multipli Orders which have as object Products that must be delivered separately, the provision referred to in Article 6.23 above will find autonomous application to each delivery. Compared to each delivery and, therefore, limited to the Products subject to the same, the customer may proceed to the fixing of the Term Supplementary ex art. 61, III paragraph, Code of Consumption and Resolution ex art. 61, III paragraph, Code of Consumption or Resolution in the Excluded Cases, using the relevant conditions. In this case, EVINO will reimburse the customer of the Partial Port due without undue delay. The refund will be made in the manner set out in Article 6.28 below.

6.26 In the event of failure to send the notice notice notice or of failure to fix in the same of the New Delivery Time, all the terms referred to in this article will start from the original delivery period.

6.27 The acceptance by the customer of the new delivery period communicated by EVINO pursuant to this article and the choice of the customer, in the cases referred to in artt. 8.8.1 (III) and (IV) and 8.8.2 (III) and (IV), must be promptly communicated to EVINO through the Customer Service.

6.28 In all cases where a refund is due to the customer, the refund amount will be communicated to the customer by e-mail. It will be credited to the same means of payment used by the customer for the purchase. Any delays may depend on the bank, credit card type or payment solution used.

6.29 Summer Shipments: given the high current temperatures, to better preserve the characteristics of your wines, we will carry out the shipments from Monday to Thursday, so as not to leave the bottles lying all weekend.

Art.7 - Right to Recesso

7.1 The customer who has purchased Products through the Website and has the right to withdraw from the contract concluded with EVINO, without having to bear costs other than those provided for in Articles 7.5, 7.6 and 7.7 and without having to specify the reason, within fourteen (14) calendar days. The withdrawal period (“Period of Recesso”) expires after 14 days:

1. In the case of order relating to a single Product, from the day on which the customer or a third party, different from the carrier and designated by the customer, acquires the physical possession of the Product;
2. In the case of a Multiple Order with separate deliveries, from the day when the customer or a third party, other than the carrier and designated by the customer, acquires the physical possession of the last Product; or
3. In the case of an order relating to the delivery of a Product consisting of lots or multiple pieces, from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires the physical possession of the last batch or piece.

7.2. In order to exercise the right of withdrawal, the customer must inform EVINO, before the expiry of the Recess Period of his decision to withdraw.

7.3 To this end the customer can:

1. Use the form of withdrawal type placed at your disposal on the Site, before the conclusion of the contract ("Transit Form") and attached to the confirmation email of the shipment referred to in Article 4.1 (iv); or
2. Submit any other explicit statement of your decision to withdraw from the contract (“Request Statement”).
3. The Type Retreat Form or the Statement of Retreat must be sent to the following addresses: EVINO Srl, via Pietro Rombulo 1, 90149, Palermo (PA); email: serviceclienti@millesuoli.it

7.4 The customer has exercised his right of withdrawal within the Retreat Period, if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the Retreat Period. In the event that the customer takes advantage of the Declaration of Recesso, he is invited to indicate in the Declaration of Recesso the number of the order, the Product(s) for which he intends to exercise the right of withdrawal and his address. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Retreat Period is on the customer, it is in the interest of the latter to avail of a durable support when communicating to EVINO its withdrawal.

7.5 The customer must return the Product to EVINO, using a carrier of his own choice and at his own expense, without undue delay and in any case within the period of 14 calendar days from the date on which he communicated to EVINO his decision to withdraw. The term is respected, if the customer returns the Product before the expiry of the period of fourteen days. The product, properly protected and packed, must be shipped to the following address: EVINO, via Pietro Rombulo 1, 90149, Palermo (PA). The direct costs of returning the product to EVINO are borne by the customer. The Type Instructions on the Retreat, containing information on the exercise of the right of withdrawal, are made available to the customer on the Site, before the conclusion of the contract and attached to the confirmation e-mail of the shipment referred to in Article 4.1 (iv). The return of the product to EVINO takes place under the responsibility of the customer.

Received the Recesso Form, EVINO will email the customer the receipt of the same.

7.7 If the customer withdraws from the contract, EVINO will proceed to the reimbursement of the Total Intake paid by the customer for the Product, excluding the direct cost of the return, without undue delay and in any case no more than 14 calendar days from the day when EVINO was informed of the customer's decision to terminate the contract. The refund will be made pursuant to art. 6.28. The refund may be suspended until the receipt of the Products or until the customer's demonstration has returned the Products, if previous.

7.8 In the case of partial withdrawal from Multipli Orders, the amount of delivery costs to be refunded to the customer will be quantified in proportion to the value of the Product object of withdrawal. Therefore, if for example, the customer has made a total order of 200,00 Euro, in which two Products are included, the first of the value of 50,00 Euro and the second of the value of 150,00 Euro, and returns the Product of the value of 150,00 Euro, will be refunded an amount equal to 75% of the delivery costs he has incurred. In any case, the amount of delivery costs to be returned will never exceed the amount actually paid by the user.

7.9 The customer is solely responsible for the decrease in the value of the goods resulting from a manipulation of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must, however, be kept, manipulated and inspected with the normal diligence and returned intact, complete in all its parts, perfectly working, accompanied by all accessories and illustrative sheets, with identification tags, labels and disposable seal, where present, still attached to the Product and intact and unmoved, as well as perfectly suitable for use to which it is intended and without signs of wear. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute autonomous products) of the Product.

7.10 If the withdrawal has not been exercised in accordance with the applicable legislation, it will not result in the termination of the contract and, consequently, will not be entitled to any refund. EVINO will notify the customer within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product, if already received at EVINO, will remain at EVINO at the disposal of the customer for the withdrawal that will take place at the expense and under the responsibility of the customer.

7 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and operation of the Product, the refund amount will be deducted of an amount equal to that decrease in value. Of the circumstance and the resulting decreased amount of refund EVINO will notify the customer within 5 working days from receipt of the Product, providing to the same, in case the refund has already been paid, the bank details for the payment of the amount due to the decrease in value of the Product.

7 In the event that, using one of the legal hypotheses, the right of withdrawal does not apply, of such exclusion will be given specific and express communication in the Product Datasheet and, in any case, during the purchase process, before the customer proceeds to the transmission of the order. Please note in any case that, pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the case where the sale is subject to:

1. Customized or clearly customized packaged products;
2. Products likely to deteriorate or expire quickly;
3. Alcoholic beverages whose price has been agreed at the time of conclusion of the contract, whose delivery can only take place after thirty days and whose actual value depends on fluctuations in the market that cannot be controlled by EVINO;
4. Sealed audio or video recordings, sealed computer software, open by the consumer after delivery;
5. Newspapers, magazines and magazines.

Art. 8 - Legal guarantee of conformity. Producer's Guarantees

8.1. All products sold on the Site are covered by the Legal Conformity Warranty provided for by Articles 128-135 of the Consumer Code ("Legal Guarantee").

8.2. Legal Warranty is reserved to consumers. It therefore finds application, only to users who have made the purchase on the Website for purposes other than business, commercial, craft or professional activity, if necessary.

8.3. The seller (and, therefore, with regard to the purchases made on the SITE) is responsible to the customer for any lack of conformity existing at the time of delivery of the product and manifested within two years from that delivery. The lack of conformity must be denounced to the seller, penalty of decadence from the guarantee, within two months from the date on which it was discovered.

Unless otherwise proved, it is presumed that the defects of conformity which occur within six months of delivery of the products already existed at that date, unless such hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. From the seventh month following the delivery of the product, it will be the customer's burden to prove that the lack of conformity already existed at the time of delivery of the product.

In order to take advantage of the Legal Warranty, the customer must therefore provide evidence of the date of purchase and delivery of the goods. It is therefore appropriate that the customer, for the purposes of this test, retain the purchase invoice, that EVINO sends it as well as the DDT or any other document that may attest the date of making the purchase (for example the credit card statement or the bank account extract) and/or the date of delivery of the Product.

8.4 You have a lack of conformity when the purchased asset:

1. It is not suitable for use to which goods of the same type are usually used;
2. It does not comply with the description made by the seller and does not possess the qualities of the good that the seller has presented to the customer as sample or model;
3. It does not present the usual qualities and performance of a commodity of the same type, which the customer can reasonably expect, taking into account also the statements made in advertising or labelling;
4. It is not suitable for the particular use desired by the customer and that it has been brought to know of the seller at the time of conclusion of the contract and that the seller has accepted.

They are therefore excluded from the field of application of the Legal Warranty any defects determined by accidental facts or responsibility of the customer or by a use of the Product not conform to its intended use.

8.5 In the event of a defect of conformity, the customer has the right to:

1. Primaryly, to the free repair or replacement of the good, in its choice, unless the remedy required is objectively impossible or excessively honorable compared to the other;
2. Secondary (in case repair or replacement is impossible or excessively expensive or repair or replacement has not been carried out within reasonable terms or repair or replacement previously made have caused considerable inconvenience to the customer) to the price reduction or to the termination of the contract, at its choice.

The remedy required is excessively honorable if it imposes unreasonable expenses to the seller in comparison with alternative remedies that can be experienced, taking into account (i) the value that the good would have if there was no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be experited without significant inconvenience to the customer.

8.6 In the event that a product purchased on the Site, during the period of validity of the Legal Warranty, manifest what may be a lack of conformity, the customer must contact the EVINO Customer Service. Customer Service will promptly respond to communication within [5] working days, indicating to the customer what next steps he will have to make.

The Product in respect of which the customer complains of the lack of conformity must be sent to EVINO that will carry out verification of the subsistence or not of the complained defect.

EVINO reserves the right to ask the customer to attach to the request the purchase invoice and/or the DDT or other document that proves the date of making the purchase and/or the date of delivery.

8.7 Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer ("Conventional Guarantee"). The customer can only enforce this warranty against the manufacturer. The duration, extension, even territorial, conditions and modes of use, types of damages / defects covered and any restrictions of the Conventional Warranty depend on the individual manufacturer and are indicated in c.d. warranty certificate, possibly contained in the product packaging.

8.8 The Conventional Warranty has a voluntary nature and is not added, does not replace, does not limit and does not prejudice or exclude the Legal Warranty.

9. Payment methods

9.1 Payment of the Products purchased on the Site may be made by credit card, PayPal payment solution, bank transfer or other electronic payment systems. The payment methods actually available to the customer are clearly indicated during the purchase procedure.

The invoice may also be issued after delivery of the goods, within the time required by law, and will be sent by email. For the issue of the invoice, the information provided by the customer is authentic upon the transmission of the order through the Site and that the customer guarantees to be true. No change in invoice will be possible after the issue of the same.

9.2 The credit cards accepted by EVINO are Mastercard, Maestro, Visa and Visa Electron, whose payments will be processed through a secure server-to-server connection using SSL .

9.3 EVINO is unable to know at any time of the purchase procedure and does not in any way store the credit card data used by the customer for the payment of the Products. This data will be transmitted directly through secure connection to the banking institution that manages the transaction.

9.4 In the case of payment by credit card, EVINO shall charge the Total amount due at the time of transmission of the order.

9.5 In order to ensure the security of payments made on the Site and prevent any fraud, EVINO reserves the right to ask the customer, by e-mail, to send a copy of the valid identity card through the same means. In the request email will be specified the deadline within which the document must arrive at EVINO. This term shall not, in any case, be greater than [5] working days from receipt of the request by the customer. Waiting for the requested document, the order will be suspended. The customer is required to send the requested documents in the specified period.

9.6 In the event that EVINO does not receive such documents in the time specified in the e-mail request or receive expired or invalid documents, the contract will be terminated by law pursuant to and for the effects referred to in Article 1456 c.c. and the order subsequently canceled, unless the right of EVINO to compensation for any damage in which EVINO may incur due to the non-compliant behavior of the customer. The termination of the contract, of which the customer will be notified by e-mail, within and beyond [5] working days from the expiry of the term for the sending of the documents requested by EVINO, will result in the cancellation of the order and the refund of the Total Port due, possibly already paid by the customer. In the event of receipt by EVINO of documentation valid in the specified period, the delivery terms applicable to the Products will start from the date of receipt.

9.7 In the event of payment by credit card, in all cases of termination of the contract and consequent cancellation of the order, EVINO will require the reference banking institution to cancel the payment transaction and return the committed amount. Return times depend exclusively on the banking system. Once requested by the reference banking institution, the cancellation of the payment transaction, therefore, in no case, EVINO may be liable for any damages, direct or indirect, caused by the delay in the failure to return the amount committed by the banking system.

9.8 If the customer chooses as a PayPal payment method, he will be redirected to the site www.paypal.it where you will pay the Products according to the procedure provided and regulated by PayPal and the terms and conditions agreed between the customer and PayPal. The data entered on the PayPal website will be processed directly by the same and will not be transmitted or shared with EVINO. EVINO is therefore unable to know and in no way stores the credit card data connected to the PayPal account of the customer or the data of any other payment tool connected with that account.

9.9 In the case of payment by PayPal, the Total Docued Import will be charged by PayPal to the customer at the end of the online contract. In the event of termination of the purchase contract and subsequent cancellation of the purchase order (as well as any other refund case, under any heading) the Total Import You will be credited to your PayPal account. The credit time on the payment tool connected to this account depends exclusively on PayPal and the banking system. Once the accrued order is placed in favour of this account, EVINO cannot be held responsible for any delays or omissions in the accreditation to the customer of the Importo di Rimborso, to contest which the customer will have to contact directly to PayPal.

9.10 EVINO is unable to know at any time of the purchase procedure and does not in any way store the credit card data connected to the PayPal account of the customer or the data of any other payment tool connected with that account.

9 In the event that the customer chooses as payment method the bank transfer, EVINO, once received the order, will communicate by e-mail to the customer the bank details and the term for the transfer. The email (which will have the following object: “Waiting for payment with bank transfer”) will also contain the request to send by e-mail the receipt of the transfer made or confirmation of the execution of the same, in the case of transfer through home banking .

9 In the case of payment by bank transfer, the delivery time of the Product indicated in the Product Card, will start from the date of receipt of the transfer by EVINO and not from the date of transmission of the order, as is the case in case the customer chooses other payment methods .

To facilitate the connection between the payment received by bank transfer and the order made, the customer is required to indicate in the case of the bank transfer :

1. The reference number of the order;
2. The date of placing the order;
3. Name and surname of the order owner, if different from that of the current account holder from which the transfer comes.

9.13 In the case of payment by bank transfer, the payment by the customer must arrive at EVINO within 15 working days from the date of sending the purchase order. Otherwise, the contract will be terminated by law pursuant to Article 1456 c.c. and the order subsequently deleted. The termination of the contract, of which the customer will be notified by e-mail, within and beyond [5] working days from the expiry of the deadline within which the payment has to be sent to EVINO, will result in the cancellation of the order and the refund of the Total Import If necessary paid late by the customer. EVINO will ask the user to provide the necessary bank details to EVINO for the refund by e-mail.

Art.10 - Discount Rules.

10.1 The discount codes are alphanumeric codes that, indicated on the Site at the time of payment of an order, give the right to the discount associated with the code itself, with the limits described for each single discount code. In any case, the discount codes can only be used for purchases of Products on the Site and after registration to the Site by the customer. Discount codes can be distributed by EVINO to its customers, actual or potential, with promotional or commercial purposes, electronic or paper.

10.2 Without prejudice to the application of the legislation on the protection of personal data and in compliance with it, discount codes may be distributed in different ways including:

• E-mail in direct marketing campaigns
• Paper media ( discount code)

10.3 In the same way that the alphanumeric code is communicated, the amount and expiry of the discount voucher will always be clearly indicated. Discount codes must be used within the deadline. After this period the discount code will no longer be used and the holder will not be able to request replacement with another code having higher validity. If the discount code is lower than the order, the remaining sum can be completed according to the payment methods provided on the Site. Discount codes are not combinable with one purchase. Discount codes can also be used to purchase products already in promotion. Discount codes may also be used for payments of expenditure amounts lower than their value; in this case the remaining discount will not be re-accredited and is considered lost. Each discount code can be used for only one purchase. In no case do the discount codes entitle you to rest in case of purchases of lower amount. In order to benefit from discounts by means of discount codes on the Site, you must type your discount code, on the “Custom Data” page of the purchase process. Any products for which you may not use discount codes will be duly reported on the Site. In case of cancellation for any cause of an order for which you have used a discount code, the relative amount will be credited to the personal account of the customer viewable through the page “My discount coupons”. No discount coupons can be converted into cash.

Art.11 - User responsibility

1 January The customer is required to ensure that his/her data entered at the time of registration of the Site is true, complete, up-to-date and to communicate promptly in writing to EVINO any modification of the same.

1 In the event that the customer has communicated to EVINO false data and, at the invitation of EVINO, has not provided for their correction, EVINO reserves the right to cancel the registration of the customer to the Site, save the right not to accept any further registrations to the Site by the customer and any purchase orders.

Art.12 – Applicable Law and Competent Forum

1/2.1 The purchase contract concluded on the Website is governed by Italian law.

12.2 It is subject to the application to users who do not have their habitual residence in Italy of the provisions which may be more favourable and inderogable provided for by the law of the country in which they have their habitual residence, in particular in relation to the period for the exercise of the right of withdrawal, at the end for the return of the Products, in case of exercise of that right, to the modalities and formalities of the communication of the same and the legal guarantee of conformity.

12.3 For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the forum of the place where the customer resides or has elected domicile, if consumer.

12.4 The customer who resides in a Member State of the European Union other than Italy, may also, for any dispute concerning the application, execution and interpretation of these General Conditions of Sale, access to the European proceedings established for disputes of modest entities, by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interests, rights and expenses, Euro 2.000,00. The text of the Regulation is available on the website www.eur-lex.europa.eu.