Terms and Conditions

Last Update: 28 December 2019

Please read these Terms of Service carefully before using the Service offered by Centro Vini Arcioni (CVA). BY USING THE SERVICE IN ANY WAY, BY AUTHORIZING OR PERMITTING ANY AGENT TO ACCESS OR USE THE SERVICE OR BY SUBSCRIBING TO ANY SERVICE PLAN, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, which also incorporate by CVA PRIVACY POLICY reference.

CVA reserves the right, at any time, without notice to You: (1) to modify or update any of the Terms of Service, said modification or update being effective upon its posting on the Site; (2) to suspend or terminate operation of or access to the Service, or any portion of it, for any reason; (3) to modify or change the Service, or any portion of it; and/or (4) to interrupt the operation of the Service, or any portion of it, as necessary to perform maintenance or for any other purpose.

Your continued use of the Service shall be considered your acceptance to the revised Terms of Service. SHOULD YOU OBJECT TO ANY OF THE TERMS OF SERVICE OR ANY SUBSEQUENT MODIFICATIONS, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE THE USE OF THE SERVICE.

If any individual enters into these Terms on behalf of a company, organization or another legal entity (“Entity”), said individual agrees to these Terms of Service for that Entity and represents to CVA that he/she has the authority to legally bind such Entity and its Affiliates.

DEFINITIONS

1. By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general conditions and payment transcribed below. The CVA srl reserves the right to update or modify these conditions of sale at any time, in consideration of any regulatory changes and / or company strategies. Any changes and / or new conditions will be effective from the moment of their publication on the Site. For this reason, the Customer is invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force at the date of sending the purchase order.

2. If the Customer is a final consumer (ie a physical person who purchases the goods for purposes not related to his professional activity), once the online purchase procedure is completed, he will save and keep an electronic copy of these terms and conditions of sale.

Conclusion of the contract

3. Customer places in the cart the products to be purchased according to the available quantities, fill in all the fields necessary to execute the order as name and surname, email address, shipping address and finally if he wants to create a personal account. The correct execution of the order is confirmed by www.arcioni.eu by an e-mail sent to the e-mail address communicated by the customer, containing the details of the customer and order, the price of the goods purchased, the transport costs, the shipping address to which the goods will be sent. The customer undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections.

3a. Together with the delivery of the Products, CVA offers the possibility to include a greeting card, with a text chosen by the Customer. The text must comply with all applicable laws and must not: (i) infringe the rights of third parties (including any copyrights, rights in databases or relating to third party trademarks); (ii) contain defamatory material against third parties; (iii) contain material that is abusive, offensive, obscene, intimidating, violent, harassing, inciting to hatred, instigatory; and (iv) to harm the privacy of others, or to cause annoyance, embarrassment or alarm. CVA has the right, but not the obligation to examine the text, at its sole discretion to determine whether there has been a violation of this article. CVA will exercise this right if it deems it appropriate and reserves the right, at its discretion, not to include the greeting card in the package containing the Product. The design and graphics of the greeting card will be determined at the discretion of CVA.

4. All orders are subject to acceptance by CVA srl which reserves the right to cancel any order at its sole discretion:
a) in case of material errors related to the customer’s order or with the information sent by the customer through the website www.arcioni.eu.
b) in cases where the customer does not meet the general conditions of sale listed in this document.

5. For each order placed on www.arcioni.eu, a tax document will be issued and sent by e-mail to the order. For the issuance of the invoice, the information provided by the Customer at the time of the order shall prevail. No change in the invoice will be possible after the issuance of the same.

6. The CVA srl undertakes to fulfill the order within one month from the working day in which the amount is credited. Saturdays and public holidays shipments are not sent.

7. The transfer of ownership of the products takes place only after payment of the entire amount. Until that moment, the CLIENT will not be able to modify the PRODUCTS or to pledge or resell them. The SELLER INSTITUTION may be in possession of the PRODUCTS, also by going to the place of deposit. The SELLER INSTITUTION can take legal action to obtain the price before the transfer of the property. The risk for the loss of the PRODUCTS is transferred to the CUSTOMER with the delivery of the PRODUCTS.

8. Unless otherwise indicated, product prices must be inclusive of VAT. The prices of products published from time to time on the site cancel and replace the previous ones and are subject to the actual availability of the products.

9. All images are inserted for illustrative purposes and do not constitute a contractual element.

10. Prices do not include transportation except in cases where it is expressly indicated. The cost of transport will be calculated in the shopping cart or checkout page based on the place of delivery and the quantity of product ordered.

Availability of products

11. The availability of the products refers to the one present when the customer consults the product sheets; however, this must be considered purely indicative because, due to the simultaneous presence on the site of several users, the products could be sold to others before confirming the order.

12. Even after sending the e-mail confirming the order by CVA srl, there may be cases of partial or total unavailability of the goods. In this case the customer will be promptly informed and can decide whether to accept the delivery of the only products available or request cancellation of the order by communicating via e-mail.

Payment method

13. At the time of order conclusion customer chooses the payment method. Under no circumstances CVA srl can be held accountable for any fraudulent and undue use of credit cards by third parties upon payment of purchased products.

The payment of the Products can be made with:

– Credit Card
– Bank transfer
– Paypal

If you choose Credit Card or PayPal for payment, customer will be redirected to NEXI/PayPal website where he will pay for the Products according to the procedure provided and regulated by NEXI/PayPal and the terms and conditions agreed between Customer and NEXI/PayPal. The data entered on the their site will be processed directly by NEXI/PayPal and will not be transmitted or shared with CVA. The latter is therefore not in a position to know and does not store in any way the data of the credit card connected to the Customer’s account or the data of any other payment instrument connected with that account. The total will be charged by NEXI/PayPal at the same time the conclusion of the contract through the Site. In case of termination of the purchase contract and in any other case of reimbursement, for whatever reason, the amount of reimbursement due to the Customer will be credited to the relevant NEXI/PayPal account. The credit times on this payment gateway linked to customer’s account depend exclusively on NEXI/PayPal and the banking system. Once the credit order has been placed in favor of such account, CVA can not be held responsible for any delays or omissions in the crediting of the reimbursement amount, customer must directly contact NEXI or PayPal to contest it.
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14. All amounts displayed on www.arcioni.eu are expressed in Euro and include the sum of gross amount of the products and any ancillary costs; exceptions are the price of products and ancillary costs once they have been entered in the shopping cart and checkout page which will have VAT excluded.
The payment must in any case take place before the delivery of the products. The payment term must be considered essential.

Delivery methods

15. The Customer is required to provide the shipping address correctly and completely.

16. CVA srl is not accountable for any delays in delivery due to incorrect or incomplete communication by Customer of the shipping address; they also act as supporting events for possible delays in fulfilling the agreed obligations, suspension of transport or energy supply, measures of the Public Administration, natural disasters or other causes depending on force majeure or accidents occurring at the supplier.

17. At the time of delivery of the goods by the courier, customer is required to check that the packaging is intact and not tampered with. Any damage to packaging and/or to product must be immediately notified to the courier, affixing the word RESERVE OF CONTROL written on the “proof of delivery” of the courier. Once the courier’s document has been signed, Customer can not make any objection regarding the external characteristics of the goods delivered. Any defects of non-compliance must be communicated to the seller within eight days of delivery. At the end of this term the products will be considered accepted by the customer. If the SELLER agrees, at its own discretion and without any obligation, to return the PRODUCTS, these must be returned in the original conditions, with its packaging, proof of purchase and with a return note. Return costs are charged to the CUSTOMER.

Responsibilities

18. The CUSTOMER undertakes to indemnify and hold harmless the SELLER against any damage caused by improper use of the PRODUCTS sold by the SELLER and purchased by the CUSTOMER.

Right of withdrawal

19. Pursuant to Article 64 of Legislative Decree 206/2005, if the customer is a final consumer, he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as indicated in the following points 19 and 20.

20. To exercise this right, Customer must send to CVA srl a message within 10 working days from the date of receipt of the goods. This communication must be sent by registered letter with acknowledgment of receipt, addressed to:
CVA Centro Vini Arcioni srl Via Nemorense 57 00199 Rome

or by FAX to 0686206663 or by PEC (Certified Electronic Mail) always sent within the aforementioned term of 10 days and followed by a confirmation by registered letter with acknowledgment of receipt, sent TASSATIVELY within the following 48 hours; the registered letter is considered sent in good time if it is delivered to the accepting Post Office by the deadline. This communication must contain Customer Order Number communicated by www.arcioni.eu upon acceptance of the order. Customer, at his expense, must re-send the goods to CVA srl within 10 days from the authorization. The goods must be returned intact, complete with all its parts and in original packaging (envelopes and packaging), kept according to normal care, without any signs of wear. Please note that cash on delivery or freight forwarding will not be collected.

21. The right of withdrawal is however subject to the following conditions: the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased. The purchased good must be intact and returned in its original packaging, complete in all its parts; to limit damage to the original packaging, we recommend, when possible, to put it in a second box; in all cases, the affixing of labels or adhesive tapes directly onto the original product packaging should be avoided. By law, the shipping costs related to the return of the asset are charged to the customer. The shipment, until the certificate of receipt in our storehouse, is under the full responsibility of the customer. The CVA srl is not accountable in any way for damage or theft / loss of goods returned by uninsured shipments.

22.The right of withdrawal can only be exercised by private consumers as the law only applies to non-professional users.
All the Products sold on the Website are covered by the Legal Guarantee of Conformity provided by the articles. 128-135 of the Consumer Code (Legal Guarantee).

23. The CVA srl will reimburse the customer the full amount already paid, shipping costs excluded. The refund will take place as soon as possible and in any case within thirty days from the date on which the CVA srl became aware of the consumer’s right of withdrawal. Reimbursement will be made by transfer of the amount charged to the credit card or by bank transfer. In the latter case, it will be the Customer’s responsibility to promptly provide the complete and correct bank details through which to obtain the reimbursement (IBAN code).

24. The right of withdrawal is lost due to lack of the essential condition of integrity of goods (packaging and / or its content), in cases in which CVA srl ascertains: the lack of the outer packaging and / or the original internal packaging, absence of integral elements of the product, damage to the product for reasons other than transport. In case of forfeiture of the right of withdrawal, CVA srl will return the purchased good to the sender, charging the shipping costs to the same.

Contract

25. This Contract will be governed by Italian law and the only competent court will be the one of Rome.

26. In the event that customer is a final consumer, any dispute that may arise in relation to contracts governed by these general conditions or in any case connected to them, shall be devolved to the mandatory territorial jurisdiction of the Judge of the place of residence or domicile of the customer, if located in the territory of the Italian state.

27. Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the CVA informs the user who holds the status of consumer as per art. 3, paragraph 1, lett. a) of the Consumer Code, which, if he has filed a claim directly to CVA, after which it has not been possible to resolve the dispute arising in this way, CVA will provide information on the organization or bodies Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded in accordance with these General Conditions of Sale (cc.dd. ADR entities, as indicated in articles 141-bis and subsequent of the Consumer Code), specifying whether it intends to use these bodies or not to resolve the dispute.

CVA also informs the user who is the consumer qualification referred to in art. 3, paragraph 1, lett. a) of the Consumer Code, which established a European platform for online resolution of consumer disputes (eg ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure of the dispute in which it is involved.

In any case, the consumer user’s right to refer to the ordinary court in charge of the dispute deriving from these General Conditions of Sale, regardless of the outcome of the out-of-court settlement procedure, and the possibility, if the conditions are met, are reserved to promote an out-of-court resolution of disputes relating to consumption relationships through the use of the procedures set out in Part V, Title II-bis of the Consumer Code.

28. If you reside in a member state of the European Union other than Italy, you can also access, for any dispute concerning the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes modest entity, by Regulation (EC) n. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.