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TERMS & CONDITIONS

All the Users who use the services offered by LUXURY WINE COLLECTION declare to know and accept the present general conditions of contract:

Owner of LUXURY WINE COLLECTION and related Services:

Company LUXURY WINE COLLECTION S.r.l.
Via Alessio Baldovinetti, 96 - 00142 Roma
Rome Chamber of Commerce - REA Number: RM - 1635580
Share Capital: € 10.000,00
VAT NUMBER: 16115111003
Owner's email address: info@LUXURYWINE.STORE


LUXURY WINE COLLECTION is an online selling service of wine, champagne and other spirits. LUXURY WINE COLLECTION will be able, according to the development and the trend of its products and services, to enlarge or modify its WEBSITE, through the insertion or the substitution of new products, services, activities and contents.


Content provided by the User


Users are responsible for their own and third party content that they share with LUXURY WINE COLLECTION, through their uploading, content insertion or by any other means. Users indemnify the Owner from any liability in relation to the unlawful dissemination of third party content or use of LUXURY WINE COLLECTION, in ways contrary to the law. The Owner does not carry out any kind of moderation of the contents published by the User or by third parties, but undertakes to intervene in case of reports of the Users or orders given by public authorities in relation to contents considered offensive or illegal.


Acceptance of the Contract LUXURY WINE COLLECTION


In order to use the services of LUXURY WINE COLLECTION is mandatory to read carefully and accept the Terms and Conditions of Contract, by clicking on the specific button for acceptance. If the Users do not accept the Terms and Conditions, they will not be able to use the Services of LUXURY WINE COLLECTION. The User is required to carefully read the General Terms and Conditions of the Contract in question every time he/she accesses the WEBSITE, since they may be subject to changes.


The User declares:


- That he/she has read and understood the contents;
- That he/she is of legal age and is of sufficient legal age to purchase alcoholic beverages in accordance with the laws of his/her country of residence, and has sufficient capacity to enter into contracts;
- To assume all obligations outlined therein;
- To be aware of the fact that the WEBSITE is a technological platform owned by LUXURY WINE COLLECTION where you can purchase products from suppliers who advertise and sell through this platform.


The Owner of LUXURY WINE COLLECTION reserves the right, at any time and without prior notice, to modify and update the contents and services, as well as the General Terms and Conditions of Contract in question and, in general, all the elements constituting the graphics and configuration of the WEBSITE.


Rights to content provided by Users


The only rights granted to the Owner in relation to the contents provided by the Users, are those necessary to the functioning and maintenance of LUXURY WINE COLLECTION


Contents provided by third parties


The Owner does not perform any preventive moderation on the contents or links provided by third parties shown on LUXURY WINE COLLECTION.

The Owner is not responsible for such content and its accessibility.


Registration


In order to be able to use the Service LUXURY WINE COLLECTION, or part of it, all Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the General Terms and Conditions of Contract. The User is responsible for safeguarding his access credentials.


E-Commerce Purchase Procedure


Each order submitted by the User constitutes an offer to purchase products. Orders are subject to availability and discretionary acceptance by the Owner. The User must select the products and check out, after carefully checking and possibly changing the information contained in the order summary. The order is carried out through the confirmation of the same and is subject to payment of the price, taxes, shipping and payment, as well as import costs where required, indicated in the order summary form. The Order Processing Receipt, does not constitute acceptance of the order. The conclusion of the contract occurs at the time of sending the Order Confirmation by the Owner to the email address provided by the User. The owner reserves the right not to confirm an order by notifying the user within a maximum of 30 days after purchase, to the email address associated with his purchase, the possible unavailability of one or more of the products purchased. In this case the Holder shall refund the price and shipping costs incurred by the User.

Shipping and Delivery

Worldwide shipping costs vary depending on the size, weight and destination of the items chosen. All delivery information, tax and duty details, and shipping destination will be displayed in the shopping cart. Bottles will be shipped in certified packaging to ensure safety. All packages will be delivered in Europe and in the world with variable times depending on the destinations as per the World Shipping Table. The owner can not be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the user, for any damage to the products after delivery to the carrier or delays in delivery attributable to the latter.

Mandatory Insurance: although breakages are rare thanks to our secure packaging, your purchases are insured during tran sport.

Insurance covers damage or loss of goods by the carrier in charge of your delivery on the strict condition that you report the incident on the delivery note presented to you by the delivery person; Insurance covers theft, too.

Any order request can be made directly through the e-commerce portal, or by e-mail by writing to: info@LUXURYWINE.STORE

The sale of alcoholic beverages is prohibited to persons under 18 years of age.

By purchasing wine and champagne, the customer declares to have reached the age required by law for the purchase of alcoholic products at the date of the order. All wines and champagnes offered on this site are stored in our temperature controlled warehouses. All products are offered subject to sale and their availability will be confirmed at the time of the order request. Prices are expressed in euro, per bottle.

The bottles of Wine and Champagne sold by LUXURY WINE COLLECTION come from private collections, from restaurants, wine shops or rare wine merchants. Before being put on sale, they have been checked by the LUXURY WINE COLLECTION Team. However LUXURY WINE COLLECTION cannot guarantee that after many years the wine is still perfectly kept. The sale of these bottles are therefore subject to the clause "as seen and liked".  


Payments


LUXURY WINE COLLECTION uses third party instruments for the processing of payments and does not come into contact in any way with the payment data, such as those related to credit cards provided. The payment can be made through PayPal, MasterCard, VISA, American Express, bank transfer and BitPay.


LUXURY WINE COLLECTION accepts payment in Bitcoin and major cryptocurrencies.


Orders not paid within the required period may be canceled at our discretion with immediate notice to the customer.


Acceptance of Delivered Products


The purchaser has the obligation to check the products as soon as they are received and to immediately notify the courier who made the delivery, any damage or shortage. In absence of notification to the courier upon receipt of the goods, LUXURY WINE COLLECTION will be relieved from any obligation of damages for defects or non correspondence of the products to what ordered. The Order will be processed in the terms specified in the summary page and in the email of Order Confirmation, subject to the availability of the ordered product. The Holder shall not be liable for damages suffered by the User due to delays in delivery which are not due to circumstances foreseeable by the parties at the time of sending the Order Confirmation. In any case, LUXURY WINE COLLECTION is not responsible for problems arising from force majeure, not dependent on its own will.


Quality of products


All bottles of wine and champagne that we offer for sale are absolutely selected with great care by our specialized staff, which verifies the state of preservation with particular attention:


- To the level
- Capsule
- Wine color
- Label


We do not assume, therefore, any responsibility for the organoleptic conditions of the wines and champagnes offered and especially in case of particularly aged wines. Possible substitutions of products or money refunds will be strictly dependent only on our discretion.


Property Reserve


Until the complete payment of the price of the ordered products, the products remain property of the owner.


Services provided by third parties

Users may use services or content included in LUXURY WINE COLLECTION provided by third parties, but must first have read and accepted the terms and conditions of such third parties. Under no circumstances can the Owner be held responsible in relation to the proper functioning or availability, or both, of services provided by third parties.


Availability of Products


Prices, descriptions or availability of products displayed are subject to change without notice. The photos included are indicative and may not be an exact representation of the products. The owner will do its best to present the characteristics of the products with the greatest possible detail on LUXURY WINE COLLECTION within each tab corresponding to the product viewed by the user, but the images and colors of the products offered for sale on LUXURY WINE COLLECTION may differ from the real ones due to many factors, including, by way of example and not limited to, the user's terminal monitor, photographic filters etc.. The user acknowledges and accepts that such minor differences do not constitute a lack of conformity of the products.


Right of Withdrawal and Return policy

 

You can cancel orders without extra charge until they are processed and shipped to you. If the request for cancellation of the User should be received after the order has been processed, this request will be interpreted as a return by the User.


The customer who buys from the online store of LUXURY WINE COLLECTION can make use of the right of withdrawal valid by law 14 days from the moment of the receipt of the goods and disciplined by the D.Lgs. 206/05, that guarantees the right to withdraw, for any reason, from the purchase contract.

 

The Buyer must inspect the goods delivered immediately during delivery for any deviations with what has been agreed. Any complaints relating to the Products delivered have to be filed directly to carrier; the buyer has tomake a reservation in writing in this regard against the carrier by means of a note o the proof of delivery. Without notes in writing, the goods delivered shall be considered as having been irrevocably and unconditionally accepted by the Buyer. The submission of a complaint shall not suspend the Buyer´s payment obligation in respect of the Products in question.

 

The Consumer can call on the right of withdrawal by informing LUXURY WINE COLLECTION of his/her intention within a period of 14 days following delivery. The written statement should be sent by email to info@LUXURYWINE.STORE.

 

The Consumer may only make use of their right of withdrawal if the Product in question is returned complete, undamaged, unused and in the original packaging. The Consumer may take the Product out of the packaging if this is necessary to ascertain whether the Product meets the Buyer’s expectations, provided the original packaging remains intact and the Product can be returned unopened and undamaged. Once the Consumer has opened the Product for consumption, the Consumer can no longer make use of his/her right of withdrawal.

 

After calling on the right of withdrawal, the Consumer must return the delivered goods to LUXURY WINE COLLECTION  within 14 days from the date of withdrawal. The return costs shall be borne by the Consumer.

 

Alcoholic drinks for which the price was agreed by contract, but for which delivery can only take place after 30 days, and for which the actual value depends on market fluctuations on which LUXURY WINE COLLECTION has no influence, are excluded from the right of withdrawal.

 

In order to be entitled to this, the product (or products) must not show any sign of tampering, must have only been viewed and not used, packaging and packages must be intact and in the same condition as they were at the time of delivery. We will not accept returns for used products or open bottles and / or damaged packaging and packaging. The cost of transport must be borne by the customer and the refund (only the amount equal to the cost of the products, then without shipping costs) will take place within 60 days of receipt of the returned products. In the event that they were returned products that do not meet the conditions listed above, the value to be refunded, if any, will be calculated by our staff at our sole discretion.

 

The right of withdrawal is excluded in all cases relating to:

  • Goods made to specifications or clearly personalized;
  • Goods which are liable to deteriorate or expire rapidly;
  • Sealed goods which are not suitable to be returned for reasons of hygiene or the protection of health, if such goods were unsealed after delivery.

If one of the above exceptions is applicable to the goods purchased, the User may not exercise the right of withdrawal.

 

In order to return the product, you must use the same original packaging and the product must be in perfect condition i.e. must not show signs of damage or dirt attributable to the user and must be sent to the address indicated by LUXURY WINE COLLECTION in the instructions sent to the user. Moreover, the packaging shall be regularly identified in order to identify the sender. If the shipment does not take place according to these conditions, the product will suffer a depreciation of which the User will be responsible.

Since great care is taken to ensure that the wines We offer are stored in ideal conditions (temperature, humidity, horizontal position, darkness), We regret that We are unable to offer a refund or replacement on the following grounds:

- Unsatisfactory taste: Bottles will not be replaced or refunded, even unopened, because You deem them corked, oxidised, past maturity, or similar.

- Damaged, torn or less than perfect label, neck label or cap: Wine bottles, and older vintages in particular, can be marked by the years they spent in the wine cellar. This damage is superficial and does not affect the quality of the contents.

The pictures displayed on website are not contractual.

Will not be replaced or refunded damaged or used products, even in part.

The User must insert inside the packaging box a copy of the delivery document received.

The right of withdrawal does not apply to goods made to measure or clearly personalized or which, by their nature, are liable to deteriorate rapidly, are sealed and not suitable to be returned for hygienic reasons or are related to the protection of health and have been opened after delivery.

 

Online dispute resolution for consumers

 

The consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool.

This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Therefore, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract entered into with the Owner.

The Owner is available to answer any questions sent by email to the email address published in this document.


Legislative references

D. Lgs. 21/2014 - implementing Directive 2011/83/EU on consumer rights.

All contracts are subject to Italian Law and Jurisdiction.

 

Warranties and liability

 

The Service is provided by the Owner on an "as is" basis, without any express or implied warranty for its accuracy or availability.

 

We shall not accept liability in the event that the article delivered does not comply with the laws of any country to which it is delivered, other than Italy.

 

We hereby undertake to act with the customary care exercised in the profession to ensure that the service proposed to the customer is implemented. However, We may not be held liable in the event that We are unable to fulfil our contractual obligations due to unforeseeable circumstances or force majeure. Moreover, the Owner cannot be held responsible for any loss, damage, wrong or non-delivery caused by events and/or causes of force majeure or fortuitous event, such as, but not limited to: natural disasters, adverse weather conditions, strikes, pandemics, accidents to means of transport, explosions or any other cause, wars, embargo, international sanctions, similar or different, occurring outside the control of the Company and not attributable to it, even pre-existing, which prevents or aggravates the total or partial execution of the contract.

 

We shall not be held liable in the event of a delay due to a possible shortage of stock.

We shall not be held liable in the event of differences between the photos, texts and illustrations on our Site and the articles ordered.

 

We shall use all means available to Us to ensure provision of the services referred to in these general terms and conditions of sale. In no event shall We be held liable for lost profit, business or data, loss of earnings or any other indirect damages unforeseen at the time of use of the Site or the time of signature of the sales agreement between Us and You.


You expressly release and hold harmless the Owner from any and all liability, to the extent permitted by applicable law, with respect to any damages or claims of any kind or nature whatsoever of your own and/or any third party including direct, indirect, punitive, incidental, special damages, damages resulting from lost profits, lost revenues, lost data or replacement costs arising out of or in any way connected with this agreement.


The Service is provided by the Owner on an "as is" basis, without any express or implied warranty for its accuracy or availability.


Discontinuation of the Service


The Owner reserves the right to add, remove functionality or features or suspend or discontinue altogether the provision of the Service, either temporarily or permanently.


Resale of the Service


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


Indemnity of LUXURY WINE COLLECTION


The User agrees to indemnify and hold harmless the Owner (as well as any subsidiary or affiliated companies, its representatives, directors, agents, licensors, partners and employees), from any obligation or liability, including any legal fees incurred to defend itself in court, which may arise against damage caused to other users or third parties, in relation to the content uploaded online, the violation of the terms of the law or the terms of these Terms and Conditions.


Unauthorized 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 LUXURY WINE COLLECTION or any portion thereof;
- circumvent the computer systems used by LUXURY WINE COLLECTION or its licensors to protect the content accessible through it;
- copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by LUXURY WINE COLLECTION;
- use any site search/retrieval application, or any other automated device, process or means to access, retrieve, scrap or index any portion of LUXURY WINE COLLECTION or its contents;
- lease, license or sublicense LUXURY WINE COLLECTION;
- defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
- disseminate or post content that is illegal, obscene, unlawful, defamatory or inappropriate;
- use LUXURY WINE COLLECTION in any other improper manner that violates these Terms.

Account Cancellation and Termination of User Accounts


Registered Users may deactivate their accounts, request their cancellation or stop using the Service at any time, through the interface of LUXURY WINE COLLECTION or by contacting the Owner directly. The Owner, in case of violation of these Terms, reserves the right to suspend or terminate the User's account at any time and without notice.


Copyright

All of the Application's trademarks, whether figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear concerning LUXURY WINE COLLECTION, are and remain the exclusive property of the Owner or its licensors and are protected by current trademark laws and relevant international treaties.


Changes to these Terms

The Owner reserves the right to make changes to these Terms at any time, giving notice to the User by posting it within LUXURY WINE COLLECTION. The User who continues to use LUXURY WINE COLLECTION after the publication of the changes, accepts without reservation the new Terms.


Transfer of the contract


The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations under these Terms, provided that the User's rights hereunder are not affected. The User shall not assign or transfer in any way its rights or obligations under these Terms without the written permission of the Owner.


Nullity


If any provision of these Terms is found to be invalid or ineffective, such provision shall be deleted and the remaining provisions shall not be affected thereby and shall remain effective.


Governing Law and Jurisdiction


These Terms and all disputes relating to the execution, interpretation and validity of this contract are subject to the law, to the jurisdiction of the State and to the exclusive competence of the court of the place where the LUXURY WINE COLLECTION is based (registered office).


General Management Rome