Terms and conditions of sale

Rolling Wine General Terms and Conditions of Sale.

These Terms and Conditions govern Rolling Wine SRL’s offering of products at www.rollingwine.com.

These Terms govern the use of Rolling Wine. Any other Agreement or legal relationship with the Owner in a binding manner.

The User is requested to read this document carefully.

 

About Rolling Wine

Rolling Wine is an online sales service for wine and other products.

The site is owned by Rolling Wine SRL with registered office in Agliana, Italy, 51031 Agliana (PT), CF and P.IVA 01972270472, Business Register Registration Number PT-195524. The name “Rollingwine.com” is a registered trademark of Rolling Wine SRL.

Acceptance of the Contract

In order to use Rolling Wine, you must carefully read and accept the Agreement by clicking on the specific acceptance button. If you do not accept the Agreement, you will not be able to use the Service.

Registration, Rolling Wine 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 guarding and keeping their access credentials confidential.

It is understood that in no case can the Owner be held liable in case of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of Users’ access credentials.

Account deletion and termination of User accounts

Registered Users may deactivate their accounts, request their deletion, or discontinue using the Service at any time through the Rolling Wine interface 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.

The Owner reserves the right to suspend or terminate User’s account at any time and without notice if it believes that:

User has breached the Agreement; and/or
access to or use of the Service could cause harm to the Owner, other Users or third parties; and/or
your use of Rolling Wine may result in a violation of applicable law or regulation; and/or
in the event of an investigation conducted as a result of legal action or public authority involvement; and/or
the account is deemed by the Owner, in its sole discretion and for any reason whatsoever, to be inappropriate or offensive or in violation of the Agreement or inconsistent with the Owner’s standards.

Content available on Rolling Wine

The content available on Rolling Wine is protected by copyright law and other laws and international treaties placed to protect intellectual property rights and, unless otherwise specified, their use is permitted to Users exclusively within the limits specified in this clause.
The Owner grants to the User, for the duration of the Agreement, a personal, non-transferable and non-exclusive license, exclusively for personal and never commercial purposes and limited to the device in use by the User to use such content.
Therefore, the User is expressly prohibited from copying and/or downloading and/or sharing (other than to the extent set forth below), modifying, publishing, transmitting, selling, sublicensing, processing, transferring/assigning to third parties or creating derivative works in any way from the content, including third party content, available on Rolling Wine, nor allowing third parties to do so through the User or his/her device, even without his/her knowledge.
Where expressly stated, the User, for mere personal use, may be permitted to download and/or copy and/or share certain content made available on the site, provided that he or she faithfully reproduces all copyright and other notices provided by the Owner.

 

Content provided by third parties

The Owner does not perform any prior moderation on content or links provided by third parties displayed on the site. The Owner is not responsible for such content or its accessibility.

User-provided content

Users are responsible for their own and third-party content they share on Rolling Wine, through their uploading, posting, or by any other means. Users hold the Owner harmless from any liability in connection with the unlawful dissemination of third-party content or the use of Rolling Wine, in a manner contrary to the law.

The Owner does not carry out any type of moderation of content posted by the User or third parties, but undertakes to intervene in the face of reports from Users or orders issued by public authorities in relation to content deemed offensive or illicit.
In particular, the Owner may suspend or discontinue the display of content in the event that:

  • complaints are received from other Users;
  • receives a report of infringement of intellectual property rights;
  • believes it must do so in anticipation of, or as a result of, legal action;
  • such action is required by public authority; or
  • believes that such content, by remaining accessible through Rolling Wine could endanger Users, third parties, the availability of the Service, and/or the Owner itself.

 

Rights to content provided by Users

The only rights granted to the Owner with respect to content provided by Users are those necessary for the operation and maintenance of Rolling Wine.

Except as otherwise provided, by submitting, posting or displaying content on or through Rolling Wine, the User grants to the Owner and other Users an unrestricted, non-exclusive, royalty-free, sublicenseable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any media or distribution method now available or hereafter developed.

Services provided by third parties

Users may use services or content included on the Site provided by third parties, but must first have read and accepted the terms and conditions of such third parties. Under no circumstances shall the Owner be held liable in connection with the proper functioning or availability, or both, of services provided by third parties.

Impermissible Use

The Service shall be used in accordance with the Terms.

Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on Rolling Wine or any portion thereof;
    circumvent the computer systems used by Rolling Wine 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 Rolling Wine;
  • use any robot, spider, search and/or site-finding application, or any other automated device, process or means to access, retrieve, scrape or index any portion of Rolling Wine or its content;
  • lease, license or sublicense Rolling Wine;
  • defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights of others;
  • disseminate or post content that is illegal, obscene, illegitimate, defamatory or inappropriate;
  • unlawfully misappropriate the account in use by another User;
  • register or use the Service for the purpose of approaching Users to promote, sell or advertise in any way products or services of any kind through Rolling Wine;
  • use Rolling Wine in any other improper manner such as to violate the Terms.

Terms and conditions of sale

Purchase procedure

With respect to Italian citizens, sales on Site or app are only for those who are 18 years of age or older. A buyer who is not an Italian citizen may purchase Products on Site or app only if he or she is of age with respect to his or her national law. If there is no legislation in this regard, you must be at least 21 years old.

In any case, the user who makes purchases on the Site agrees to hold Rolling Wine harmless from any liability in the event that he or she has made purchases on the Site or app without complying with his or her national law regarding age limits on purchases

Rolling Wine reserves the right to refuse or cancel orders that come (i) from a user with whom it has a pending legal dispute; (ii) from a user who has previously violated these Terms and Conditions and/or the terms and/or conditions of a purchase agreement with Rolling Wine; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit or debit card payments; (iv) by users who have provided false, incomplete or otherwise inaccurate identification data or who have failed to send Rolling Wine in a timely manner the documents requested by it according to these General Terms and Conditions of Sale or who have sent it invalid documents; (v) by users who do not give sufficient guarantees of solvency; (vi) by users who have provided false telephone numbers or e-mail addresses or who cannot be traced back to their person. In any case, Rolling Wine reserves the right to cancel orders referring to transactions that do not show an absolute degree of genuineness.

Each order submitted constitutes an offer to purchase products. Orders are subject to availability and discretionary acceptance by the Holder.
The User must select the products and complete the check-out, after carefully verifying the information contained in the order summary. The order is placed by confirmation of the order and is subject to payment of the price, taxes, and shipping and handling charges indicated on the Order Summary form.

The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract occurs when the Holder sends the Order Confirmation to the email address provided by the User. The Holder reserves the right not to confirm an order, by notifying the User within 5 working days of placing the order, to the email address associated with his purchase, of the possible unavailability of one or more of the products purchased. In this case, the Holder will refund the price and shipping costs incurred by the User.

Payment Methods

Rolling Wine uses third-party tools for payment processing and does not in any way come into contact with payment details – such as credit card details – provided.

Any fees for processing User payments that are not accepted will be charged to the User.

Delivery

Deliveries are made during normal business hours to the address provided by the User and in the manner specified in the order summary.
Upon delivery, the User must check the contents by specifying in the delivery form any anomalies.
In case of failure to collect within the time limit set by the carrier, the products will be returned to the Holder, who will refund the price of the products, but not the shipping cost. The Holder cannot 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 that may occur to the Products after delivery to the carrier, where the latter has been chosen and appointed by the User or for delays in delivery attributable to the latter.

Reservation of Title

Until the price of the products ordered is paid in full, the products remain the property of the Owner.

Availability of Products.

Prices, descriptions or availability of products displayed are subject to change without notice. Photos included are approximate and may not be an accurate representation of the products. The Owner will do its best to present the characteristics of the products with as much detail as possible on Rolling Wine within each tab corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on the site may differ from the real ones due to multiple factors including but not limited to the User’s terminal monitor, photographic filters etc. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.

Order Execution.

The Order is executed under the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product.
 The Owner shall not be 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 the Order Confirmation was sent.

Right of withdrawal and warranty

Right of withdrawal

In case of purchase of products on Rolling Wine the User has the right to withdraw from the contract without stating reasons, within 14 days. The withdrawal period expires after 14 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. To exercise the right of withdrawal, the User is required to inform the Holder of the decision to withdraw by means of an explicit statement sent to the indicated contacts.

 

Effects of withdrawal

If the User withdraws from this contract, the User will be refunded all payments he/she has made to the Holder, including delivery costs without undue delay and in any case no later than 14 days from the day the Holder is informed of the User’s decision to withdraw from this contract. Said refunds shall 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 event, the User shall not incur any costs as a result of such refund. Refunds may be suspended until receipt of the goods or until User demonstrates that he or she has returned the goods, whichever is earlier.

The User is requested to return the goods and deliver them to the Holder without undue delay and in any event within 14 days from the day on which the User communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the expiration of the 14-day period. The User is only responsible for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

The cost of returning the goods will be borne by the User.

Limitations to the right of withdrawal

Returned products found to be damaged or used other than strictly necessary will be refunded after deduction of the decrease in value resulting from the damage or use. The refund 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.

The right of withdrawal is in any case excluded in relation to:

  • goods made to measure or clearly customized;
  • the supply of goods that are likely to deteriorate or expire rapidly;
  • the supply of sealed goods that are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery.
  • Should any of the above exceptions apply to goods purchased by the User, the User shall not be able to exercise the right of withdrawal.

 

Applicability of the clauses on withdrawal

The clauses concerning the exercise of the right of withdrawal, as well as their consequences and exceptions, apply exclusively to the User who qualifies as a consumer, i.e., the User acting for purposes unrelated to his or her business or professional activity.

 

Legislative references

Legislative Decree 21/2014 – implementing Directive 2011/83/EU on consumer rights.

 

Warranty

The User who purchases as a consumer has the right to warranty on the conformity of the purchased products and services within the limits of 24 months from the purchase provided that notice is given within 2 months of their discovery.

To exercise the right of warranty, the User must contact the Owner at the contact information contained herein, giving an accurate description of the defect found.
If it is established that the product is defective, the User has the right to have the product repaired or replaced, at his/her option.

 

Indemnification and limitation of liability

 

Indemnification

The User agrees to indemnify and hold harmless 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 fees incurred in defending itself in court, arising out of damages 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

Rolling Wine and all features accessible through the site are made available to Users, on the terms and conditions set forth in the Agreement, without any warranty, express or implied, that is not required by law. In particular, no warranty is made as to the suitability of the services offered for the particular purposes intended by the User.
The use of Rolling Wine and the features accessible through the site is carried out by Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, shall be liable for damages of a contractual and extra-contractual nature towards Users and third parties exclusively by way of intent or gross negligence when these constitute an immediate and direct consequence of Rolling Wine’s activity. Therefore, the Owner will not be liable for:

  • any losses that are not a direct consequence of the Holder’s breach of Contract;
  • any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User (such as, but not limited to, business losses, loss of revenue, income, profit or deemed savings, loss of contracts or business relationships, loss of reputation or goodwill value etc.);
  • damages or losses resulting from interruptions or malfunctions of Rolling Wine due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the sphere of control of the Owner such as, but not limited to, failures or interruptions to telephone or power lines, the Internet network and/or otherwise other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the delivery of products, services or applications of third parties; and incorrect or unsuitable use of Rolling Wine by Users or third parties.

 

Common Provisions

Interruption of the Service

In order to ensure Users the best possible enjoyment of the Service, the Owner reserves the right to discontinue the Service for system maintenance or upgrade needs, informing Users through constant updates on this matter on Rolling Wine

 

Resale of the Service

Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit any portion of Rolling Wine and its Services without prior written permission from the Owner, granted directly or through a specific resale program.

The Owner may tolerate forms of resale made on a personal (one-to-one) and limited basis; any form of mass resale is expressly excluded.

 

Privacy policy

For information on the use of personal data, Users should refer to Rolling Wine’s privacy policy, which is considered part of these Terms.

 

Intellectual Property Rights

All trademarks of the Application, whether figurative or named, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing concerning Rolling Wine are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties.

All trademarks and all other marks, trade names, service marks, word marks, trade names, illustrations, images, logos pertaining to third parties and the content published by such third parties on Rolling Wine are and shall remain the exclusive property or availability of such third parties and their licensors and are protected by applicable trademark laws and related international treaties. The Owner does not own ownership of such intellectual property and may use it only within the limits of and in accordance with the agreements entered into with such third parties and for the purposes outlined therein.

 

Age Requirements.

Users declare that they are of legal age according to the legislation applicable to them. Under no circumstances may minors under the age of 13 use Rolling Wine

 

Conditions for receiving deliveries

The User who makes a purchase through Rolling Wine further represents and warrants that the person who will receive the shipment of the purchased products is of legal age according to the legislation applicable to the latter.

 

Changes to these Terms

The Owner reserves the right to make changes to the Terms at any time by giving notice to the User by posting it within Rolling Wine.
Any User who continues to use Rolling Wine after the publication of the changes accepts the new Terms without reservation.

Assignment of Contract.

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract all or any of its rights or obligations under the Terms, provided that User’s rights hereunder are not affected.

The User shall not assign or transfer in any way its rights or obligations under the Terms without the written permission of the Owner.

Communications

All communications regarding Rolling Wine must be sent using the contact information set forth in the Agreement.

Ineffectiveness and Partial Nullity

Should any provision of the Terms be found to be void, invalid or ineffective, the said provision shall be deleted while the remaining provisions shall not be affected thereby and shall remain in full force and effect.

 

Applicable Law and Jurisdiction

These Terms and all disputes concerning the performance, interpretation and validity of this agreement are subject to the law, state jurisdiction and exclusive jurisdiction of the court of the place where the Owner has its registered office.
An exception is the exclusive jurisdiction of the consumer where the law so provides.

 

 

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