Terms and Conditions - Enoteca Gambi

Terms and conditions for the website www.enotecagambi.com

Informations about GAMBI ROMANO DI GAMBI MARCO SAS

GAMBI ROMANO DI GAMBI MARCO SAS is a business specialized in the sale of wines, spirits and/or other products for which there is authorization to sell online.

Introduction

This document sets out the terms and conditions and creates a legal agreement (Contract) between the User and the Owner, which becomes binding upon acceptance by the User; such acceptance occurs upon confirmation of the Order. If these conditions are not accepted, it will not be possible to use the Services of the Site.

Account creation/registration, terms on content and prohibited use

Registration

In order to proceed with the purchase of the Products and therefore use the Service, Users have two options:
– register as a User
– use the Service as a guest.
In both cases, Users must still provide truthful and complete data in the specific form and fully accept the privacy policy and these terms and conditions provided in the Contract. In case of registration as a User, the latter has the obligation and responsibility to keep and maintain his access credentials confidential. In no case the Owner will be held responsible for any loss, dissemination, theft or improper or unauthorized use by third parties, in any way, of the User’s access credentials.

If the User uses the Service as a guest, the Owner will still reserve the right to create a User account and generate credentials that will be sent via email to the User without any obligation of notice from the Owner to the User.

Age requirements

Users declare that they are of legal age according to the applicable legislation. No one under the age of 14 can register on the platform. The User who makes the purchase of products or services through the platform declares and guarantees that the person who physically receives the shipment is of legal age according to the legislation applicable to him.

Account cancellation and closing of User accounts

The registered User can deactivate the account at any time or request deletion through an express request to the Owner by email. The Owner, in case of violation of these Terms, reserves the right to suspend or close the User’s account at any time and without notice; this may occur at the sole discretion of the Owner where it considers it improper and/or inappropriate and/or dangerous the use of the Site and/or Service by the User.

All the contents available on the Site are processed by the Owner’s staff who manage the site; therefore they are protected by copyright law and other laws in force to protect intellectual property rights; it is therefore not possible to dispose of them without authorization from the Owner.
The Owner grants the User, for the duration of the Contract, a personal, non-transferable, and non-exclusive license, solely valid for personal use and never for commercial use, to use the contents present on the Site limited to the device in use. It is therefore expressly prohibited for the User to download and/or copy and/or share and/or download, modify, publish, transmit, sell such content.

Contents provided by third parties, by Users and the Owner’s rights over them

If the possibility of creating content or publishing links by third parties and/or Users on the Site is provided, the Owner will not carry out any preventive moderation on them and will not be responsible in any way for such content, whether they are illegal and/or offend the sensitivity of other Users and/or visitors to the site. Users, on the other hand, are responsible for any type of content, their own or that of third parties, that they make visible on the Site, also responding legally. Users therefore release the Owner from any liability arising from the above behaviors. The Owner may therefore collaborate with judicial authorities or other competent authorities by providing this type of content if requested by the authorities themselves, in the event of investigations or legal proceedings. In any case, the Owner reserves the right to remove any type of content that is deemed offensive and/or inappropriate without any notice and/or justification.

Third party services

The Owner may use services from third parties for the provision of the Service to the User. The Owner cannot be held responsible in any way for the proper functioning of services provided by third parties.

Unauthorized use

It is not allowed to use and/or download and/or retain the contents on the site for personal purposes, reselling them to third parties or for any other reason without the express authorization of the Owner.

Sale terms and conditions

The Owner sells the Products that it markets through its own Site; the commodity categories dealt with are alcoholic beverages, spirits and sometimes food, and other non-food products but closely related to the field such as various tools, training courses, subscription services.

Each order sent and confirmed by the User constitutes an offer to purchase the Products. Each order is subject to availability and in any case to the discretionary acceptance of the latter by the Owner, who can cancel the order with a refund without the obligation of justification and without the obligation of written communication by the latter towards the User, but also only by sending a notification sent through the platform itself or via email.

The User expresses its intention to make the order by selecting the products and adding them to the virtual cart, completing the check-out operation by clicking on the appropriate button, after carefully viewing the summary information of the order, with particular attention to the total price of the latter. Subsequently, the User will receive a confirmation email of the receipt of the order which will not be confirmed in any case without prior receipt of payment thereof. The price of the order includes the price paid for the products, taxes and any shipping charges (or other accessory expenses if they should present themselves in a specific case) charged to the User himself, which will in any case be indicated in the summary of the order.

The receipt by the User of the summary email does not automatically represent an acceptance of the order, which must instead be subsequently confirmed by sending a notification from the Owner to the User. The Owner, as specified above, reserves the possibility to cancel or not confirm an order at its complete discretion, communicating the cancellation within 7 working days and proceeding with the refund of the price paid by the User.

Payment methods

The accepted payment methods, as also visible during check-out, are:

payment by credit card
payment through third-party tools for payment processing (such as PayPal or similar)
payment by bank transfer.

Payments by credit card are processed through the use of third-party tools for payment processing but the Owner does not come into contact with the card data and other data provided during payment in any way.

In case of payment by bank transfer, the User will receive at the time of sending the order a summary email containing also the bank details to which to make the transfer. The confirmation of the order and the subsequent delivery of the goods are subject to the receipt of the transfer by the Owner; in no case will it be possible to overcome this condition. Therefore, Users should consider that the delivery terms provided by the Contract run from the date of receipt of payment in the current account indicated at the time of sending the summary email.

Delivery

The goods are normally shipped within 1/2 working days from the sending of the confirmation notification of the order by the Owner; these terms are indicative and in no way binding on the Owner; they could therefore lengthen or change without obligations on the part of the Owner depending on the occurrence of some circumstances such as the workload related to the period and/or other various problems that can occur. The actual delivery times are normally estimated at 2/3 working days, but this is also only an indicative measure that can vary depending on the circumstances and/or cases related to the operation of the courier who physically makes the delivery; in no case the Owner is responsible for delays that can be generated for causes not attributable to him. The Owner will however try to speed up the order processing times as much as possible.

Upon receipt of the goods, the User is obliged to check the goods received carefully and to specify any anomalies to the courier immediately and not to accept delivery; if this is accepted and any discrepancies/problems are not promptly reported on the same day, the User releases the Owner and the courier from any liability for discrepancies/problems and/or damages.
If the Products are not delivered to the User by the courier in the following cases:
after the maximum number of attempts provided by the courier
For inaccuracy or partiality of information necessary for delivery
The products will be returned to the Owner who will proceed to refund the cost of the same net of any costs incurred.

Products

The Owner endeavors to describe the product as detailed and correctly as possible in the relevant product sheet, but if there are small inconsistencies in minor details compared to the actual Product, the User is considered aware that at the time of Order Confirmation these minor differences do not constitute a non-conformity of the products.

The essential elements for product conformity are:

the title of the Product
the vintage (for wines and spirits where this feature is essential to determine the type/value of the product itself).

The vintage cannot be considered an essential element for product conformity if it is not provided/indicated by the type of product itself (such as, to name a few, classic method sparkling wines or Champagnes without a specific vintage, or liqueurs in which it is not technically possible to specify the vintage).

The essential elements for conformity and other elements, such as availability, prices, descriptions, summarized information in tables and others are subject to change without any notice from the Owner. The photos inserted are indicative and not to be considered as an exact representation of the actual product; therefore, a difference of the actual product compared to the photograph does not constitute a non-conformity and the User acknowledges that it is necessary to refer exclusively to the essential elements of conformity (the vintage only in case it is provided by nature of the product, as previously specified).

Even the title and vintage may also be subject to change without notice; therefore, the information reported at the time of Order Confirmation by the Owner will constitute the essential elements for product conformity.

In case the Owner should find discrepancies in the title and vintage (for wines and spirits) in an Order already sent by the User, the order will not be immediately canceled, but it will be the Owner’s responsibility to contact the User in writing through the platform or email provided to communicate the discrepancies/changes and propose alternatives. The proposed alternative will be at the discretion of the professionalism of the operators who work for the Owner (such as the vintage of the following year to the ordered vintage). The User will have up to a maximum of 5 working days to respond in writing to the Owner and will have the possibility to choose whether to accept or not the proposal formulated by the Owner.

At that point, two scenarios can occur:

The user fully accepts the proposal made by the Owner as it is presented in written form by the Owner, and from that moment on, the user will no longer be able to claim defects of conformity of the product compared to the ordered one; the user therefore releases the Owner from the possibility of total or partial reimbursement of the order. For delivery methods and timings, the provisions outlined in the dedicated paragraph remain valid.
The user does not accept the proposal made by the Owner and therefore has the right to a full refund of the order, which will take place at most within 5 days of receipt of the written response.
If the user does not respond in writing within 5 days of notification by the Owner, the Owner will fully refund the amount paid by the user; the order will then be considered as canceled. The refund will be made within an additional 5 days from the end of the previous 5 days mentioned above.

The user acknowledges that all products displayed on the platform are products marketed by the Owner, which are not directly produced by the latter, with the unique exception of any creative and ingenious works (for example, any training courses, in-depth studies on specific themes).
The types of products marketed are varied and include alcoholic beverages such as wines, liqueurs and spirits and other food products of various types, mostly packaged and sealed directly at the origin. Therefore, it is understood and expressly stated that the Owner does not market products whose content is handled by the operators working for the Owner directly.

The Owner has suitable premises for the best and optimal conservation of the marketed products and will take all necessary precautions and behaviors to preserve the organoleptic and physical characteristics of all products as specified above in this paragraph, and also undertakes to describe on the platform these characteristics as faithfully as possible; in the specific case of food products, ingredients, allergens, usage conditions and nutritional values will be reported as faithfully as possible, as reported on product labels and/or official websites of the producing company. The user acknowledges that before consuming food products purchased through the platform, it is the user’s responsibility to check and verify the information reported on the label.

The user releases the Owner from any liability in case one of the following occurs: ingredients, allergens, usage conditions and nutritional values or other elements reported in the article card do not match those reported on the product labels and/or official websites of the producing company, or the user suffers from an allergic reaction or illness as a result of consuming the product.

Right of withdrawal and warranty

Right of withdrawal

In case of purchase of products on the platform of the Owner, the User has 14 days to exercise their right of withdrawal; this period starts from the moment the User (or a third party designated by the User) physically takes possession of the goods/services purchased. The intention to exercise the right of withdrawal must be explicitly stated through a written communication or explicit statement to the contacts indicated by the Owner.

If the User exercises the right of withdrawal, all payments made to the Owner, including ordinary delivery costs (excluding extraordinary or delivery-specific costs), will be refunded to the User within a maximum of 14 days from the day on which the Owner is informed of the decision to withdraw. The refund will be made through the same payment method used by the User for the original transaction unless the User requests otherwise. The refund is in any case suspended upon receipt of the goods that must be returned at the User’s expense to our shop at the address Via Senese 21/R Firenze 50124.
The User is in this case asked to return the goods to the Owner at the address indicated without undue delay and in any case within 14 days from the communication of the withdrawal. The goods travel at the risk and peril of the User, who is required to pack the goods carefully, taking all necessary precautions and sometimes insuring the value.

The costs of the return, including those related to transport for the return, are borne by the User.
Once received, the Owner will examine the returned products; if they are damaged or used in such a way as to reduce their usability and value, partially or completely, the Owner will deduct from the compensation the value of the extent of the damage/use of the products. It is understood that the refund is excluded altogether if the reduction in value is total, even if the damage was caused by third parties to whom the User had given the task of handling the products (e.g. couriers); we therefore recommend always insuring the goods; in that case, the Owner remains nonetheless excluded from the refund of the value of the goods and the User will claim directly on the insurance policy taken out.
The User is also asked to include a copy or delivery document received at the first delivery in the package.
The right of withdrawal is always excluded if it concerns products packaged to measure or clearly personalized (for example, baskets made to measure, the refund will be limited only to the value of the products net of any damages and not on the packaging), on the supply of sealed goods that are not suitable to be returned due to health or hygiene protection reasons, if they are unpacked after delivery.

All products sold on the platform of the Owner are covered by the legal warranty provided for by art. 129 and ss of the Consumer Code. The legal warranty provides for the conformity defect repair or replacement of the goods, without any additional cost to the consumer, if these defects occur within two years from the delivery of the goods. The consumer loses the right to the warranty if the defect is caused by the consumer or by external causes or force majeure.

Warranty

The User who purchases through our platform purchases products for which, as previously specified, the Owner commits to maintaining and preserving by adopting all technical precautions and common sense for optimal preservation of the product.

The User has the right as a consumer to the conformity guarantee of the products and services purchased; in the specific case of wine bottles, the guarantee covers the following defects:
the defect commonly called “cork” for which the Owner is not directly responsible as it is not the producer of the product but a trader of the same and this defect is not due to the preservation of the product but to a bacterium that settles in the cork and unfortunately compromises the content of the bottle.

In the event that this defect is found, the User is required to promptly send accurate documentation that actually shows the opening of the bottle and an accurate description of the defect; the Owner will promptly examine the documentation received and if the conformity defect of the product is confirmed, the User has the right to obtain replacement of the product; if replacement of the product is impossible due to depletion of the product itself or because it is too onerous, it will be evaluated whether to proceed with a full or partial refund of the order or to grant a discount on the next purchase, if the final User accepts this last option of resolution.

The User is still required to return the defective products at their own expense.

Limitations of liability

The User undertakes to release the Owner (as well as any companies controlled or affiliated with it, its representatives, administrators, and employees) from any obligation or liability, including any legal expenses for defending oneself in court, that may arise as a result of damage caused by other Users or third parties in relation to content uploaded online or in violation of the Terms of Service.
The content uploaded online and the features of this platform are made available to users but no implicit or explicit guarantee is made, except for those provided by law, and no guarantee is given that the content or services offered are suitable for the specific purposes that the User has in mind. The use of the platform is carried out by the User at his own risk and peril and under his own responsibility.
Gambi Romano shall not be held liable in any case for:

any damages or losses that are not a direct consequence of the violation of these terms
any commercial damages or losses suffered by the User, even indirectly
damages or losses suffered by the User due to malfunctions of the platform, even temporary, due to force majeure and/or normal maintenance
damages or losses due to incorrect use of the content or features of this platform.

The Owner reserves the right to interrupt the service of the platform or only certain sections at any time in order to carry out ordinary and extraordinary maintenance, as well as the right at any time to activate/deactivate, modify both the content of the general sections of the platform or of individual articles, which are understood to have only an indicative and descriptive purpose of the products offered and any marginal errors cannot be considered a conformity defect.
In any case, Users shall not reproduce, copy and/or resell the aforementioned content or any portion of the platform without the written permission of the Owner.

Privacy Policy

The Owner is committed to following the current regulations on the processing of personal data, for which the User is promptly informed in part both through these terms and through acceptance of the dedicated privacy statement during registration as a User.

Intellectual Property Rights

All figurative or nominal trademarks and other commercial signs of any kind that depict Gambi Romano are and remain the exclusive property of the latter and are protected by current trademark protection regulations.
All trademarks and other signs used, for example, to depict the products marketed are used only within the limits provided by current regulations.
On the other hand, trademarks and commercial signs published by third parties remain the exclusive property of those who publish and own them and Gambi Romano does not own these and can therefore only use them within the limits provided. Furthermore, no responsibility is assumed in case of any damages or losses due to the publication of these signs or commercial trademarks on the platform.

Modifications to these Terms

The Owner reserves the right to make modifications to the Terms at any time, without the obligation of prior notice to Users. The User who continues to use the services of the platform after the publication of the modifications, accepts the new Terms unreservedly and Gambi Romano cannot be held responsible for the failure to notify the change of terms.

Assignment of Contract

The Owner reserves the right to transfer or assign all or part of the rights or obligations arising from the Terms, provided that the rights of the User provided for here are not prejudiced. The User shall not be able to assign or transfer in any way their rights or obligations under the Terms without the written authorization of the Owner.

Ineffectiveness and Partial Nullity

If any clause of the Terms should be null, invalid or ineffective, said clause shall be eliminated while the remaining clauses shall not be affected and shall remain fully effective.

Applicable Law and Competent Forum

These Terms and any disputes regarding their execution, interpretation, and validity shall be subject to the law, jurisdiction of the state, and exclusive competence of the court where the Owner is located.
Exception of the exclusive forum of the consumer, if the law provides it.

Dispute Resolution

Online dispute resolution for consumers

The European consumer must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve disputes arising from and / or relating to sales contracts for 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 question sent via email to the email address published on the platform.