Terms & Conditions
Introduction
These Terms govern
• the use of this Application and
• any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized terms are defined in the relevant section of this document.
The User is requested to read this document carefully.
Any additional contract or agreement concluded by the Owner and Sellers prevails over the provisions of the Terms. Therefore, the Terms apply only on a residual basis and in accordance with the provisions of such contracts or agreements.
This Application is a service of:
Bacco del Monte di Elena Bartalucci
Frazione Mulinuccio 24/A
50039 Vicchio, Florence
VAT number: 06595040483
Email address of the Owner: info@baccodelmonte.com
What you need to know at a glance
• Access to this Application and use of the Service by minors is only permitted under the supervision of their parents or guardians.
• Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may only apply to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses apply to all Users.
• The right of withdrawal applies only to European Consumers.
• Access to this Application is permitted to Users who meet the age requirements specified in these Terms.
How this Application works
The Service of this Application is free for Buyers. The Products offered by the Owner or by the Sellers on this Application are highlighted as such.
These Terms govern the use of this Application as a platform.
Unless otherwise specified, the Terms also apply to transactions between Buyers and Sellers, without the Owner being involved in such transactions.
By accepting these Terms, the User unconditionally and without time limitation releases and indemnifies the Owner, its representatives, directors, employees, and agents from and against any claim, demand, or damage (direct or indirect, incidental, or consequential), currently known or unknown, of any kind and nature relating to, arising from, or in any way connected with:
• Disputes between Users or any other natural or legal person,
• The use of the Product, including, by way of example only, any claim relating to violations of intellectual property rights, copyright, reputation or confidentiality, moral rights, paternity or integrity rights of any Seller, or
• The activity of Users on this Application, including, by way of example, the legal capacity of Users to complete a transaction and bear the related costs.
The User acknowledges and accepts that the Owner has no control over the use and abuse of the Products by any natural or legal person and therefore is not liable for any damages that may arise therefrom.
If the Owner becomes aware that a Product may not comply with the Terms, the Owner may verify this finding and determine at its discretion whether to take action in accordance with the Terms. The Owner shall not be liable to Users for taking or not taking such action.
The Owner has the absolute right to remove and/or delete without notice any objectionable Product within its control. The User consents to such removals and/or deletions and waives any claim against the Owner arising from the removal and/or deletion. The Owner is not liable for the failure to store published content or other materials transmitted by Users through this Application. The User must take appropriate measures to save a copy of any data, material, content, or information published on this Application. Any identity verification procedures are adopted by the Owner without guarantee, as simple commitments in good faith.
TERMS OF USE
Unless otherwise specified, the terms of use of this Application set out in this section are generally applicable.
Additional terms of use or access applicable in specific situations are expressly indicated in this document.
By using this Application, the User declares that they meet the following requirements:
• There are no restrictions on Users with regard to whether they are Consumers or Professional Users;
• The User must be at least 18 years old;
• The use of this Application by minors is only permitted under the supervision of their parents or guardians;
Registration
To use the Service, the User can open an account by providing all the data and information requested in a complete and truthful manner.
It is also possible to use the Service without registering or creating an account. In this case, however, certain features may not be available.
It is the responsibility of Users to keep their login credentials secure and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on this Application.
By creating an account, the User agrees to be fully responsible for any activity carried out with their login credentials.
Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as their User account, login credentials, or personal data, has been breached, unlawfully disclosed, or stolen.
Account closure
The User is free to close their account and cease using the Service at any time by following this procedure:
• Contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right to suspend or delete a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive, or contrary to these Terms.
The suspension or deletion of the account does not entitle the User to any compensation, refund, or indemnity.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Application
Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the contact details specified in this document.
Rights to the content of this Application
The Owner expressly retains and reserves all intellectual property rights to the aforementioned content.
Users are not authorized to use the content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translate, process, publish, transmit, sell, sublicense, transform, transfer/alienate to third parties, or create derivative works from the content available on this Application, or allow third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Application, the User is authorized to download, copy, and/or share certain content available on this Application exclusively for personal and non-commercial purposes and provided that the authorship of the work is acknowledged and any other relevant circumstances requested by the Owner are indicated.
The limitations and exclusions provided for by copyright law remain unaffected.
Accessibility of the content provided
The content provided to this Application by Users is made available under the conditions described in this section.
Public content
Content intended to be made public will be automatically published on this Application after uploading or, at the discretion of the Owner, at a later time.
Any personal data, identification or other information that the User uploads together with the content (such as, for example, user ID, avatar or nickname, etc.) will appear in connection with the published content.
Users may (and are encouraged to) consult this Application to find out who can access the content they provide.
Access to external resources
Through this Application, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and therefore is not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and governed by their terms and conditions or, in their absence, by law.
Permitted use
This Application and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.
It is the sole responsibility of the User to ensure that the use of this Application and/or the Service does not violate the law, regulations, or the rights of third parties.
Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any objectionable activity carried out through this Application or the Service to the competent authorities – e.g. the judicial or administrative authorities – whenever the User engages in or is suspected of engaging in:
• violations of the law, regulations, and/or the Terms;
• infringements of the rights of third parties;
• acts that may significantly prejudice the legitimate interests of the Owner;
• offenses against the Owner or a third party.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products offered on this Application as part of the service are paid.
The rates, duration, and conditions applicable to the sale of such Products are described below and in the respective sections of this Application.
Product description
Prices, descriptions, and availability of Products are specified in the respective sections of this Application and are subject to change without notice.
Although the Products on this Application are presented with the utmost technical accuracy possible, the representation on this Application by any means (including, as the case may be, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase process.
Purchase procedure
Each step, from the choice of the product to the submission of the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
• Users are asked to choose the desired Product and verify their purchase choice.
• After checking the information visible in the purchase choice, Users can place the order by submitting it.
Order submission
Order submission entails the following:
• Order submission by the user determines the conclusion of the contract and gives rise to the User's obligation to pay the price, taxes, and any additional charges and expenses, as specified on the order page.
• If the purchased Product requires action on the part of the User, such as the provision of information or personal data, specifications, or special requests, the submission of the order also constitutes an obligation on the part of the User to cooperate accordingly.
• Once the order has been submitted, Users will receive confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
Prices
During the purchase procedure and before submitting the order, Users are duly informed of all fees, taxes, and costs (including any shipping costs) that will be charged to them.
The prices on this Application:
• depending on the section the User is viewing, include all applicable fees, taxes, and costs or are indicated net of applicable fees, taxes, and costs.
Promotions and discounts
The Owner may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Application.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right that can be exercised by Users in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while supplies last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the Owner's headquarters, as indicated in the contact details in this document.
Vouchers
Promotions and discounts may be offered in the form of Vouchers.
In the event of a breach of the conditions applicable to Vouchers, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Any additional or differing provisions applicable to the use of Vouchers set out on the relevant information page or on the Voucher itself shall prevail in any case, regardless of the provisions below.
Unless otherwise specified, the following rules apply to the use of Vouchers:
• Each Voucher is valid only if used in accordance with the terms and conditions and within the period specified on the website and/or on the Voucher;
• The Voucher can only be redeemed in full at the time of purchase—partial use is not permitted;
• Unless otherwise specified, single-use Vouchers can only be redeemed once per purchase and can therefore only be redeemed once, even in the case of installment purchases;
• Vouchers cannot be combined;
• The Voucher must be used within the specified validity period. Once the validity period has expired, the Voucher will be automatically canceled. Any possibility of claiming rights, including reimbursement of the value of the Voucher, is excluded;
• The User is not entitled to any credit/refund/compensation in the event of a difference between the value of the Voucher and the value redeemed;
• The Voucher is intended for non-commercial use only. The reproduction, counterfeiting, and commercialization of the Voucher are strictly prohibited, as are any illegal activities related to the purchase and/or use of the Voucher.
Means of payment
Details of accepted means of payment are highlighted during the purchase process.
Some means of payment are subject to additional conditions or incur additional costs. Detailed information is provided in the relevant section of this Application.
All payments are handled independently by third-party services. Therefore, this Application does not collect payment data—such as credit card numbers—but receives a notification once the payment has been successfully completed. For further information on the processing of personal data and related rights, the User may refer to the privacy policy of this Application.
If the payment made with one of the available means fails or is refused by the payment service provider, the Owner is not obliged to execute the order. If the payment is not successful, the Owner reserves the right to request reimbursement from the User for any related expenses or damages.
Installment payments
The purchase price may be paid in two or more installments, under the terms specified on this Application or otherwise communicated by the Owner.
Certain Products may be excluded from this payment method.
If the User defaults on any single installment payment, the entire amount due will become immediately due and payable.
Authorization for future payments via PayPal
If the User authorizes the PayPal function that allows future purchases, this Application will store an identification code linked to the User's PayPal account. This will allow this Application to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.
The authorization can be revoked at any time by contacting the Owner or by changing the personal settings in PayPal.
Retention of title
Until the Owner has received payment of the full purchase price, the User does not acquire ownership of the Products ordered.
Retention of rights of use
Until the Owner has received payment of the full purchase price, the User does not acquire the rights to use the Products ordered.
Delivery
Deliveries are made to the address specified by the User and in the manner indicated in the order summary.
Upon delivery, Users are required to check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery can be made to the countries or territories specified in the relevant section of this Application.
Delivery times are indicated on this Application or during the purchase process.
Failed delivery
The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions made by the User in completing the purchase order, nor for any damage or delays occurring after delivery to a courier appointed by the User and not proposed or approved by the Owner.
If the goods are not delivered or collected at the time or within the period specified, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, any delivery attempts after the second attempt will be charged to the User.
Delivery subject to conditions
The delivery of certain Products, such as alcoholic beverages, restricted content, or similar items, may be subject to additional conditions on the part of the recipient under applicable law, the Terms, or any other relevant document.
Upon delivery of such Products, Users may be required to provide proof or substitute declarations regarding the existence of such conditions—for example, being considered of legal age under applicable law.
Failure to meet legal or contractual conditions may prevent delivery of the Products.
Provision of services
The service purchased will be performed or made available within the times indicated on this Application or in accordance with the methods communicated before the order is placed.
User Rights
Right of withdrawal
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Who has the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period specified below for any reason and without justification.
Users who do not meet these requirements do not enjoy the rights described in this section. The Consumer shall be liable to the Seller only for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exercising the right of withdrawal
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of their intention to withdraw from the contract.
To this end, the User may use the standard withdrawal form available in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal statement before the withdrawal period expires.
When does the withdrawal period expire?
• In the case of the purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the goods.
• In the case of the purchase of multiple goods ordered together but delivered separately, or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the last of the goods, lots, or pieces.
Effects of withdrawal
The Owner shall refund all payments received, including, where applicable, those relating to delivery costs, to Users who have correctly exercised their right of withdrawal.
However, any additional costs arising from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner shall be borne by the User.
The refund shall be made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund shall be made using the same means of payment used for the initial transaction. The User shall not incur any costs as a result of withdrawal.
... on contracts for the purchase of tangible goods
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by the Owner to receive them without undue delay and in any case within 14 days from the day on which they communicated their intention to withdraw from the contract.
The deadline is met if the goods are delivered to the courier or other authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.
The User is liable for any reduction in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics, and functioning.
The shipping costs for the return are borne by the User.