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Home Terms & Conditions
General Terms & Conditions

Article 1 Applicability of these General Terms & Conditions of Sale

To all business relationships between Vinaficio and the customer the following General Terms and Conditions in their version valid at the date of order apply exclusively. Vinaficio will not accept any other conditions unless a previous written consent was given. 

The customer acknowledges that he/she has read these General Conditions of Sale and accepts the terms set out therein. In an event not covered by the General Terms & Conditions of Sale, the distance selling regulations of the country in which the registered office of Vinaficio is located will apply. 

Article 2 Contract partners and protection of minors

Vinaficio concludes contracts concerning the delivery of alcoholic beverages exclusively with unrestrictedly contractually capable natural persons who have reached the age of 18. 

By accepting the General Terms & Conditions of Sale of Vinaficio the customer confirms that he/she has reached the age of 18. Vinaficio points out that alcohol is principally handed out to persons over 18 only, i.e. that the buyer has to make sure that the delivery is received by persons of full age only. The abuse of alcohol is dangerous to health. It should therefore be consumed and enjoyed in moderation. 

Article 3 Orders

Vinaficio will accept orders placed via the order form under the terms of the General Terms & Conditions of Sale where stock is available.

The customer's order is an offer for the conclusion of a purchase contract. We confirm the receipt of the order at our company by sending to the customer an email to the email address indicated by the customer in the order form. Expressively, this email does not represent an acceptance of the previous offer for the conclusion of a contract given by the customer. The purchase contract is only concluded with the dispatch of the ordered goods to the indicated address and a confirmation of dispatch sent via email. 

If an item is out of stock, we will advise the customer of the time needed to obtain the product in question or we will try to offer the customer an alternative product. The items ordered may be delivered in one or more shipments. The products will be shipped to the customer when the above described conditions apply and once payment has been received. Vinaficio reserves the right to cancel any order without giving reason. 

Article 4 Personal data and privacy

The creation of a customer account with Vinaficio requires the customer to provide a certain amount of personal data. The information required to process orders and manage communications with customers is stored on a secure and confidential basis. 

Vinaficio will use and electronically store the data of its customers (name, address, method of payment) for the processing of the received purchase contracts and for the purpose of customer information only. In particular, the transfer of customer data to third parties (e.g. parcel service or financial institutions) takes place for the purpose of fulfillment of the contract exclusively. Vinaficio will observe all legal data protection requirements. The customer agrees to the storage and transfer of his personal data within the scope described above. Security with the methods of payment (e.g. credit card, direct debit) and the protection of these data is especially important to Vinaficio. All systems in which we store customer data are password protected and accessible to a controlled close circle of persons only. 

Article 5 Price

Prices on the website are quoted in euro. Taxes (VAT, duty and all other applicable taxes or fees) are clearly listed before the customer confirms his order. Delivery/transport costs are clearly listed before the customer confirms his order. Delivery costs vary according to the number of items ordered and the country to which they are to be dispatched.  Additional administrative charges may apply for certain products and/or countries and are clearly listed before a customer confirms his order. 

 

Prices include all taxes and duties applicable in the country of destination, i.e. where the buyer/recipient of the wines is. Vinaficio declares and pays all taxes and duties, in particular VAT and excise duties in the country of destination.

Article 6 Payment

The full price (incl. taxes, duties, transport and all other costs listed on the order form) of products purchased via the order form is payable when the order is placed. Products ordered remain the property of the individual producer until payment has been received in full. Payment can be made by credit card or other means indicated by Vinaficio. An invoice will be issued by Vinaficio and sent to the customer at his/her billing address. The ordered products can only be shipped once full payment has been received by Vinaficio. 

Article 7 Availability

Vinaficio or the winegrower cannot be held liable if products are out of stock, leading to a delay in delivery. Orders are only confirmed when the price has been paid by the purchaser. In the event of the unavailability of one or more products following confirmation of the order, Vinaficio or the winegrower will inform the customer by email as soon as possible. With the customer's agreement, Vinaficio may modify the order or alternatively Vinaficio may refund the amount of the unavailable product(s) to the card or customer account used in the order process. 

Article 8 Delivery

Orders are delivered to the address supplied by the customer. Orders will be shipped directly from the producer to the customer. The items ordered may be delivered in one or more shipments. Vinaficio and its partners will do their utmost to fulfill deliveries as quickly as possible. Average delivery times vary depending on the producer's seat of business, the customer's delivery destination and the duration of customs/excise duty clearance. Customers are asked to check their packages carefully at the time of delivery so that any errors can be immediately notified to delivery personnel. Neither Vinaficio nor the producer can be held liable if it is not possible to fulfill a delivery because the address provided by the purchaser during the order process contains errors. Any products ordered via the order form must be delivered to the customer within 30 days, otherwise the customer has the right to cancel the purchase. 

Article 9 Withdrawal and Returns

The customer can return goods purchased within 14 days from delivery, without penalty, for an exchange or refund excluding delivery charges. These goods must be directly returned to the producer. Should the products not be returned directly to the producer the customer will have to pay any additional costs that may arise. The costs for returning the goods are to be paid by the customer. Vinaficio will provide the customer with a refund, excluding delivery charges as well as other charges or fees that have occurred in the order process. The refund will be processed by Vinaficio within two weeks of receipt of the returned goods by the producer. 

For security reasons and as a precaution against breakage, customers who intend to return wine or other liquids must return the bottles in the cardboard boxes in which the bottles were delivered to them or similar ones with the same quality characteristics.

Already before the goods are delivered to the customer and following his order the customer has the right to withdraw from his order. In case the goods have already been shipped Vinaficio will only provide the customer with a refund excluding any transport and delivery charges as well as other possible charges or fees that may have occurred in the order process. 

In case of deterioration of the goods when in possession of the customer compensation for loss of value can be claimed by Vinaficio. 

Article 10 Guarantees

Vinaficio guarantees against hidden defects in goods that make them unfit for the use for which they were intended, or which affect their use to such an extent that the customer would not have bought them, or would have bought them only at a lower price, if he/she had been aware of the defects. To this end, the customer has until two months after the date of delivery to report a complaint to Vinaficio and the producer. After two months have elapsed from the date of delivery, Vinaficio can no longer guarantee the products sold and the customer must prove that the damage to the product occurred prior to receipt.

Article 11 Liability

All product details and photos on the website of the producer (e.g. winery) are provided for information purposes only and do not entail a contractual liability of Vinaficio or any of the producers under any circumstances. 

Article 12 Legal venue and applicable law

Legal venue for both parties - as far as legally permitted - is Romans (Dept. Isère), France. If the customer is a private individual and if he is not a resident within the European Union, Romans, France, shall be the legal venue as well. 

These General Terms & Conditions of Sale shall be governed in accordance with the laws of France. Concerning customers within the European Union the law of the residence of the customer may also be applicable as far as mandatory legal consumer regulations are concerned. These General Terms & Conditions of Sale shall take precedence over and overrule all general terms and conditions the customer may have. 

The customer has not the right to offset unless the claim is undisputed or was legally ascertained by a court. If the customer is a trader, business or a corporation of public law, the place of fulfillment for deliveries and payments and the legal venue is Romans (Dept. Isère), France. 

Article 13 Miscellaneous

Queries and complaints always receive our utmost attention, and we always assume that those who take the trouble to alert us to such situations have done so in good faith. In the event of a dispute, customers should contact Vinaficio as soon as possible so that we can attempt to resolve the situation amicably. 

If single terms of these General Terms & Conditions of Sale should be or become legally ineffective in whole or partly or lose their legal effectiveness later the validity of the rest of the terms shall not be affected. In this case, both parties oblige themselves to agree on an effective regulation instead of the ineffective regulation which will come closest to the economic purpose of the ineffective regulation as far as legally possible under consideration of the interests of the parties expressed in these terms. This shall also apply if the contract shows a gap which could not be foreseen by the parties.