Terms and Conditions

About Wivood

It is an online sales service for wine and other alcoholic beverages.

Introduction

This document

This document constitutes a legal agreement between you, as a User, and the company that manages and governs your use of the website and, in any case, the use of the services provided. “Legal Agreement” means that the terms of such agreement, once accepted by the User, are binding on the latter.
For simplicity, “User”, “you”, “your” and similar terms, whether singular or plural, refer to you, the User. “We”, “our” and similar terms refer to the company that owns and operates Wivood. “Wivood” refers to this site and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the Italian language. Other definitions can be found in the “Definitions” section at the bottom of this Agreement.

Acceptance of the Contract

In order to use Wivood, 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, Wivood Content and Prohibited Use

Registration

In order to use the Service or part of it, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions. The User has the responsibility to safeguard and maintain confidentiality of his/her access credentials.

It is understood that in no case may the Owner be held responsible in the event of loss, disclosure, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.

Account Deletion and Closing of User Accounts

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

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

• the User has breached the Agreement; and/or
• access to or use of the Service may cause harm to the Owner, other Users or third parties; and/or
• Your use of Wivood may result in a violation of applicable law or regulation; and/or
• in the event of investigations conducted as a result of legal actions or for the involvement of public authorities; and/or
• the account is deemed by the Owner, in its sole discretion and for any reason, to be inappropriate or offensive or in violation of the Agreement or not in line with the Owner's standards.

Contents available on Wivood

The contents available on Wivood are protected by copyright law and other international laws and treaties for the protection of intellectual property rights and, unless otherwise specified, their use is permitted to Users exclusively within the limits specified in this clause.
The Owner grants the User, for the entire duration of the Contract, a personal, non-transferable and non-exclusive license, for exclusively personal and never commercial purposes and limited to the device in use by the User for the use of such contents.
Therefore, the User is expressly prohibited from copying and/or downloading and/or sharing (except within the limits illustrated below), modifying, publishing, transmitting, selling, sublicensing, processing, transferring/assigning to third parties or creating derivative works in any way from the contents, including those of third parties, available on Wivood, nor from allowing third parties to do so through the User or his/her device, even without his/her knowledge.
Where expressly indicated on Wivood, the User, for personal use only, may be authorized to download and/or copy and/or share some content made available on Wivood, provided that all copyright indications and other indications provided by the Owner are faithfully reported.

Content provided by third parties

The Owner does not carry out any preventive moderation on the contents or links provided by third parties shown on Wivood. The Owner is not responsible for such contents and their accessibility.

User-provided content

Users are responsible for their own content and that of third parties that they share on Wivood, by uploading it, inserting content or by any other means. Users indemnify the Owner from any liability in relation to the illicit dissemination of third-party content or the use of Wivood, in ways contrary to the law.

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

• complaints are received from other Users;
• receive a notice of intellectual property infringement;
• considers it necessary to do so in anticipation of, or as a result of, legal action;
• such action is requested by a public authority; or
• believes that such content, remaining accessible through Wivood, could put at risk Users, third parties, the availability of the Service and/or the Owner himself.

Rights on content provided by users

The only rights granted to the Owner in relation to the contents provided by the Users are those necessary for the operation and maintenance of Wivood.

Unless otherwise stated, by submitting, posting or displaying content on or through Wivood, the User grants the Owner and other Users a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any media or distribution method now known or later developed.

Services provided by third parties

Users may use services or content included in Wivood provided by third parties, but must first have read the terms and conditions of such third parties and accepted them. Under no circumstances may the Owner be held liable in relation to the correct functioning or availability, or both, of services provided by third parties.

Unauthorized 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 Wivood or any portion of it;
• circumvent any technology used by Wivood or its licensors to protect content accessible through it;
• copy, store, modify, change, prepare derivative works of or alter in any way any of the content provided by Wivood;
• use any robot, spider, site search/retrieval application, or other manual or automatic device, process or means to access, retrieve, scrape, or index any portion of Wivood or any Wivood Content;
• rent, lease or sublicense Wivood;
• defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others;
• disseminate or publish any illegal, obscene, illegitimate, defamatory or inappropriate content;
• unlawfully appropriate the account in use by another User;
• register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through Wivood;
• use Wivood in any other improper manner that violates the Terms.

Terms of sale

Purchase

Purchase procedure

Each order sent constitutes an offer to purchase the products. Orders are subject to availability and discretionary acceptance by the Owner.
The User must select the products and complete the checkout, after having carefully verified the information contained in the order summary. The order is placed by confirming the order and is subject to the payment of the price, taxes and shipping and payment costs indicated in the Order Summary form.

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

Payment Methods

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

Any costs incurred in managing payments made by the User that are not accepted will be charged to the User.

Retention of title

Until full payment of the price of the products ordered, the products remain the property of the Owner.

Product Availability

Prices, descriptions or availability of products displayed are subject to change without notice. The photos included are indicative and may not constitute an exact representation of the products.
The Owner will do his best to present the characteristics of the products with the greatest possible level of detail on Wivood within each tab corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on Wivood may differ from the actual ones due to multiple factors including, by way of example and not limited to, the User's terminal monitor, photographic filters, etc. Therefore, the User acknowledges and accepts that such possible minor differences do not constitute a lack of conformity of the products.

Execution of the Order

The Order is executed within the terms specified on the summary page and in the Order Confirmation email, subject to the availability of the product ordered.
The Owner cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.

Delivery

Delivery

Deliveries are made during normal working hours to the address indicated by the User and according to the methods specified in the order summary.
Upon delivery, the User must check the contents, specifying any anomalies on the delivery form.
In case of failure to collect within the deadline established by the carrier, the products will be returned to the Owner, who will refund the price of the products, but not the shipping cost. The Owner 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.

Right of withdrawal and guarantee

Right of withdrawal

In case of purchase of products or services on Wivood the User has the right to withdraw from the contract without indicating the 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 Owner of the decision to withdraw through an explicit declaration sent to the contacts indicated.

To this end, you may use the model for exercising the right of withdrawal reported in the “definitions” section of this document. The User is also free to express his/her choice to withdraw from the contract in any other equivalent form.

Effects of withdrawal

If the User withdraws from this contract, all payments made to the Owner will be refunded, including delivery costs (with the exception of additional costs resulting from the possible choice of a type of delivery other than the least expensive type of standard delivery offered) without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from this contract. Such refunds will 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 case, the User will not have to bear any costs as a consequence of such refund. The refund may be suspended until receipt of the goods or until the User has demonstrated that he has sent back the goods, whichever is earlier.

The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is respected if the User returns the goods before the expiry of the 14-day period. The costs of returning the goods will be paid in advance by the User, but will be reimbursed by the Owner in the manner and within the limits indicated above at the User's expense. The User is only responsible for the decrease in value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

Limitations on the right of withdrawal

Returned products that are damaged or used in a manner other than that strictly necessary to establish their nature, characteristics and functioning will be refunded after deduction of the decrease in value resulting from the damage or use. 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 personalized;
• the supply of goods which are liable to deteriorate or expire rapidly;
• the supply of sealed goods which are not suitable for return for hygiene or health protection reasons and have been opened after delivery.

If one of the above exceptions is applicable to the goods purchased by the User, the latter will not be able to exercise the right of withdrawal.

Applicability of the withdrawal clauses

The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who can be classified as a consumer, i.e. the User who acts for purposes outside of his/her entrepreneurial and 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 a guarantee of conformity of the products and services purchased within 24 months of purchase provided that notification is given within 2 months of their discovery.

To exercise the right of guarantee, the User is required to contact the Owner at the contact information contained in this document, providing an accurate description of the defect found.
If the lack of conformity of the product is ascertained, the User has the right to obtain, at his choice, the repair or replacement of the product.
The User also has the right to request from the Owner an appropriate reduction in the price or the termination of the contract in the following cases:

• if repair and replacement are impossible or excessively expensive;
• if the Owner has not repaired or replaced the goods within a reasonable period of time, in any case not less than 15 days;
• if the replacement or repair previously carried out has caused significant inconvenience to the User.

The User is still required to return the defective products.

Indemnity and Limitation of Liability

Indemnity

The User undertakes to indemnify the Owner (as well as any companies controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend itself in court, which may arise from damage caused to other Users or third parties, in relation to the content uploaded online, to the violation of the law or the terms of these conditions of service.

Limitations of liability

Wivood and all the features accessible through Wivood are made available to Users, under the terms and conditions of the Contract, without any guarantee, explicit or implicit, that is not mandatory by law. In particular, no guarantee is provided of suitability of the services offered for the particular purposes that the User intends.
The use of Wivood and the features accessible through Wivood is carried out by Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for damages of a contractual and extra-contractual nature towards Users and third parties exclusively in the event of willful misconduct or gross negligence when these constitute an immediate and direct consequence of Wivood's activity. Therefore, the Owner will not be liable for:

• any losses which are not a direct consequence of the breach of the Contract by the Owner;
• any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
• damages or losses resulting from interruptions or malfunctions of Wivood 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, by way of example and not limited to, failures or interruptions to telephone or electrical lines, to the Internet network and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications; and
• incorrect or unsuitable use of Wivood by Users or third parties.

Common provisions

Service Interruption

To ensure Users the best possible use of the Service, the Owner reserves the right to interrupt the Service for maintenance or system update needs, informing Users through constant updates on Wivood.

Reselling the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Wivood and its Services without the prior written permission of the Owner, granted either directly or through a specific reseller program.

The Owner may tolerate forms of resale carried out 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 must refer to Wivood's privacy policy.

Intellectual Property Rights

All trademarks of the Application, figurative or nominal, and all other signs, trade names, service marks, word marks, illustrations, images, logos that appear concerning Wivood are and remain the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.

All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos regarding third parties and the contents published by such third parties on Wivood are and 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 such intellectual property rights and may use them only within the limits and in accordance with the contracts concluded 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 13 years of age use Wivood.

Conditions for receiving deliveries

The User who makes the purchase through Wivood also declares and guarantees 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, giving notice to the User by publishing them within Wivood.
The User who continues to use Wivood 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 the rights or obligations arising from the Terms, provided that the User's rights under these Terms are not affected.

You may not assign or transfer in any way your rights or obligations under the Terms without the written permission of the Owner.

Communications

All communications relating to Wivood must be sent using the contact information listed in the Agreement.

Ineffectiveness and partial nullity

If any provision of the Terms is held to be void, invalid or unenforceable, that provision will be deleted and the remaining provisions will not be affected and will remain in full force and effect.

Applicable law and competent court

These Terms and all disputes concerning the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Owner has its registered office.
The exclusive jurisdiction of the consumer is an exception, if the law so provides.