Terms of Sale
Preamble and acceptance of the General Terms of Sale
These general contract conditions (hereinafter also “General Conditions”) regulate the offer by the company Moldovawine s.r.l. (hereinafter also referred to as the “Company”) of products on https://www.vinimoldavi.com/ (hereinafter also “site”).
The General Conditions must be accepted by the user when registering on the site, in order to be able to benefit from the offers formulated therein and to proceed with the purchase of the products. The company reserves the right to modify the General Conditions in whole or in part at any time, notifying Users via the site with at least 30 days’ notice. If the methods of use have changed, this entails tac ite acceptance of the same. of the products and services offered.
Users are therefore required to periodically consult this page in order to always be informed about the conditions applied. It is understood that the use of the Site after such changes
Ownership of the Site – type of offers
The site is owned by Moldovawine s.r.l
packaged products such as sauces, honey, canned meats and other food products and accessories for the preparation, consumption or preservation of food). Following a purchase transaction, the company will issue the User with an order confirmation.
Registration on the Site
The products on the Site are sold directly by the company. The products can be sold either through a permanent catalog or through “flash-deal” formulas, i.e. promotions that provide for product availability subject to quantitative and/or time limits. The offer of products relates to the categories of food, alcoholic beverages and accessories (wines, sparkling wines, rum, grappa, other spirits, coffee, products
The Site is aimed exclusively at Users who are 18 years of age or older.
Navigation of the site is free while the use of the sales services offered within the Site is made accessible after a registration procedure.
Registration is free. Users who register on the Site must provide some personal data and follow all the steps of the procedure (hereinafter also “Registration”).
At the time of registration, the User will be asked to choose a Username and Password, which the User undertakes not to give, even temporarily, to third parties and to keep with due care, diligence, and secrecy under his own responsibility, these credentials constituting the only means to identify the User and to validate his access to the offers.
The User is therefore informed that all the acts performed through the use of said credentials will be attributed to him and will be binding on him.
The User is required to immediately inform the company of any unauthorized or improper use of his access credentials or to report any violations by third parties. If the company finds violations, it may at its discretion prohibit access, permanently delete the information contained therein or refuse the opening of new Accounts by the same User.
At any time the User may update and/or modify or request the deletion of information during registration. In the event of a request for deletion, however, the company may temporarily maintain, in whole or in part, such information, for the sole purpose of executing any purchases made and/or being able to conclude accounting and tax procedures.
Registration is necessary to proceed with the purchase of products and to access summary information relating to the activities carried out by the User on the site (also “Account”).
Conditions of the offer
The subject of the company’s offers is the purchase of goods at the prices indicated on the Site at www.vinimoldavi.com
The company does not sell alcoholic beverages to persons under the age of 18. By sending orders, the consumer guarantees that the person placing the order and, if different, the recipient of the goods are both over the age of 18. Prices are expressed in Euros and include VAT. Shipping costs for goods may be fixed or variable, calculated based on weight, the number of items selected and/or the destination address of the goods.
Shipping costs may also be included in the sale price of some items or be free if the total amount of the order is higher than a certain value and/or the number of products purchased is higher than a certain threshold.
The User is always informed of the amount of shipping costs before completing the purchase procedure and making the payment.
The images accompanying the information sheets of a product or an offer may not be perfectly representative of its characteristics but may differ in color, size and accessory products shown in the figure.
All information supporting the purchase is to be understood as simple generic information material, therefore not referable to the real characteristics of a single offer.
The validity of the offers may be subject to quantitative or temporal limitations, once these have expired, they may no longer be available. The validity date and/or the available quantity of the offers are shown on the Site in such a way as to allow the User to be aware of them.
The company may modify at any time and at its own discretion the duration or quantity of an offer, without prejudice to the fact that it will follow up on orders placed during the validity of a given offer.
An offer may be published several times over time. In some cases, it is possible that the availability of an item may end at a time after purchase: in these cases, the company, if the conditions are met, will reimburse the User.
It is also possible that for some offers of goods a specific variant is not guaranteed and the User will be asked to specify one or more preferences at the time of purchase: in such circumstances the User is aware that he or she may receive a variant of the product different from the one chosen at the time of purchase.
Order procedure and payment methods
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and discretionary acceptance by the company. That said, once the conditions of the offer have been acknowledged, the User may complete the order by following the procedure on the Site.
Before finalizing the order, a summary will be displayed indicating the unit cost of the selected good and the total, in the event of an order of multiple quantities of the same item or different items.
The cost of any shipping, delivery or postal charges may be fixed or variable, calculated based on the weight of the goods, the number of items selected and/or the destination address indicated by the User during the purchase process.
Shipping costs may also be included in the sale price of some items or be free if the total amount of the order is higher than a certain value and/or the number of products purchased is higher than a certain threshold.
The User is always informed of the amount of shipping costs before completing the order procedure and making the payment. As the last step of the order procedure, the User must proceed with the payment after having carefully checked and possibly modified the information contained in the order summary.
The order is placed by confirming it and is subject to the payment of the price, taxes and shipping and payment costs indicated in the order summary form. The accepted payment methods, unless otherwise specified or agreed with the User, are: credit card from the Visa, MasterCard, BancoPosta, Pago Bancomat, American Express circuits, PayPal account and bank transfer. Once the order has been completed, the User will receive an email summarizing all the information relating to the order placed.
The order summary email does not constitute acceptance of the order. The summary email will also contain the delivery and billing address details. In some cases, it is possible that the availability of an item may end at a time after purchase: in these cases, the company, if the conditions are met, will refund the User.
The debit of the amounts due occurs, unless otherwise specified in the terms of the offer, at the time of payment confirmation. In the case of bank transfer, the summary email will indicate the bank details (IBAN), the amount of the transfer and the order number.
Payment by bank transfer must be made within the terms indicated and in any case no later than 5 days from the order summary email, a term beyond which it may not be possible to guarantee the fulfillment of the goods. In this case, the company will re-credit the user, without additional costs and by bank transfer, any payment received after the terms.
Following successful payment, the company will arrange, by courier, for the shipment of the goods. If the User realizes that he/she has provided incorrect and/or incomplete information regarding his/her personal details or the shipping address of the goods, he/she must communicate this promptly and within the order processing deadlines, by sending an email to the address: moldowine.md@gmail.com
In all cases, the User is solely responsible for any incorrect and/or incomplete personal information or delivery address, with the consequent possibility of losing the sum paid if the goods are delivered to strangers.
Transaction security
The company Moldovawine s.r.l. does not process or store payment title data (e.g. credit card numbers), which are processed and/or stored by the relevant payment service providers.
The actual payment takes place through protected and encrypted payment data entry fields. Only after the transaction has taken place does the service provider communicate the outcome of the payment to the company, without providing any sensitive information.
For this reason, the company has no power over any refusal of the credit card used for payment. The company cannot therefore be held responsible in any way for direct or indirect consequences arising from the use of the credit card by the user to pay for the products and/or services purchased.
Vouchers
The company may issue discount codes (hereinafter also “Vouchers”) that the User may use when purchasing the products. Vouchers are issued in the form of an alphanumeric code and their value (in euros) is established
unquestionably and at its sole discretion by the company.
The Voucher may be entered by the User in the appropriate “COUPON” field when placing the order. The Voucher thus entered will be automatically deducted, and before payment, from the total amount of the order excluding any shipping costs.
Vouchers, representing promotions or price discounts, unless otherwise expressly indicated, cannot be combined with further promotions or discounts on the same order.
Vouchers are generally usable by the user for a limited period of time, after which they will no longer be usable. The Voucher may be subject to a minimum amount of expenditure below which its use will not be possible or to a minimum number of products.
Unless otherwise specified, the Voucher is personal and linked to the User’s Account and may be used for a single purchase, after which it will be automatically invalidated.
Vouchers may not be sold, assigned and/or transferred to third parties unless expressly authorized by the company. The company reserves the right to cancel any Voucher previously issued, even before its expiration, without the obligation to justify the reason and without the right to compensation or reimbursement.
The company may also issue Vouchers to Users who invite acquaintances, friends and family to view the offers on the Site and to register on it. To complete this procedure, the Site may provide some functions such as “Recommend to a friend”, “Send an offer email”, “Share on” Facebook or other social networks etc.
For each new guest who purchases an offer within a certain period of time, the company may recognize the User a Voucher, of a value determined from time to time at the discretion of the company, to be used on their Account for a subsequent purchase.
The company reserves the right to eliminate the Vouchers issued in favor of users who make improper use of them, without any prior notice and without the right to compensation or reimbursement.
Shipping and Delivery
The company accepts
orders with delivery exclusively on Italian territory, including islands, with the exception of San Marino, Vatican City, Livigno and Campione d’Italia.
Unless otherwise specified on the product sheet, shipping takes place within 10 working days from the date on which the regular and full payment of the order is confirmed. In the event that the goods become unavailable for any reason after receipt of the order, a refund of any payment received will be issued, at no cost to the User.
The User may be informed by email of the moment in which the product is shipped by the company. The User will be notified by email, if available, of the name of the courier and the tracking code of the shipment (Waybill or “Tracking”), through which it will be possible to follow its status.
The company is not able to guarantee a precise date or time of delivery as this depends on the courier, the destination address and the person in charge of delivery. The company cannot therefore be held responsible for any direct or indirect consequences arising from these timescales.
The delivery of the ordered goods is intended, unless otherwise specified during the purchase process, at street level.
For the shipment of all its bottles, the company uses suitable packaging approved by the courier, designed to guarantee the integrity of the product. In any case, upon delivery of the goods by the courier, the user will be required to verify that the packaging is intact, not damaged, or in any way altered, including the sealing materials (adhesive tape or straps) or that there is no liquid leaking.
Any damage to the packaging and/or the product must be immediately contested by the User, by placing a written control reservation (and specifying the reason for the reservation, e.g. “Holey packaging”, “Crushed packaging”, etc.) on the courier’s delivery document.
Once this document has been signed, the User will no longer be able to make any disputes regarding the characteristics of the goods delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 3 days of delivery, by writing an email to: moldowine.md@gmail.com
In the event of failure to deliver the goods within the indicated times, the User will be required to notify the company, which will verify, directly with the courier, the status of the shipment and any anomaly.
Following a confirmed shipping anomaly (for example, a package lost or destroyed during transport),
the company will proceed to send the product again, subject to its availability in the warehouse, without additional costs or charges for the user, or to fully refund the order.
Withdrawal
The User who requests a service for purposes other than his/her professional activity has the right to withdraw from the purchase contract concluded with the company without any penalty and without having to provide any reason, within 14 working days pursuant to and for the purposes of art. 52 paragraph 1 of the Consumer Code, which start from the day of receipt of the product purchased on the site.
The withdrawal may be exercised by the Customer, pursuant to art. 54 paragraph 1 of the Consumer Code, using the withdrawal form in Annex I, Part B of the Consumer Code or by submitting any other explicit declaration of his/her decision to withdraw from the contract, to be sent by registered letter with return receipt, Moldovawine s.r.l., S.S. 7 BIS-KM-50, (Palazzo Mercury) – 80035 Nola (Na) or by email to moldowine.md@gmail.com
The registered letter with return receipt or email must contain the product and order number. The burden of proof relating to the correct exercise of the right of withdrawal, in accordance with the procedure indicated above, is borne by the User.
Following the correct exercise of the right of withdrawal, the User will have the obligation to return the goods without undue delay and in any case within 14 days from the date on which the User communicated to the company his decision to withdraw from the contract pursuant to art. 54, c. 4.
The User must apply, on the packaging, in a visible manner, the document received from the company following the communication of withdrawal mentioned above, in which the shipping address and the details relating to the order necessary to identify the return at its destination are already indicated. The User is advised to include a copy of this document inside the packaging, in order to avoid its loss or the impossibility of identifying the return once it has arrived at the warehouse.
The related shipping costs of the goods will be borne by the User, unless the company has not informed the User of this upon conclusion of the contract, in accordance with art. 57 paragraph 1 of the Consumer Code.
The company reserves the right to verify that the goods, for which the User is solely responsible pursuant to art. 57 paragraph 2 of the Consumer Code, are in the same condition in which they were delivered or that the product has not been altered in its essential and qualitative characteristics and retains its original packaging and label. If this is not available, the User will be required to return the product appropriately packaged, in order to preserve its integrity.
The company may refuse to accept a withdrawal for food products that have been consumed even partially.
Pursuant to art. 59 of the aforementioned Consumer Code, goods made to measure or personalized or which, by their nature, cannot be returned or are subject to rapid alteration or deterioration are excluded from the possibility of withdrawal.
Refunds
Any disbursement of the sums by way of reimbursement by the company, if due, will take place pursuant to art. 56 paragraph 1 of the Consumer Code as soon as possible, and in any case no later than 14 days from the date on which the event that gave rise to the reimbursement occurred and in the event of withdrawal, from the day on which it became aware of the relative exercise by the User.
The company will carry out the reimbursement using the same means of payment used by the User for the initial transaction, unless otherwise expressly agreed with the User and provided that the User does not have to bear any costs as a consequence of using the different means of payment.
The company will not be required to reimburse delivery costs if the User has expressly chosen a type of delivery that is different and more expensive than that offered by the company. It is understood that the company may withhold the refund until it has received the goods.
Liability of Moldovawine s.r.l.
The company will not be liable for damages that may arise from the use of the Site such as computer viruses, omissions, interruptions of service and software failures, even to the detriment of the User’s computer equipment, which prevent or delay the provision of services if these are due to external causes, force majeure and/or third parties not dependent on the will of the owner.
The company will be liable only for any defects or non-conformities found and ascertained that concern the products offered for sale. In any case, the company cannot in any case be held liable for delays or defects or non-conformities dependent on events outside its reasonable control such as, by way of example:
(I) force majeure events;
(II) events dependent on third parties such as the interruption or malfunction of the services of telecommunications operators and/or power lines, or acts or omissions by carriers or shippers.
Privacy
Personal data is collected and processed in order to follow up on the User’s requests. The company
guarantees its users to operate in compliance with the legislation on the processing of personal data, governed by the Privacy Code pursuant to Legislative Decree no. 196/2003. The privacy policy is to be considered an integral and substantial part of these General Conditions and is accessible in the Privacy section of the Site here. The data controller is Moldovawine s.r.l. Any complaints must therefore be addressed to:
Moldovawine S.R.L.
S.S. 7 BIS-KM-50, (Palazzo Mercury) – 80035 Nola (Na)
gmgroupsrl2019@gmail.com – Tel: +39 081 19802025
Upon Registration, the User may be asked to give his/her consent to receive commercial information, including through the sending of newsletters. In this case the user will be free to give his consent or not.
Cookies
The use of Cookies is necessary for the correct functioning of the Site.
Cookies are used to obtain information on the terminals, the operating system, the IP address and the type of browser in use, in order to offer the User a better browsing experience. This is generally statistical data, which does not contain sensitive information.
It is possible to deny the use of Cookies by activating the option to deactivate them on the browser or device in use. More information on cookies is available at the link: https://www.vinimoldavi.com/
Conciliation procedure. Applicable law and competent court
These General Conditions will be governed in every aspect by Italian law. For any dispute concerning the interpretation, execution and/or termination of the contract between the user and the company, the user and the Partner have the right to carry out the conciliation procedure.
The conciliation procedure will be carried out in accordance with the provisions of Article 49, paragraph 1, letter V of Legislative Decree 6 September 2005 no. 206 (Consumer Code).
If the conciliation procedure has had a negative outcome, or the user or the Partner have not undertaken the conciliation procedure, the Parties may appeal to the Judicial Authority. To this end, the Parties acknowledge that the Judge of the place of residence or domicile of the user will have jurisdiction, if the user is to be considered a consumer according to the laws in force on the matter.
If the user is a professional, the Court of Nola will have jurisdiction.