Zio Bacco - Terms & Conditions
These terms and conditions govern the contract (hereinafter "Contract") between ATS Wines Italy, (hereinafter "ATS") and the user (hereinafter "User") registered on the website www.ziobacco.com (hereinafter "Site") with reference to the supply of goods such as Wines, Spirits, Preserves, Oil and aged Vinegar (hereinafter "Supply"). The general conditions are only applicable to sales contracts with buyers, according to provisions of the Italian Law against unfair competition for which: " substantial and remedial legislation contained in articles 2598 and subsequent of the Italian Civil Code is examined; which prohibits acts of typical unfair competition (piracy and counterfeit goods, and the denigration and appropriation of other people's merits) and atypical (acts contrary to principles of professional correctness and capable of damaging another company) and defines the judicial protection, inhibitory and compensatory, granted to the entrepreneur, allowing associated companies to take legal action.". The provision of the Service implies full acceptance, without reservations, of the present general conditions of contract that will remain valid and effective until they are modified and / or integrated: any changes and / or additions will be effective starting from the date they are published on the site and will apply to contracts concluded from that date.
1. Objective of the Contract
The Contract deals with the supply of goods including but not limited to - wine, spirits, oil, preserves, aged vinegar produced by third parties – on behalf of the user of ATS through www.ziobacco.com.
2. Conclusion of the Contract
The online sales contract refers to the distance contract concerning the sale of movable goods (goods) stipulated between the User and ATS, as seller, within the e-commerce service organized by Zio Bacco which utilizes remote communication technology (the Internet) through the site for this purpose. To conclude the purchase of goods the User must complete the order in electronic format, selecting goods to collect in the cart, through the site following the instructions. The order includes a reference to these General Conditions of Sale, information on each product, the relative price, the means of payment that can be used, the methods of delivery of the goods, the costs of shipping and delivery. ATS e-mails the invoice related to the purchase to the user which includes indication of costs of goods and shipping. The contract is concluded when the user accepts and confirms the order on the website through the internet. Once the transaction is completed, ATS will take over the handling of the Order.
In order to complete the contract for the purchase of the goods, the Customer must fill in the electronic order form and send it to the Vendor through the site by following the specified instructions.
The order contains a reference to the General Conditions of Sale, the details and price of each product, the accepted methods of payment, the terms of delivery, and the shipping and delivery costs.
ZIO then e-mails the Customer a pro-forma invoice stating the costs of the goods, shipping costs and delivery time.
The contract is concluded at the moment when Customer agrees and confirms the pro-forma invoice received through the website.
Once the contract is concluded, ZIO will execute the Order.
3. Obligations of ATS
ATS through www.ziobacco.com undertakes to provide the aforementioned goods to the amount indicated upon conclusion of the purchase in the manner referred to in point 2). Merchandise may differ slightly from the items indicated on the basis of possible variations made by the manufacturers during production and therefore ATS declines all responsibility deriving from any errors related to the prices of the products, descriptions and illustrations. ATS, through www.ziobacco.com undertakes to maintain the efficiency of the service offered on the aforementioned site and should it be forced to interrupt the service due to exceptional events or maintenance, it will try to reduce interruption periods or malfunctioning in the shortest possible time and can under no circumstances be held responsible for violation of this purchase in case of force majeure. In no case will ATS be held responsible for the malfunctioning of the Service resulting from breakdowns, overloads and even temporary interruptions by telephone, electrical, global and national network operators or the malfunctioning of external services to their servers or the User may use or assume any responsibility for defects, errors or omissions contained in the Service or for any loss, or damage arising from the use of the Service and / or the display of contents of the Service. ATS will define the appropriate procedures for access to the aforementioned site and reserves the right to improve them at any time in order to improve efficiency and provide the Customer with all technical specifications required to access the Service.
4. User Obligations and Indemnity Clause
By sending the order, the User agrees to purchase the goods by paying the fee indicated in the manner specified in point 5) and to use the service provided by the site and the goods purchased in a lawful manner. The User, without prejudice to any other provision referred to in these General Conditions, recognizes and expressly declares that the use of the site's supply and services is at its own exclusive risk, and guarantees and fully relieves ATS, www .ziobacco.com and owners of the domain, of any civil and criminal liability deriving from the illicit, improper or abnormal use of the goods and services rendered by the site.
5. Prices and Payment Method
All prices indicated for offered goods must be understood as inclusive of legal charges. Shipping costs are excluded. ATS reserves the right not to send the goods in case of unpaid purchases by the User for technical reasons related to the chosen payment system and / or in any case to permanently cease the supply for reasons of an entrepreneurial and / or technical nature. The payment methods available are: PayPal, Credit Card, or Bank transfer to IBAN communicated by e-mail, payable upon receive.
6. Shipping and Delivery
The products are sent to you or delivered to your trusted courier within two days of receiving payment. Delivery times are only indicative. ATS is not responsible for any delay in the delivery time of the product even for reasons of force majeure (transport strikes, technical delays) and any other interruption not dependent on the will of ATS. ATS is not responsible for sending merchandise to incorrect addresses provided by the User and no refunds will be made of any kind. The resubmission of the goods will be treated as a new order. If the user or the person appointed by him is not present at the time of delivery of the package by the courier, the costs of storage will be borne by the purchaser. In case of return to the seller of the goods for non-delivery, the reimbursement costs will be charged to the User.
7. Warranty and Withdrawal
The Seller is responsible for the non-compliance of the articles with the products ordered in accordance with the provisions of Italian law. The right of withdrawal is not provided.
This contract contains no provisions for right of withdrawal.
ATS has no responsibility for improper and incorrect use of the products made by the User. The seller is not responsible for the state of the products due to improper storage subsequent to delivery.
All texts and images on the site are protected by copyright by ATS and their respective producers: the copying and use of the website content are prohibited without written authorization. Transgressions against copyright will be prosecuted to the maximum extent of civil and criminal law with any claims for damages.
For any information request, the Customer can contact the addresses listed on the site under "Contact us".
11. Customer Communications
The Customer acknowledges, accepts and consents to the allowing the Site to send all communications, notifications, attestations, information, reports and any documentation on the operations performed referring to the purchase of the Products, to the registered e-mail address, with the possibility to download and print information in the ways and within the limits provided by the Site.
12. Jurisdiction and Competent Court
These General Terms and Conditions of Sale are Governed by and will be interpreted in accordance with Italian law. Therefore the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law and any disputes inherent and / or consequent to the same shall be resolved exclusively by the Italian Court. Jurisdiction to settle any dispute relating to this contract is exclusively that of Milan.