1. Definitions

   To allow for a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meanings indicated below:

   • Holder: Agricultural company Cantina della Valtenesi and Lugana S.r.l., with registered office at Via Pergola 21, Moniga del Garda (BS), VAT Number / Tax Code 04020910982, BS 582195, fully paid-up share capital of €550,000.00, PEC address cvl.srl@legalmail.it
   • Application: the website www.gardavino.it
   • Products: the products provided to the user by the Owner
   • User: any subject that accesses and uses the Application
   • Consumer User: the adult natural person who concludes a contract for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activities that may be carried out
   • Non-Consumer User: the adult natural person or legal entity that enters into a contract for the performance or for the needs of their own business, commercial, artisanal, or professional activity
   • Conditions: This contract governs the relationship between the Owner and the Users, as well as the sale or provision of the Products offered by the Owner through the Application.

2. Detailed information about the Application's offer.

   The Application provides Users with the site. www.gardavino.it It allows for the online consultation of the product catalog and their purchase directly online.

3. Scope of Application of the Conditions

   The use of the Application involves the User's acceptance of the Conditions. If the User does not wish to accept the Conditions and/or any other notes, legal notices, or information published or referenced therein, they will not be able to use the Application or its related services.

   The Terms and Conditions can be modified at any time.

   The applicable Conditions are those in effect on the date of transmission of the purchase order or request for the supply of a Product.

   Before using the Application, the User is required to carefully read the Terms and save or print them for future reference.

   The Owner reserves the right to change, at their discretion, at any time even after the User's registration, the graphical interface of the Application, the Content and its organization, as well as any other aspect that characterizes the functionality and management of the Application, informing the User, where necessary, of the relevant instructions.

4. Purchase or supply request through the Application.

   All Products offered through the Application are described in detail on their respective product pages (quality, features, availability, price, delivery times and costs, additional charges, etc.). There may be some errors, inaccuracies, or small differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are for representation purposes only and do not constitute a contractual element.

   Purchases and/or requests for the supply of one or more Products through the Application are allowed for both Consumer Users and Non-Consumer Users.

   Purchases and/or requests for supply are permitted for individuals only if they are of legal age. For minors, any purchase and/or request for supply of Products through the Application must be reviewed and authorized by parents or those exercising parental responsibility.

   The offer of Products through the Application constitutes an invitation to offer, and the order sent by the User will be considered a contractual proposal for purchase and/or a request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at their sole discretion, the right to accept or reject the User's order without the latter being able to raise any objections or complaints for any reason whatsoever.

   The sales or supply contract for the Products is considered concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending an order confirmation to the email address provided by the User or by displaying a confirmation order web page, which will include the order date, the User's details, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the delivery address, the delivery times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion, and the warranty.

   The sales or supply contract for the Products shall not be considered effective between the parties in the absence of what is indicated in the previous point.

   In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking whether they wish to confirm the order or not. It is understood that the contract will be considered perfected with respect to the Products accepted by the Owner.

   The User agrees to verify the accuracy of the data reported in the order confirmation and to immediately communicate any errors to the Owner, and will keep a copy of their order, the related confirmation, and the Conditions.

5. Registration

   To use the features of the Application, Users must register by providing all the required information in the registration form truthfully and completely, and fully accept the privacy policy. https://www.iubenda.com/privacy-policy/31812825) and the Conditions.

   The User is responsible for keeping their access credentials secure, which must be used exclusively by the User and may not be transferred to third parties. The User agrees to keep them confidential and to ensure that no third party has access to them, and to immediately inform the Owner in the event that they suspect or become aware of improper use or unauthorized disclosure of the credentials.

   The User guarantees that the personal information provided during the registration process is complete and truthful, and agrees to keep the Holder indemnified and held harmless from any damage, liability for compensation, and/or sanction arising from and/or in any way related to the User's violation of the rules regarding registration to the Application or the maintenance of registration credentials.

6. Account cancellation and closure.

   The registered User can stop using the Application at any time and deactivate their account or request its deletion through the Application interface, if possible, or by sending a written communication to the email address. info@gardavino.it or by calling customer service at the number +39 0365 503314.

   In the event of a violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without notice.

7. Prices and payments

   For each Product, the price including VAT, if applicable, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are provided.

   Additionally, all applicable taxes, additional charges, and delivery fees that may vary depending on the destination, the chosen delivery method, and/or the payment method used will be indicated. If such costs cannot reasonably be calculated in advance, there will be an indication of which charges will be billed to the User.

   The Owner reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes will not affect contracts already concluded before the change.

   The User agrees to pay the price of the Product within the times and methods indicated in the Application and to provide all necessary data that may be requested.

   The Application uses third-party tools for payment processing and does not come into contact with the payment data provided (credit card numbers, cardholder name, password, etc.).

   If such third-party tools deny authorization for the payment, the Owner will not be able to provide the Products and cannot be held responsible in any way.

8. Billing

   The User who wishes to receive the invoice will be asked for billing information. For the issuance of the invoice, the information provided by the User will be considered valid, and the User declares and guarantees that it is true, granting the Holder a full release in this regard.

9. Delivery methods for physical products

   The physical products and/or digital goods provided on a tangible medium will be delivered to the address indicated by the User, using the methods and within the timeframe chosen or indicated in the Application and stated in the order confirmation. Unless specified otherwise, the delivery terms specified in the order confirmation indicate the usual period of time required to deliver the Product from the moment the courier takes charge of it.

   In the event that it is not possible to provide the requested Products, the User will be promptly notified via email, indicating when delivery is expected or the reasons that make the supply impossible.

   If the User does not wish to accept the new deadline or if the delivery has become impossible, they may request a refund of the amount paid, which will be credited promptly using the same payment methods used by the User for the purchase, no later than 14 days from the date on which the Owner became aware of the refund request.

   Upon receipt of the Product, the User is required to verify its conformity with the order placed as well as the integrity of the packaging. In the event of evident damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no cost to themselves. Once the delivery document is signed, the User cannot raise any objections regarding the external characteristics of the delivered Products.

   The Owner shall not be liable to any party or third parties for damages, losses, and costs incurred due to the non-performance of the contract due to force majeure.

10. Exclusion of the right of withdrawal for Non-Consumer Users

    The Non-Consumer User is not granted the right of withdrawal from the sales or supply contract of the Products. The User expressly acknowledges that indicating a VAT number in the order automatically qualifies them as a Non-Consumer User, for whom the right of withdrawal is not provided.

11. Exclusion of the Consumer User's right of withdrawal

    The right of withdrawal from the sales or supply contract of the Products by the Consumer User is excluded with regard to:

    • to the supply of Products that are at risk of deteriorating or expiring quickly. This category includes all food Products (including beverages) that may be sold, as the characteristics and qualities of such Products are subject to alteration even as a result of improper storage.
    • for the supply of sealed Products that are not suitable for return for hygiene reasons or related to health protection and have been opened after delivery.

    For further clarification, please contact the Owner at the email address. info@gardavino.it or by calling customer service at the number +39 0365 503314.

12. Warranty of Material Products for Non-Consumer Users

    In relation to material Products, warranties for defects of the sold item, the warranty for defects in promised and essential quality, and other warranties provided by the civil code with the related terms, expirations, and limitations (arts. 1490 and following) will be applied to non-Consumer Users. c.c.).

13. Warranty of conformity of material Products for Consumers Users

    The legal warranty of conformity, provided for by Articles 128-135 of the Consumer Code, is recognized for all Products sold through the Application that fall within the category of "consumer goods," as regulated by Article 128, paragraph 2 of the Consumer Code: any movable goods, even if to be assembled, except i) goods subject to forced sale or otherwise sold by judicial authorities, including through delegation to notaries, ii) water and gas when not packaged for sale in a limited volume or in a determined quantity, iii) electricity.

    The legal warranty of conformity is reserved for Consumers only.

    The Owner is obliged to deliver to the Consumer User Products that conform to the sales contract. Products are presumed to be in conformity with the contract if, where applicable, the following circumstances coexist:

    1. they are suitable for the use for which goods of the same type are usually intended
    2. They conform to the description made by the Owner and possess the qualities of the goods that the seller presented to the Consumer User as a sample or model.
    3. they present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, if applicable, the public statements regarding the specific characteristics of the Products made by the Owner, the manufacturer or their agent or representative, particularly in advertising or on labeling.
    4. They are also suitable for the specific use desired by the Consumer User and that has been made known to the Owner at the time of the conclusion of the contract, and that the Owner has accepted also through conclusive facts.

    Therefore, any faults or malfunctions caused by accidental events or by the responsibility of the Consumer User, or by use of the Product that does not comply with its intended use and/or with what is specified in the attached technical documentation are excluded from the scope of the conformity guarantee.

    The conformity defect that occurs within 24 months from the date of delivery of the Product must be reported within 2 months following the date of discovery of the defect.

    Unless proven otherwise, it is presumed that any conformity defects that occur within 6 months from the delivery of the Product existed at that date, unless this assumption is incompatible with the nature of the Product or the nature of the conformity defect. After 6 months, it will be the Consumer User's responsibility to provide evidence that the damage was not caused by improper or incorrect use of the Product.

    According to Article 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, at no cost. For this purpose, the Consumer User may choose between the repair of the Product or its replacement.

    Such right of choice cannot be exercised if the requested remedy is objectively impossible or excessively burdensome. Furthermore, the Consumer User has the right to an appropriate reduction in price or to the termination of the contract only if one of the following situations occurs: i) repair and replacement are impossible or excessively burdensome; ii) the Holder has not carried out the repair or replacement within a reasonable time; iii) the replacement or repair has caused significant inconvenience to the Consumer User.

    If the Consumer User intends to take advantage of the remedies provided by the conformity warranty, they must send a written communication to the email address. info@gardavino.it or by calling customer service at the number +39 0365 503314.

    The Holder will promptly respond to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the category of goods to which the Product belongs and/or the reported defect.

14. Industrial and Intellectual Property Rights

    The Owner declares to be the owner and/or licensee of all intellectual property rights related to and/or pertaining to the Application and/or the Content available on the Application. Therefore, all trademarks, figurative or nominative, and all other signs, trade names, service marks, denominative trademarks, business names, illustrations, images, logos, and content related to the Application are and remain the property of the Owner or its licensees and are protected by current trademark laws and relevant international treaties.

    The Terms do not grant the User any license to use the Application and/or individual content and/or materials available therein, unless otherwise provided.

    Any reproductions in any form of the explanatory texts and the Content of the Application, if not authorized, will be considered violations of the intellectual and industrial property rights of the Owner.

15. Exclusion of warranty

    The Application is provided "as is" and "as available" and the Owner makes no explicit or implied warranties regarding the Application, nor does it provide any guarantees that the Application will meet the Users' needs or that it will never experience interruptions or be free of errors or that it will be free of viruses or bugs.

    The Owner will make efforts to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be temporarily suspended without notice in the event of system failure, maintenance, repairs, or for reasons entirely beyond the Owner's control or due to force majeure events.

16. Limitation of Liability

    The Owner shall not be held responsible towards the User, except in cases of willful misconduct or gross negligence, for any disruptions or malfunctions related to the use of the internet network beyond their own control or that of their suppliers.

    The Owner shall also not be liable for damages, losses, and costs incurred by the User due to the non-execution of the contract for reasons not attributable to him, with the User being entitled only to a possible full refund of the price paid and any additional charges incurred.

    The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not come into contact with the payment data used (credit card numbers, cardholder name, password, etc.).

    The Owner shall not be liable for:

    • any potential loss of business opportunities and any other loss, even indirect, that the User may suffer which is not a direct consequence of the breach of contract by the Holder
    • incorrect or improper use of the Application by Users or third parties
    • the issuance of incorrect documents or tax data due to errors related to the data provided by the User, who is solely responsible for the correct input.

    In no case shall the Holder be held liable for an amount greater than double the cost paid by the User.

17. Force majeure

    The Owner cannot be held responsible for the failure or delay in fulfilling their obligations due to circumstances beyond the reasonable control of the Owner caused by force majeure events or, in any case, unforeseen and unpredictable events that are independent of their will.

    The fulfillment of obligations by the Holder shall be considered suspended for the period during which force majeure events occur.

    The Owner will take any actions within their power to identify solutions that allow for the proper fulfillment of their obligations despite the persistence of force majeure events.

18. Link to third-party sites

    The Application may contain links to third-party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the content of these sites/applications.

    Some of these links may redirect to third-party websites/applications that provide services through the Application. In these cases, the general terms for using the website/application and for accessing the service set by the third parties will apply, for which the Owner assumes no responsibility.

19. Privacy

    The protection and handling of personal data will be carried out in accordance with the Privacy Policy, which can be consulted on the page https://www.iubenda.com/privacy-policy/31812825

20. Applicable law and competent jurisdiction

    The Conditions are subject to Italian law.

    For Consumer Users, any dispute regarding the application, execution, and interpretation of these Terms will be submitted to the court of the place where the Consumer User resides or has elected domicile, if located within the territory of the Italian State, without prejudice to the right of the Consumer User to appeal to a judge other than that of the "consumer's court" pursuant to Article 66 bis of the Consumer Code, which is competent based on one of the criteria set out in Articles 18, 19, and 20 of the civil procedural code.

    The application to Consumer Users who do not have their habitual residence in Italy is without prejudice to any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence, in particular regarding the term for exercising the right of withdrawal, the term for returning Products, in case of exercising such right, the methods and formalities for communicating the same, and the legal guarantee of conformity.

    For non-consumer Users, any dispute related to the application, execution, and interpretation of these Terms will be submitted to the jurisdiction of the court in the location where the Owner is based.

21. Online dispute resolution for Consumer Users

    The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any disputes related to and/or arising from contracts for the sale of goods and the supply of services concluded online in a non-judicial manner. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date 18/11/2020