Términos del servicio
Terms of Service of Wineries S.r.l. (“Terms”)
Users of the services offered by the Wineries website (“Wineries” or the “Platform”) declare that they are familiar with and accept these Terms and Conditions (“Terms”).
1. Platform owner
1.1. Wineries S.r.l. – Via di Affogalasino 34, 00148 Rome, Italy. Tax code/VAT number 17398131007. Certified email: wineries@legalmail.it.
2. About Wineries
Wineries is a web platform for food and wine tourism. It aims to make winery experiences more accessible to customers and connect producers directly with wine enthusiasts, giving wineries the opportunity to promote and sell their products, including products connected with events.
The Platform offers free and paid content, which users can purchase directly through an e-commerce service.
3. Services offered by the Platform
Through the Platform, the User can book food and wine tourism experiences in distinctive locations offered by selected industry partners, such as wineries, spas, B&Bs and others (“Partners”).
4. Sign-up, registration and cancellation
Registration is not required to use the services offered.
By registering on the Platform, the User can view a summary of bookings and monitor their status.
When registering and to purchase a service, the User must provide the following information truthfully and completely: first name, surname, a valid and active email address, telephone number and payment details.
By registering or purchasing services, the User declares acceptance of these Terms.
When registering, the User must also provide a password of at least six characters.
The User is responsible for keeping their login credentials secure and confidential. If these details are lost or stolen, or if unauthorised third-party access to the account is suspected, the registered User must promptly notify Wineries and change their credentials as soon as possible.
Wineries cannot under any circumstances be held responsible for the loss, disclosure, theft or unauthorised use by third parties, on any grounds, of the User’s login credentials.
A registered User may request account deletion by contacting Wineries directly.
If these Terms are breached, Wineries reserves the right to suspend or close the User’s account at any time without notice.
5. Formation of the contract
By clicking “Book”, the User submits to Wineries an offer to purchase the selected services.
On receiving the request, Wineries automatically sends an initial message acknowledging receipt of the offer (“Booking Request Acknowledgement”).
This message only confirms that Wineries has received the order and submitted it to checks on the information and the availability of the Services with the Partner offering them.
The purchase is completed only upon receipt of a further email (“Booking Confirmation”) in which Wineries, on the Partner’s behalf, confirms acceptance of the offer and payment.
Once the purchase is completed, the contractual relationship is directly between the User and the Partner, who remains fully responsible for the conformity of the service offered on the Platform.
6. Duration
The duration of the Services is indicated when payment is made and confirmed in the order confirmation email sent by Wineries.
7. Withdrawal
Under the right of withdrawal, the User may request a refund within 14 days of the Booking Request date and no later than two days before the scheduled provision of the Service. The request must be sent to Wineries using the contact details in this document and include the information needed to identify the purchase to which the refund request relates.
After carrying out the appropriate checks, Wineries will issue the refund within 14 days of receiving the request, using the same payment method as the transaction being refunded.
For further information or assistance with a refund request, the User should contact Wineries using the contact details provided.
Once the date of an experience has been changed, that date is considered final and no further change will be permitted.
8. Payment and invoicing
When purchasing a service, the User may use the following payment methods.
Credit/debit card: Wineries will ask the User’s card issuer to authorise use of the card to pay for the service. Wineries will not accept the User’s request until the issuer has authorised the card for the requested service. When authorised, the necessary funds will be reserved on the User’s card until the purchase process is completed or cancelled. Wineries will not charge the card until the purchase process is complete. For further information on authorisations and payments, Users should contact their credit/debit card issuer.
Alternative payment methods: the Platform allows connection to the User’s PayPal, Alipay, WeChat Pay or other account to provide the email address and password needed to confirm payment.
9. Warranty and responsibility
Wineries makes clear that the Partner is the seller of the wine tourism experience and is responsible for providing the service to the User.
Accordingly, Wineries provides no warranty or promise concerning the quality or proper performance of the Services.
10. Suspension and interruption of the service
Wineries reserves the right to add or remove functions or features, or suspend or completely discontinue the Service, temporarily or permanently. In the event of permanent discontinuation, Wineries will take such steps as are possible to allow Users to retrieve information hosted with Wineries.
In the event of deactivation, refunds of payments already made are not permitted, even where they relate to parts of the Service not used by the User.
11. Resale of the Service
Users may not reproduce, duplicate, copy, sell, resell or exploit any part of Wineries or its Services without Wineries’ express permission, granted directly or through a specific resale programme.
12. Indemnity
The User agrees to indemnify Wineries against any obligation or liability, including legal costs incurred in defending proceedings, arising from damage caused to other Users or third parties in connection with content uploaded online or breaches of the law or these Terms of Service.
13. Privacy Policy
For information about the processing of personal data, Users should refer to the Wineries Privacy Policy.
14. Limitation of liability
Except in cases of wilful misconduct or gross negligence, Wineries accepts no liability for direct or indirect damage suffered by the Customer or third parties arising from use or non-use of the Service.
The Parties agree that Wineries’ total liability to the Customer for any and all claims relating to or arising from this Contract, or based on claims for indemnity or contribution, shall not exceed the amount paid by the Customer for the Service.
15. Changes to these Terms
Wineries reserves the right to amend these Terms at any time by notifying the User through publication on the Wineries website.
A User who continues to use Wineries after publication of the changes accepts the new Terms without reservation.
16. Assignment of the contract
Wineries reserves the right to transfer, assign, novate or subcontract all or some rights or obligations under these Terms, provided that the User’s rights set out here are not adversely affected.
The User may not assign or transfer any rights or obligations under these Terms without Wineries’ written permission.
17. Communications
All communications relating to Wineries must be sent using the contact details provided.
18. Applicable law and jurisdiction
These Terms and all disputes concerning the performance, interpretation and validity of this contract are subject to the law and jurisdiction of the State and the exclusive jurisdiction of the courts of Milan, unless the exclusive jurisdiction applicable to consumers applies.
Under Article 14 of Regulation 524/2013, we also inform you that, in the event of a dispute, you may submit a complaint through the European Union ODR platform at http://ec.europa.eu/consumers/odr/. The ODR platform provides an access point for Registered Users seeking out-of-court resolution of disputes arising from online sales or service contracts. For further information, contact info@wineriesexperience.it.
General Terms of Use of the Wineries S.r.l. Platform (“Conditions”)
These General Terms of Use (“Conditions”) establish the conditions under which the Wineries website (“Platform”) may be used by visitors or registered users (“User”). Use of the Platform means accessing, browsing or registering. By accessing or using the Platform in any way, the User agrees to be bound by these Conditions.
1. Platform owner
1.1. Wineries S.r.l. – Via di Affogalasino 34, 00148 Rome, Italy. Tax code/VAT number 17398131007. Certified email: wineries@legalmail.it.
2. Changes to the Conditions
Wineries reserves the right to amend these Conditions at any time, in whole or in part.
The User must periodically check this page to take note of changes, which will be binding on the User.
3. Access to the Platform
The Platform is made available free of charge.
Wineries reserves the right at any time to suspend or interrupt access without notice for maintenance, emergencies or other reasonable grounds.
4. Minimum age
The Platform may only be used by users aged 18 or over who have legal capacity to enter into binding obligations. Purchases made on the Platform for themselves or others on whose behalf they are legally entitled to act must be lawful.
5. Intellectual and industrial property
Wineries owns or licenses all industrial and intellectual property rights in the Platform, its content and the materials published on it, including but not limited to texts, lists, manuals, photographs, illustrations, images, technical drawings, video, audio, advertising copy, trademarks, domain names, databases, designs, projects even where unpatented, software and any other material or content (collectively, the “Material”). These rights are protected by applicable laws and international treaties.
The contractual protection provided by these Conditions also applies: use of the Wineries website constitutes acceptance, and any unlawful use under the “Prohibited uses” section is a breach of the contract between the parties.
The User may print one copy of Platform pages and download extracts for personal use or to share with others within their organisation.
The User may not modify printed or downloaded paper or digital Material. Images, photographs, video or audio sequences and graphics may not be used separately from the accompanying text.
Wineries must always be identified as the author of the Material.
The User may not use the Platform or Material for commercial purposes without Wineries’ prior written consent.
6. Limitation of liability
To the extent permitted by law, Wineries excludes all express or implied warranties concerning the Platform and its use.
Wineries excludes contractual and non-contractual liability to the User for damage or loss arising from or connected with: use of or inability to use the Platform; inability to access it; or use of or reliance on information or materials on the Platform.
7. Rights in User-provided content
Wineries reserves the right to use content provided by Users to create reports, articles or newsletters for those Users or third parties.
8. User-provided content
Users are responsible for their own and third-party content shared on Wineries through uploading, inserting or any other method. Users indemnify Wineries against liability relating to the unlawful distribution of third-party content or unlawful use of Wineries. Wineries does not moderate content published by Users or third parties but undertakes to intervene following User reports or public authority orders concerning content considered offensive or unlawful.
9. Reviews
The Platform intends to offer Users a space to leave a review or comment about an experience. To publish a review, a User must be registered or invited by email from Wineries.
A review must refer exclusively to an experience booked through the Platform.
Reviews and comments must focus on the experience and provide details explaining why it was or was not enjoyed.
Wineries reserves the right not to publish or to remove a review that breaches these guidelines or contains: insults or vulgar language; random characters or meaningless word sequences; infringement of third-party intellectual property rights; advertising, spam or references to other products or services; or personal information or details that may lead to identity theft, such as the full names of non-public figures, telephone numbers, postal addresses or email addresses.
10. Third-party content
Wineries does not pre-moderate third-party content or links displayed on Wineries and is not responsible for that content or its accessibility.
The User is responsible for making checks considered necessary or appropriate before using those sites or carrying out transactions with them.
11. Prohibited uses
The Platform must not be used for illegal, unlawful or fraudulent purposes; to distribute inaccurate or unlawful content, particularly content that invades privacy, is offensive, indecent or threatening, incites hatred or violence, or is used without the relevant intellectual property rights or rights-holder’s permission; to use, monitor, extract or copy the Platform’s structure, content or data or any User’s actions using robots, spiders, scrapers, spyware, keystroke recorders or other automated programmes or devices or manual processes for any purpose; to circumvent measures preventing or restricting access; to take action imposing or potentially imposing an excessive or unreasonable load on the Platform’s infrastructure; to establish an invisible link to the Platform for any reason; or to attempt to modify, translate, adapt, revise, decompile, disassemble or reverse-engineer software used by Wineries.
12. Indemnity
The User agrees to indemnify and hold Wineries harmless against liability, damage and costs, including legal expenses without limitation, incurred because of: a breach by the User of these Conditions or the representations and warranties in them; third-party claims based on the User’s use of the Platform or Material, including use in breach of these Conditions; or information or Material sent, transmitted or uploaded by the User or through the User’s account.
13. Final provisions
If a provision of these Conditions is declared void, unlawful, unenforceable or inapplicable, the validity, legality, enforceability or application of the remaining provisions will not be affected, and they will remain fully effective.
Wineries may draw up a replacement clause restoring the parties’ common intention expressed in the original clause, in accordance with applicable law.
Section headings are for illustration only and are not an integral part of these Conditions.
Unless otherwise provided, Wineries’ failure or delay in exercising a right or remedy does not constitute a waiver or prevent its later exercise.
To the extent permitted by law, these Conditions and the relationship between Wineries and the User are governed by and interpreted under Italian law.
To the extent permitted by law, all claims, disputes or matters arising from or relating to these Conditions will be dealt with by the competent courts of Milan. Under Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution for consumers, the European online dispute resolution platform is referenced at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT.