Terms of service

Conditions of Sale

 

Art. 1 - PREAMBLE AND OBLIGATIONS OF THE PARTIES

1.1. These general terms and conditions, available to the purchaser for reproduction and storage in accordance with Art. 12, co. 3, Legislative Decree 70/2003, relate to the purchase of products, made at a distance by means of telematic network through the website https://wwddesign. it belonging to the company Premek Fin srl, enrolled at the Chamber of Commerce of Pordenone under no. PN 43953 of the Register of Companies, with registered office in Via Jacopo Linussio, 3-5, 33170 Pordenone (hereinafter also "Supplier"), VAT no. 01114050931, Tel. +39 0434 517504, e-mail: info@winewebdesign.it.

1.2. The purchaser expressly declares to make the purchase for purposes unrelated to the commercial or professional activity carried out and undertakes not to trade in the purchased goods.

1.3. By "online sales contract" we mean the sales contract, i.e. the legal transaction concerning movable goods, stipulated between the company Premek Hi Tech srl and the buyer within a distance selling system organised by Premek Hi Tech srl which, for this contract, uses the distance communication technology called internet.

1.4. The term "Purchaser" means the consumer natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity.

1.5. The expression "Supplier" shall mean the person who performs the sale of the goods covered by this contract. 1.6. Website (or simply "Site") means https://wwddesign.it.

 

Art. 2 - ACCEPTANCE OF TERMS OF SALE

2.1. These general terms and conditions are valid from the date of publication on the Site and may be updated, supplemented or modified, obviously having effect for the future, at any time by Premek Fin srl, which will communicate them through the pages of the Site. The conditions set out in the introduction are an integral and essential part of this contract.

2.2. These general conditions of sale must be examined "on line", before the completion of the purchase procedure. Submission of the order confirmation, therefore, implies full knowledge of them and their full acceptance. The Purchaser is invited to carefully read the contents herein and to print and/or save them on another durable support accessible to him, also for the purposes of Articles 52 and 53 of Legislative Decree 206/2005 (Consumer Code).

2.3. The Purchaser, by sending electronic confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his dealings with Premek Fin srl, the general conditions and payment conditions set out below, declaring that he has read and accepts all the information provided to him in accordance with the rules mentioned above, also noting that Premek Fin srl does not consider itself bound to different conditions unless previously agreed in writing.

2.4. Sales transactions are regulated for the consumer by the provisions of Legislative Decree no. 206/2005 (Consumer Code).

2.5. The present general sales conditions do not regulate the sale of products made by third parties using direct links to the https://wwddesign.it website through banners or other hypertext/links. The company Premek Fin srl shall under no circumstances be held responsible for the provision of services promised by third parties or for the execution of e-commerce transactions between its customers and third parties.

2.6. The language available to conclude the contract with the Supplier is Italian.

 

Art. 3 - CONCLUSION OF THE CONTRACT AND TERMS OF PURCHASING

3.1. The purchase contract is concluded through the order placed by the Buyer with the exact compilation and consent to the purchase manifested through the adhesion given "on line", following the instructions on the screen and, finally, by selecting and, therefore, accepting the boxes marked "ACCEPTANCE OF TERMS OF SALE" and "PRIVACY POLICY". Premek Fin srl will send, after receipt of the order by the Buyer, an e-mail confirming receipt of the order to the address provided by the customer. The customer is invited to print said e-mail and keep it.

3.2. Each order sent constitutes an offer for the purchase of Premek Fin srl products on the Site. The contract shall be considered finalised and effective between the parties only upon execution of the order and the issuance of the relevant invoice or sales note, the Supplier having the possibility, until such time, to refuse the order.

3.3. In the event that it is impossible, even temporarily, to process the order in part or in full, Premek Fin srl will send an e-mail to make arrangements with the customer, without prejudice to the latter's right to request cancellation, even partial, of the order and the refund of the corresponding amount that may have already been paid. In any case, since orders are subject to availability and acceptance by the Supplier, the latter may at any time and at its sole discretion refuse to accept the Purchaser's order if, by way of example and not limited to: the customer provides incomplete or inaccurate data that make it impossible to process the order or otherwise prevent the issuance of the invoice and / or delivery of goods, with the specification that Premek Fin srl does not deliver to PO boxes; the products ordered are no longer available on the Site (see art. 5); an error has occurred on the Site relating to the products ordered concerning, for example, the price or the description of the products as shown on the site; the amount of the order is too high, and this on the basis of a concrete assessment that will be carried out on a case by case basis and at the sole discretion of the Supplier. In such cases, the Purchaser shall be entitled to a full refund of any price paid and no further compensation.

3.4. The characteristics of the products are indicated in the on-line catalogue and are visible when choosing and filling in the order prior to the conclusion of the forwarding procedure. The prices (including VAT and any other taxes and duties) are indicated next to each product in the online catalogue. The total cost of the transaction will in any case be made known to the customer before the purchase is confirmed.

3.5. The price that will be charged is the one indicated next to the product at the time the order is concluded in addition to the contribution of shipping costs and any additional services chosen by the customer, without taking into account any subsequent updates. Premek Fin srl reserves the right to change without notice the prices of products and the contribution for shipping costs. Any new amounts will be effective from the moment they are published on the Site and will be applied to sales made from that moment.

3.6. All customers may pay for the goods ordered using the payment methods indicated on the Site.

 

Art. 4 - DELIVERY METHODS

4.1. Premek Fin srl will deliver to customers, at the address indicated by them, the products selected and ordered, in the manner provided for in the preceding article, by courier.

4.2. When placing an order, the customer may still indicate a delivery address that is different from the billing address.

4.3. The purchased goods shall be delivered within a maximum of 30 (thirty) working days. The term may be subject to variations depending on the type of product and availability in the warehouse. No liability can be attributed to the Supplier for late or non-delivery due to force majeure or fortuitous events. The calculation of delivery times does not include Saturdays, Sundays, holidays and other special cases such as the absence of the addressee, place of delivery difficult to reach and other problems attributable directly to the courier and not dependent on Premek Fin srl.

4.4. The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after such verification, and without prejudice of course to the right of withdrawal provided for in Art. 9, the customer must sign the delivery documents.

4.5. Premek Fin srl is not responsible for damages or delays in delivery caused by the carrier to the purchased products, being totally extraneous to the relationship between the same carrier and the customer.

4.6. Once the purchase has been made, an invoice will be automatically issued, in electronic format or, alternatively/on express request, in paper form. The latter shall be inserted inside the package.

4.7. Orders are processed from Monday to Friday after receipt of payment.

4.8. Delivery is scheduled for the territory of the Italian Republic.

4.9. For delivery of the goods, the presence of the customer or a person appointed by the customer at the recipient's address indicated in the order is required. Upon delivery of the goods by the courier, the customer is required to check that the number of packages delivered corresponds to the number indicated in the transport document and that the packaging is intact, undamaged, not wet or, in any case, altered, including the sealing materials. Any damage to the package and/or to the purchased products or the mismatch in the number of packages must be immediately contested by means of a written control reservation on the courier's proof of delivery.

4.10. In cases of return of the package at the headquarters of Premek Fin srl and storage at the courier, the customer will be charged for the costs of storage, which will be eventually borne by Premek Fin srl against the courier. If the customer is not available at the time of delivery, he may contact the courier's office in his area and agree on a later delivery or collection at the courier's premises.

4.11. Premek Fin srl is not financially responsible for packages left in storage at the courier's premises. The customer who has not been able to agree with the courier's premises on a second delivery, or collection at the courier's premises, shall be responsible for the successful completion of the shipment itself.

4.12. In the event that the courier delivers the package to the Supplier's premises due to non-collection by the customer, Premek Fin srl will contact the customer for possible redelivery, asking for reimbursement of any storage costs as well as any shipping costs incurred (redelivery to Premek Hi Tech srl) and for those to be incurred (redelivery to the customer). In the event that the customer does not intend to pay the costs incurred by Premek Hi Tech srl or does not contact Premek Fin srl to agree, or following an e-mail from Premek Fin srl with a request for reimbursement for the costs incurred does not respond within a reasonable period of time of 7 (seven) days, Premek Fin srl will retain the goods not collected for non-compliance by the customer.

4.13. The Supplier reserves the right to refuse orders from a customer with whom there is an ongoing legal dispute regarding a previous order. This applies equally to all cases in which Premek Fin srl considers the customer to be unsuitable, including, but not limited to, the case of previous violations of the terms and conditions of the contract for "on line" purchases on https://wwddesign.it or for any other legitimate reason, especially if the customer has been involved in fraudulent activities of any kind.

 

Art. 5 - AVAILABILITY OF PRODUCTS

5.1. The Customer may purchase products under the conditions indicated in the electronic catalogue prepared by Premek Fin srl and in the quantities in stock. To this end, the Supplier will indicate in real time, in its electronic catalogue, the number of products available and those not available, as well as the shipping times.

5.2. Premek Fin srl does not guarantee the continuous availability of products at the conditions offered, being committed, in case of unavailability and payment of the goods, to promptly inform the customer and refund the price without additional charges, within a maximum of 14 calendar days. In any case it will be Premek Fin srl's responsibility to immediately contact the customer to propose a replacement product of equal value or to deduct the amount from the total order in case of purchase of several products.

5.3. In the case of partial unavailability of goods, the customer will be promptly informed by e-mail of the temporary unavailability and will be able to decide whether: a) to accept the delivery of the available products only and the sending, at a later time, of the article that is temporarily unavailable; b) to receive the ordered articles in a single shipment when the order is complete; c) to cancel the temporarily unavailable article from the order (Premek Fin srl undertakes not to charge the customer the corresponding price).

5.4. Products on promotion/offering can be ordered subject to actual stock availability.

5.5. In any case, Premek Fin srl will have the right to confirm and / or change the price indicated and in this case the customer may withdraw before delivery if the final price is excessively high compared to that originally agreed upon, resulting in the consequent obligation of the seller to return any price already paid by the customer

 

Article 6 - RESPONSIBILITY

6.1. Premek Fin srl does not assume any liability for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods, popular uprisings and other similar events that prevent, in whole or in part, to implement the contract within the agreed time. Furthermore, Premek Fin srl shall not be liable, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside of its own control or that of its possible sub-suppliers.

6.2. Premek Fin srl will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, the consumer being entitled only to a refund of the price paid.

6.3. Premek Fin srl is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, when paying for products purchased. Premek Fin srl, in fact, at no time during the purchase process is able to know the Purchaser's credit card number which, by opening a secure connection, is transmitted directly to the manager of the banking service.

 

Art. 7 - GUARANTEES AND METHODS OF ASSISTANCE

7.1. The Supplier shall be liable for any ascertained defect or lack of conformity of the product and attributable to him provided that such defect or lack has been reported by registered letter with advice of receipt to the address Premek Fin srl via Jacopo Linussio 3-5, 33170 Pordenone (PN), or sent by fax to n. +39 0434 248216, or sent by e-mail to info@winewebdesign.it within two months from the date of discovery of the defect. The complaint need not be made if the Supplier has acknowledged the existence of the defect or concealed it.

7.2 With regard to the conformity guarantees of the purchased products, the legal guarantees provided by law shall also apply to the sale of the products governed by these general terms and conditions. In the event of non-conformity of the products delivered, Articles 129, 130, 131 and 132 of Legislative Decree No. 206/2005 (Consumer Code) shall apply.

 

Art. 8 - OBLIGATIONS OF THE CUSTOMER

8.1. The customer agrees and undertakes, once the "online" purchase procedure has been completed, to print and keep these general terms and conditions, which, moreover, he or she will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully comply with the conditions set forth in Legislative Decree no. 206/2005 (Consumer Code) and Legislative Decree 70/2003 .

8.2. The present general conditions may be updated or modified at any time by Premek Fin srl, which will communicate this through the Site. The Buyer commits and obliges, whenever a modification of the present general conditions occurs, to print and preserve them.

It is strictly forbidden for the Purchaser to enter false and/or invented and/or fictitious data in the registration procedure required to activate the process for the execution of this contract and the relative further communications; the personal data and e-mail address must be exclusively the Purchaser's own real personal data and not that of third parties, or fictitious.

8.4. It is expressly forbidden to make double registrations corresponding to one person or to insert data of third persons. Premek Fin srl reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.

8.5. The customer indemnifies Premek Fin srl from any liability arising from the issuance of erroneous tax documents due to errors in the data provided by the customer, the customer being solely responsible for the correct entry.

 

Article 9 - RIGHT OF WITHDRAWAL

9.1. Pursuant to Articles 52 et seq. of Legislative Decree No. 206/2005, the Purchaser may exercise the right of withdrawal by returning the goods received in their original packaging and obtaining a refund of the price paid.

9.2. The Purchaser who, for whatever reason, is not satisfied with the purchase made, has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within 14 calendar days from the day of receipt of the goods purchased. The right of withdrawal must be exercised in accordance with the mandatory conditions established by Premek Fin srl.

9.3. All costs for the return of products are the responsibility of the customer who, directly or by another means, will deliver them to the Supplier's domicile in Via Jacopo Linussio 3-5, 33170 Pordenone (PN), all items must be received in the same condition as received, with the original packaging and any manuals and / or instruction manuals that are part of the package and the original packaging; it is not allowed to return the goods by another means. In any case, the Buyer shall only be liable for any diminution in the value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

9.4. To exercise the right of withdrawal, the Purchaser shall, within the term referred to in 9.2 (14 calendar days from the day of receipt of the purchased goods), send a registered letter with return receipt to the following address Premek Fin srl, via Jacopo Linussio 3-5, 33170 Pordenone (PN). The registered letter shall be deemed to have been sent in good time if it is delivered to the accepting post office within 14 calendar days of delivery of the goods. The notice may also be sent by e-mail to info@winewebdesign.it, to be followed within 48 hours by the above-mentioned registered letter with return receipt confirming the manifest withdrawal.

9.5. Premek Fin srl will accept the returned goods, reserving the right to ascertain that the products have been returned in their original condition and with their original packaging; only in this case will Premek Fin srl credit back the amount paid by the Buyer for the purchase of the products or the different amount in the event of a decrease in the value of the goods as referred to in Art. 9.3.

Art. 10 - AUTHORISATIONS

10.1. By filling in the appropriate space, accessible from the Site, to complete the purchase procedure, the customer authorizes the Supplier to debit his current account in favour of Premek Fin srl the total amount shown as the cost of the purchase made "on line". The entire procedure is done through a secure connection directly connected to the bank owner and operator of the payment service "on line", which Premek Fin srl cannot access.

10.2. Should the Buyer avail himself of the right of withdrawal, as articulated in art. 9 of these general conditions, or in any case in which the payment does not result in the completion of the sale, the amount to be refunded will be credited to the same credit card or other means of payment used by the customer and expressly indicated by him.

 

Art. 11 - CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE

11.1. Premek Fin srl has the right to terminate the contract by giving simple notice to the customer stating the reason; in this case the customer will be entitled only to the refund of any amount already paid.

11.2. The obligations assumed by the customer referred to in Article 8 (Obligations of the customer), as well as the guarantee of successful payment, are essential, so that by express agreement, the failure by the customer of only one of these obligations will result in the termination of the contract pursuant to Article 1456 of the Civil Code, without the need for judicial decision, without prejudice to the right of Premek Fin srl to take legal action for compensation for further damage.

Art. 12 - JURISDICTION AND COURT OF JURISDICTION

12.1. Any dispute relating to the application, execution, interpretation and breach of purchase contracts concluded "on line" through the site www.wine-commerce.it is subject to Italian jurisdiction; these general conditions refer, for anything not provided for, to the provisions of Legislative Decree no. 206/2005.

12.2. Without prejudice to the right referred to in Art. 13, any dispute between the parties regarding this contract shall be settled by the Court in whose district the Purchaser is domiciled, in accordance with current legislation.

Art. 13 - ONLINE SETTLEMENT OF DISPUTES FOR CONSUMERS

13.1. European Regulation 524/2013, which established an online platform for the independent, impartial, transparent, effective, rapid and fair resolution of online disputes between European consumers and professionals, makes it possible, prior to any other judicial remedy, to have recourse to this alternative dispute resolution body. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).

Art. 14 - TREATMENT OF PERSONAL DATA

The Customer's data shall be processed by Premek Hi Tech srl in accordance with the provisions of the legislation on the protection of personal data, as specified in the information provided in the specific section "Information pursuant to Art. 13 of European Regulation 679/2016".