General Terms & Conditions of Sale
- 1 | Definition and subject matter of the contract
- 2 | Scope of the contract
- 3 | Method of purchase
- 4 | Availability of products
- 5 | Method of delivery
- 6 | Right of withdrawal for the consumer customer under the Consumer Code
- 7 | Intellectual property rights
- 8 | Jurisdiction
- 9 | Other provisions. Limitations of liability
1 | Definition and object of the contracton
Contracts entered into with ROCK’N BALL WINES, LLC through the Site are governed by Italian law and in particular by Legislative Decree 9 April 2003, nr.70 (rules on electronic commerce).
These general conditions of sale apply to distance contracts (hereinafter: “Contract”) having as their object the sale of bottles of wine (hereinafter: “Goods” or “Products”) through techniques of distance communication, such as online sales by means of a website.
The Contract is concluded between ROCK’N BALL WINES, LLC with registered office in Via Edda Fagni 35, Livorno, Italy and the customer/user/consumer (hereinafter: “Customer”).
If the Customer is a consumer, i.e. a natural person acting for purposes unrelated to professional activity, the Contract is also governed by the rules set forth in Legislative Decree No. 206 of September 6, 2005 (hereinafter: “Consumer Code”).
These general terms and conditions of sale (hereinafter: “General Terms and Conditions”) and in particular the information referred to in Article 52 of the Consumer Code will be displayed, in a visible manner, on the Site and will be valid and effective until they are modified and/or supplemented by ROCK’N BALL WINES, LLC.
Any amendments and/or additions to the General Conditions will be effective immediately and will apply to sales made as of that date. In any case, the updated version of the General Conditions will be available on the Site.
2 | Contractual Scope
The purchase of products is only permitted to individuals who:
- (a) have read, and accepted, the information regarding the processing of personal data (hereinafter, for brevity, the “Privacy Policy”)
- (b) have accepted these General Conditions
- (c) are of legal age
- (d) require the delivery of the Products within the boundaries of the Italian territory
3 | Method of Purchase
The Customer may purchase only the products on the Site at the time of placing the order (hereinafter: “Order”) as described in the relevant information sheets. The information accompanying the products reproduce those provided by the manufacturers. ROCK’N BALL WINES, LLC, therefore, reserves the right to change product information to match that provided by the producers, without prior notice.
The images on the Site are provided to the Customer to facilitate the recognition of the products, due to variations in the packaging by the manufacturer, the photos may not accurately reflect the appearance of the product delivered.
The correct receipt of the Order is confirmed by ROCK’N BALL WINES, LLC. by an e-mail reply, sent to the e-mail address provided by the Customer. This confirmation message will contain date and time of receipt of the Order and an “Order Number”, to be used in any further communication with ROCK’N BALL WINES, LLC, as well as a reference to these terms of sale. In case of non-acceptance of the order, ROCK’N BALL WINES, LLC undertakes to promptly notify the Customer.
All prices on the site are intended as prices to the public. ROCK’N BALL WINES, LLC reserves the right to change prices at any time, without notice. Public prices do not include any duties applicable in the country of destination of the products and/or services where this is different from Italy. These costs, which differ from country to country, are the responsibility of the Customer, who is responsible for verifying the amount with the competent customs authorities. Upon written request we will refund the Customer for the costs incurred.
4 | Availability of Products
If after sending the Order for the purchase request made by the Customer, the selected Goods are not, for any reason, available, ROCK’N BALL WINES, LLC undertakes to notify the Customer by email, where it will be indicated the possibility of purchasing other Goods of the same or better quality than those requested by the Customer. In this case, Vino.it undertakes to inform the Customer of the essential characteristics of the Goods offered and any other information.
ROCK’N BALL WINES, LLC undertakes to give immediate notice to the Customer of the exhaustion of the Goods occurred for unforeseeable causes and not attributable to them, inviting the Customer to place another Order. If the Customer does not accept the new proposal ROCK’N BALL WINES, LLC will inform the Customer of the terms and methods of refund of the price paid.
5 | Method of Delivery
Delivery will take place within 15 (fifteen) business days from the day following receipt of the order. Delivery of the Goods is made on business days and, if requested by the Customer, also on Saturdays upon payment of a surcharge.
At the time of delivery, our designee may request the Customer’s identity document in order to ascertain the Customer’s age of majority, as set forth in Section 2(c) above.
6 | Right of withdrawal for the consumer customer under the Consumer Code
The Consumer Customer has the right to withdraw from the Contract, without penalty and without charge, within 14 days of receipt of the Goods by written notice by registered letter A/R.
The Customer who wishes to withdraw from the Contract must return all Goods to the address indicated on the invoice within 14 days of the notice of the exercise of the right of withdrawal. Shipping costs are placed at his expense.
ROCK’N BALL WINES, LLC will proceed, in the shortest time possible and in any case within 14 days from the date on which it became aware of the consumer’s decision to withdraw from the contract, to refund the sums paid by the consumer Customer, including the shipping costs initially paid by the latter as indicated in the order confirmation e-mail.
This article applies only if the Customer is a consumer (natural person acting for purposes unrelated to professional activity).
In case of receipt of damaged products, they shall be returned to Rock’n Ball Wines ITALIA s.r.l. which will provide for their replacement. In the case of exhaustion, the customer will be contacted by ROCK’N BALL WINES, LLC which will undertake to propose new products to the customer and, if these are not accepted, to refund the costs incurred.
7 | Intellectual Property Rights
All rights to the Site and all materials contained therein as well as to trademarks and/or distinctive signs and/or any and all materials or content on which intellectual, industrial or any other property rights exist are exclusively owned by ROCK’N BALL WINES, LLC and/or other parties and/or its licensors. No rights are attributed to the Customer.
8 | Jurisdiction
The Contract is governed by Italian law. Any dispute relating to the application, execution, interpretation and breach of the Contract shall be within the jurisdiction of the Court of Livorno, Italy or, in the case of a consumer customer, of the Customer’s residence if the Customer is a consumer.
9 | Other Provisions. Limitations of liability
ROCK’N BALL WINES, LLC assumes all risks of shipment by courier and is responsible for any damage if it occurs before the signing of the receipt of the goods.
ROCK’N BALL WINES, LLC cannot be held responsible in any way for delays in the delivery of the Goods or non-delivery of the same, if the delay or non-delivery was caused by exceptional and unforeseeable circumstances, such as in vai example civil unrest, intentional damage, fire, flood, storm or supernatural events, interruption of an ISP or telecommunications provider, related to the execution of the Contract.
These General Conditions do not govern the sale of products and/or provision of services by parties other than ROCK’N BALL WINES, LLC that may be present on the Site through links, banners or other hypertext links. Before conducting commercial transactions with such parties, it is necessary for the Registered User to check their terms and conditions of sale. ROCK’N BALL WINES, LLC is not responsible in any way for the provision of services and/or sale of products by such subjects. On the websites that may be consulted through such links ROCK’N BALL WINES, LLC does not carry out any control e\or monitoring. ROCK’N BALL WINES, LLC is therefore not responsible for the content of such sites nor for any errors e\or omissions e\or violations of law by them.
Health Notes
Customers should be aware that alcoholic beverages should be consumed in moderation and should not drink alcohol before driving.
Contact Us
If you have any questions about this General Terms & Conditions of Sale, You can contact us:
- By email: info@rocknballwines.com
