OVERVIEW
Welcome to Vinuci! The terms “we”, “us” and “our” refer to Vinuci. Vinuci operates this store and this website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the “Services”). Vinuci is built on Shopify, which enables us to provide the Services to you.
The terms and conditions set out below, together with the policies referred to herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when you use the Services. Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover topics such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to these Terms and Conditions and to our Privacy Policy. If you do not agree to these Terms and Conditions or to the Privacy Policy, you may not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region in which you reside and that you have given us your consent to allow your minor dependants to use the Services on devices that you own, have purchased or manage. In order to use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and delivery information. You warrant and represent that all information you provide in our stores is accurate, current and complete, and that you are fully authorised to provide it. You alone are responsible for the security of your account login details and for all activity on your account. You may not transfer, sell, assign or license your account to another person.
SECTION 2 – OUR PRODUCTS
We have made every effort to represent our products and services in our online stores as accurately as possible. Please note, however, that colours or the appearance of products may differ from the colours shown on your screen, depending on the device you use to access the store and on its settings and configuration. We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online stores. All product descriptions may be changed at any time and without notice at our sole discretion. We reserve the right to withdraw products at any time and to limit, on a case-by-case basis, the quantities of the products we offer to any person, in any geographical region or within any jurisdiction.
SECTION 3 – ORDERS
By placing your order you make an offer to purchase. Vinuci reserves the right to accept or reject your order at its own discretion and for any reason. Your order is deemed accepted only once confirmed by Vinuci. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting it, as Vinuci may no longer be able to act on cancellation requests once an order has been accepted. Should we not accept, change or cancel an order, we will attempt to inform you using the email address, billing address and/or telephone number provided with the order. Returns or exchanges of your purchases are made exclusively in accordance with our right of withdrawal. You warrant and represent that your purchases are intended for your personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts and special offers may be changed without prior notice. The price charged for a product or service is the price in effect at the time of the order and is stated in the order confirmation you receive by email. Unless expressly stated otherwise, the prices shown do not include taxes, shipping, handling, customs or import charges. The prices shown in our online stores may differ from prices in physical shops or in online stores or other stores operated by third parties. From time to time we may offer promotions for the Services that affect pricing and that are subject to terms other than these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you where necessary. You warrant and represent that (i) the credit card information you provide is truthful, accurate and complete, (ii) you are authorised to use that credit card for the purchase, (iii) the charges you incur will be honoured by your credit card company and (iv) you will pay the charges you incur at the prices stated, including shipping and handling fees and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance or events beyond our control. Once we have handed the products to the carrier, title and the risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand marks, texts, representations, images, graphics, product reviews, video and audio files and their design, selection and arrangement, are the property of Vinuci, its affiliates or its licensors and are protected by Italian, European and international patent, copyright and other intellectual property laws. These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit the material in the Services.
Except as expressly provided herein, nothing in these Terms and Conditions grants you a licence or other rights in any patents, trademarks, copyrights or other intellectual property of Vinuci, Shopify or third parties, nor may any such grant be inferred from these provisions. Unauthorised use of the Services may constitute an infringement of intellectual property laws. All rights not expressly granted herein are reserved to Vinuci. The names, logos, product and service names, designs and slogans of Vinuci are trademarks of Vinuci or its affiliates or licensors. You may not use these trademarks without the prior written permission of Vinuci. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be given access to customer tools offered by third-party providers as part of the Services, which we can neither monitor nor control nor influence. You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We disclaim any liability arising out of or in connection with the use of optional third-party tools. Use of the optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarising yourself with, and accepting, the terms under which the tools are provided by the relevant third-party providers. We may also offer new features through the Services in future (including the release of new tools and resources). Such new features are likewise deemed part of the Services and are subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you access at your own discretion. If you choose to leave the Services in order to access such third-party materials or websites, you do so at your own risk. We are not liable for damage or loss arising from your access to third-party websites or from the purchase or use of products, services, resources or content on third-party websites. You should carefully review the third party's policies and procedures and satisfy yourself that you understand them before entering into a transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Vinuci is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are concluded directly with Vinuci. By using the Services you acknowledge and agree that Shopify is not responsible for any aspect of the dealings between you and Vinuci, including injury, damage or loss caused by products and services purchased. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages and obligations arising out of or in connection with your purchases and transactions with Vinuci.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here. In addition, certain personal data may be subject to Shopify's privacy policy. By using the Services you confirm that you have read these privacy policies. As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is shared with Shopify and with third-party providers who may be located in countries other than the country in which you reside, in order to provide the Services to you. Our Privacy Policy contains further information about how we, Shopify and our partners use your personal data.
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. For example, we may exercise our rights under this licence in order to operate, provide, evaluate, expand, improve and promote the Services and to fulfil our obligations and exercise our rights under the Terms and Conditions.
You further warrant and represent that: (i) you own all Feedback content or hold all necessary rights in it; (ii) you have disclosed any compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obliged to (1) treat your Feedback as confidential, (2) pay any compensation for your Feedback or (3) respond to your Feedback. We reserve the right, but are not obliged, to monitor, edit or remove Feedback that we consider, at our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property or these Terms and Conditions.
You warrant that your Feedback does not infringe the rights of third parties, including copyright, trademark rights, privacy rights, personality rights or other personal or proprietary rights. You further warrant that your Feedback contains no defamatory or otherwise unlawful, abusive or obscene statements and is free of computer viruses or other malware that could in any way impair the operation of the Services or of any related website. You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or by any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally information on or in the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Where information is inaccurate, we reserve the right to correct errors, inaccuracies or omissions, to change or update information or to cancel orders, at any time and without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use material that does not comply with these Terms and Conditions; (g) to transmit or procure the sending of advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other natural or legal person; or (i) to engage in any other conduct that restricts or inhibits use of the Services or that, in our judgement, may harm Vinuci, Shopify or users of the Services or expose them to liability.
You further undertake not to: (a) upload or transmit viruses or any other type of malicious code that will in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with or circumvent the security features of the Services or of any related website, other websites or the internet. We reserve the right to suspend, disable or close your account at any time and without notice if we determine that you have breached any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or parts thereof) at any time without notice, at our sole discretion. You remain liable for all amounts due up to the date of termination. The following sections survive termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on it is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by any other visitor to the Services or by anyone who may be informed of their contents.
EXCEPT AS EXPRESSLY STATED BY VINUCI, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED FOR YOUR USE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Your mandatory statutory rights as a consumer under applicable law remain unaffected.
SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VINUCI, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. Nothing in these Terms excludes or limits our liability for wilful misconduct or gross negligence, for injury to life, body or health, or any liability that cannot be excluded under mandatory consumer protection law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vinuci, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties and arising from (1) your breach of these Terms and Conditions or the documents they refer to, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim, provided that a failure to notify promptly does not release you from your obligations unless you are materially prejudiced as a result. We may control the defence and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations of you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnifiable claims, including by making relevant documents available.
SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such a determination.
SECTION 19 – WAIVER, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of that right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not transfer, assign or convey this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so is null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements under which we provide Services to you are governed by and construed in accordance with the law of the country in which Vinuci has its principal place of business, and the courts of that country shall have jurisdiction. You and Vinuci consent to the venue and personal jurisdiction of those courts. If you act as a consumer, the mandatory protective provisions of the law of the country of your habitual residence, including the consumer's place of jurisdiction, remain unaffected.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and do not affect these Terms and Conditions.
SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS
You can view the version of the Terms and Conditions in force at any time on this page.
We reserve the right to update, change or replace parts of these Terms and Conditions at our discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes take effect on the date stated in the notice. By continuing to use or access the Services after changes to these Terms and Conditions have been posted, you agree to those changes.
SECTION 24 – CONTACT INFORMATION
For questions about the Terms and Conditions, please contact office@vinuci.com.
Our contact details are set out below:
Vinuci
office@vinuci.com
Portici 204, 39012 Merano BZ, Italia
+39 348 3547905
VAT + EORI: IT03116960216
Terms