Terms of Sale
Users of the Services offered by gemma.wine acknowledge and accept these terms and conditions.
Owner of Gemma.wine and related Services
Damiano Meroi/Erika Grossi
via Barzellini, 10 / via Goito, 2
34071 Cormòns (GO) -IT-/33100 Udine (UD) -IT-
Information about Gemma.wine
Gemma.wine is an online service for the sale and drop shipping of alcoholic beverages.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through Gemma.wine, that they upload and post on or through Gemma.wine, or that they transfer by any other means.
Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Gemma.wine.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on Gemma.wine. The Owner is not responsible for the content provided by third parties or for its availability.
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance.
Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the order summary.
The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User.
The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the delivery costs incurred by the User.
After receiving the Order, the Owner can increase or decrease the price of every product up to 30% and ask a Order Confirmation to the User justifying the difference, the User can proceed and confirm or cancel the order within 5 business days.
Availability of products
Prices, descriptions, or availability of the products displayed are subject to change without notice. The photos sent to the clients are for representation purposes only and do not constitute a guarantee of the quality of the products.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
The Order is completed in accordance with the details specified on the order summary page and within the Order Confirmation email, subject to availability of the product ordered.
The Owner shall not be liable for damages suffered as a result of delays in delivery which are not dependent on circumstances foreseen by the parties at the time of the order confirmation.
Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must verify the contents specifying any anomalies in the delivery form.
In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost.
The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.
Methods of payment
Gemma.wine uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
When paying via a PayPal/Stripe account, during the purchase, Gemma.wine will store an identification code assigned to the customer’s PayPal/Stripe account, therefore authorizing Gemma.wine to an exclusive use linked to future purchases.
This means that the repeated insertion of their PayPal access information will no longer be required. This authorization can be revoked at any time upon written request to the Owner using the contact information in this document.
Right of cancellation
In case of purchase of products or services via Gemma.wine the User has the right to terminate the contract without specifying the reason, within 14 days.
The cancellation period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the products.
To exercise the right of cancellation, the User is obliged to inform the Owner of their decision to cancel by sending an unequivocal statement to the listed contacts.
Effects of cancellation
Users who correctly cancel a contract will be reimbursed by the Owner for all payments made to the Owner, excluding those covering the cost of delivery without undue delay and in any event not later than 30 days from the day on which the Owner is informed of the User’s decision to cancel the contract subject as provided below.
Such reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement. The reimbursement may be withheld until the receipt of the goods.
The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 7 days from the day on which they have communicated the cancellation from the contract. The deadline is met if the User sends back the goods before the period of 14 days has expired.
The costs of returning the goods is to be borne by the User but will be reimbursed as above.
The User is solely liable for any diminished 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.
Limitations on the right of cancellation concerning products
Damaged goods, or goods used in any way other than what is strictly necessary to establish their nature, characteristics and functioning, will not be replaced or refunded. The User shall place a copy of the delivery receipt in the package when returning the goods.
The right of cancellation does not apply to: goods that were made to the consumer’s specifications or clearly personalized or which, by their nature, are liable to deteriorate rapidly, are sealed and do not lend themselves to be returned for hygienic reasons or are related to health protection and were unsealed after delivery.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Gemma.wine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Gemma.wine and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
You agree to indemnify, defend and hold harmless Gemma.wine and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The Service shall be used only in accordance with these Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on Gemma.wine or any portion of it;
- circumvent any technology used by Gemma.wine or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Gemma.wine;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Gemma.wine or its content;
- rent, lease or sublicense Gemma.wine;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- use Gemma.wine in any other improper way that violates these Terms.
Intellectual property rights
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Gemma.wine are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Users declare to be adult according to their applicable legislation.
Users who make a purchase through Gemma.wine, moreover, declare the person who will receive the delivery of the purchased products to be also adult according to the applicable legislation.
Changes to these Terms
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Gemma.wine must be sent using the contacts stated in this document.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Online dispute resolution for consumers
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts.
As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner’s information in this document.