GENERAL CONDITIONS OF USE OF THE WEBSITE www.offlicense.it
Publishing law (Law 62/2001)
The owner of the domain name www.offlicense.it is the company John Oliver Nolan Offlicense as better identified below. This website does not constitute a newspaper. The website is hosted by Netsons.com servers and does not have a defined periodic update. Access is based on the sole availability of the material. The website is edited by the John Oliver Nolan Offlicense company. Place of publication: Rome.
NOTICE UNDER ART. 1 OF THE LAW DECREE 22 MARCH 2004, N. 72, CONVERTED WITH AMENDMENTS BY LAW 21 MAY 2004, N. 128
The publication of all the works on the site has been authorized by the respective authors in accordance with the law on copyright and related rights (Law 633/1941). The property rights of the author belong to the company John Oliver Nolan Offlicense, unless otherwise indicated. The reproduction and any other form of dissemination to the public of the aforementioned works (even in part), in the absence of the authorization of the rights holders, is punished pursuant to articles 171, 171-bis, 171-ter, 174-bis and 174 – ter of the aforementioned Law 633/1941. The citation of the work for scientific purposes and reproduction, even partial, for educational use is free.
The John Oliver Nolan Reato company, with registered office in Rome, via Veio n. 4, 00183 Rome tel. 06) 77250130, e-mail email@example.com, VAT number 08209141004, registered in the Business Register under no. RM – 1084884, REA registration of 20/12/2004, Chamber of Commerce of Rome through the website www.offlicense.it and any applications for mobile devices (hereinafter, considered as a whole, also “site”; “website” ) carries out remote sales of wine products.
By distance contract, for the purposes of these general conditions, we mean the contract concerning goods or services stipulated in the context of a remote sales or service provision system organized by the supplier who, for this contract, exclusively uses a or more remote communication techniques up to the conclusion of the contract, including the conclusion of the contract itself.
Consumer, for the purposes of these general conditions, is the natural person who acts for purposes unrelated to any business or professional activity carried out. Professional is any other user other than the consumer. The sale to professionals is limited only to those professionals who do not deal with intermediation or sale, direct or indirect, of products or services falling within the same product categories as the products sold by the company John Oliver Nolan Offlicense.
The activity is aimed exclusively at individuals of legal age according to Italian law. By accessing the site, the user declares under his own and exclusive responsibility that he is of age according to Italian law. The user also guarantees that the person he may have appointed to collect the goods will be of age according to Italian law. If the recipient of the goods or his person in charge of collection are unable to prove their age to the courier in charge of delivery, the goods purchased will be retained and the person in charge of delivery will leave a notice of attempted delivery. All costs incurred for delivery will be borne by the buyer.
2. Conditions and procedures for the online sale of wine products
By sending the order, the buyer expressly consents to the seller’s use of e-mail, telephone and fax in connection with the conclusion and execution of the distance contract.
The contract is concluded by accessing the website www.offlicense.it, exclusively through the procedures provided therein.
The website and everything contained therein do not constitute an offer to the public, but constitute a mere invitation to offer. Each order that the user sends to the seller therefore constitutes a revocable contract proposal from that user. For users who are not consumers, sending the order constitutes an irrevocable proposal pursuant to art. 1329 of the Italian Civil Code for a period of thirty days from the date the order is placed.
The seller remains free to accept the user’s contract proposal or not, without the latter being able to claim anything.
In order to place orders, the user must first register on the site following the relevant procedure, choosing a strictly personal “username” and “password”, which will identify him for any future purchase. Registering on the site is free and does not imply any obligation to purchase. To complete the registration, the user is required to activate his “account” by clicking on the link he will receive when registering at the e-mail address indicated in the registration.
Once the account has been activated and the order has been received, the seller sends the buyer-user a confirmation-summary of the order by e-mail, to the address indicated, after verifying the completeness and correctness of the order as well as the availability of the goods. The contract is concluded only when, with the aforementioned e-mail, the seller confirms the completeness and correctness of the order as well as the availability of the goods and at the same time expresses his willingness to accept the contractual proposal formulated by the user. For the above purposes, it is sufficient that the confirmation e-mail reaches the e-mail server used by the buyer.
The seller does not guarantee the continuous availability of the products.
The user is solely responsible for all activities carried out using his account. The user is required to keep his data in the strictest confidence and to keep them with the utmost diligence. The user will therefore be solely responsible for any use made by unauthorized third parties of their identification data and for any damage caused to the seller and / or to third parties. The user undertakes to communicate as soon as possible to the seller via e-mail, with confirmation to be sent by registered letter with acknowledgment of receipt within the following 48 hours, of any unauthorized use of his account as well as any other breach of security that may arise. aware, undertaking in any case as of now to indemnify and hold harmless the seller from any and all requests, including for damages.
The seller reserves the right, without therefore assuming any general obligation of surveillance on what may be autonomously entered on the site by users to, at any time and without notice, reject, refuse to enter the site, not use, remove, block, delete, at its sole discretion, the contents and / or data and / or information deemed unsuitable, without the user being able to claim anything.
These general conditions, as well as the other rules of the site, may be subject to updates, additions and changes at any time. Any new conditions and rules will be brought to the attention of users in the same ways as the current conditions and rules. Registered users will be asked to accept the new conditions and rules according to the procedure that will be indicated. In case of non-acceptance within the established term, the seller will withdraw from the agreement with cancellation of the user’s account.
The general conditions and other rules of the site will remain valid even in the event that the seller changes their domain name and / or their legal status.
The selling company cannot in any case be considered bound to conditions different from the present ones if this is not expressly stated in a specific written document.
3. Prices, delivery costs and payment methods
Unless otherwise indicated, all prices indicated on the site are “VAT included” and expressed in Euro, and do not include delivery costs.
Delivery costs, unless otherwise expressly indicated, are charged to the buyer and their amount is calculated before completing the order.
The seller reserves the right to change prices at any time.
The payment of the purchased products by the buyer is in advance, and takes place according to the methods provided on the site and with the payment methods indicated therein in the appropriate section, to be printed and kept by the user. The shipment of the goods will be made only after verification of payment.
If payment for any reason does not reach the seller, the contract will be automatically terminated by law.
The user will not be able to assert rights or raise objections of any kind if he has not first made the payment due.
4. Methods of delivery of the purchased products
The seller will deliver to the buyer, at the address indicated, the products purchased in the manner provided in the appropriate section of the site, to be printed and kept by the user.
The times required for delivery indicated on the site must be understood as purely indicative.
It is understood that the seller, for all legal purposes, fulfills his delivery obligation when he returns the ordered goods to the carrier for shipment.
No responsibility can be attributed to the seller for any damage, delayed or non-delivery due to force majeure or unforeseeable circumstances or to the fact of the buyer, the carrier and / or third parties. In such cases, the buyer expressly undertakes not to make any restitution and / or compensation claims against the seller.
The buyer is required to verify, upon receipt, the conformity of the products delivered to him with the order placed; only in the event of a positive outcome of the verification, and without prejudice to the right of withdrawal, the buyer must sign the delivery documents. The seller remains totally unrelated to the relationship between buyer and carrier. Once the delivery document has been signed, the buyer will in any case no longer be able to make any objection.
5. Seller’s Limitation of Liability
The seller assumes no responsibility for inefficiencies and / or prejudices attributable to causes not attributable to it and, by way of example, due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events. that prevented, in whole or in part, the execution of the contract within the agreed time frame; to delays due to malfunction, failure or irregular transmission of information or causes beyond its control including, without limitation, system delays or drops in line, interruption in operation or lack of Internet connection or interruption, suspension, malfunction Internet access nodes, interruption, suspension or malfunction of the electronic, postal or electricity supply service; to impediments or obstacles determined by legal provisions or by acts of national or foreign authorities, to measures or acts of a judicial nature or by third parties; to, in general, any impediment or obstacle that cannot be overcome with criteria of ordinary diligence by the owner of the site in relation to the nature of the activity carried out. The seller will not be particularly liable towards any party or third parties for damages, losses and costs incurred as a result of the non-execution of the contract for the above reasons or deriving from the cancellation and / or alteration of the data of registered users. .
The seller is not liable, except in cases of willful misconduct or gross negligence, for direct, indirect or consequential damages that cannot be foreseen at the date of conclusion of the contract, suffered by the user or third parties as a result of the activity carried out and / or damages of any kind or any reason connected with the activity itself, deriving from any breach of the seller’s obligations, even in the event of compensation for damages claimed by third parties for any reason, except in any case as provided for by these general conditions.
The buyer expressly acknowledges that the seller’s liability for any breach, if any, will in any case be limited to, and may in no case exceed, the amounts received by the same and paid by the buyer in relation to the execution of the contract to which responsibility refers. Any greater damage, loss, cost or expense of any kind is expressly excluded.
The seller has the right to suspend and interrupt the connection service to the site at any time for technical reasons, for reasons related to the efficiency and safety of the services themselves, as well as to suspend their operation for precautionary reasons, without being deemed responsible for the consequences of any interruptions or suspensions.
All information on the site is intended as a simple generic information material. The photographs that present the products are for illustrative purposes only. The image may not be fully representative of the characteristics of the product and may change at any time. The technical data sheets and product descriptions are for illustrative purposes only and the seller declines all responsibility for their content. The seller assumes no responsibility for any errors or omissions contained on the site. The seller does not grant any license on copyrights, trademarks, patents or any other intellectual and industrial property rights; rights that remain in the exclusive availability of the legitimate owners.
The seller 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.
The seller is not responsible for any errors of any kind committed by the buyer when purchasing the products. The user therefore undertakes to carefully check the data entered before placing the order.
The buyer releases the seller from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the buyer, as he is solely responsible for their correct insertion.
The user undertakes as of now to indemnify the seller and / or its partners, indemnifying them substantially and procedurally from any prejudice, loss, damage, liability, cost, burden, expense, including legal, deriving from any claim and / or question and / or action that has been and / or may be advanced, against the seller and / or its partners, at any location, by third parties, in relation to any activity of the user of the site in any case connected to the activity of the selling company.
With reference to the services offered by third parties and the information provided by third parties, the seller assumes no responsibility, nor, in particular, any obligation of surveillance.
The seller assumes no responsibility for materials created or published by third parties with which the site has a hyperlink (link). Users who decide to visit a linked site do so at their sole risk. The link with other sites does not imply that the seller sponsors or is in any case affiliated with said sites and / or their owners and / or their managers.
The seller, despite the technical measures adopted and adopted, does not guarantee that the site is free from viruses or other potentially harmful programs. Therefore, the user is expressly invited to take all the most appropriate and up-to-date protection measures in advance.
6. Guarantees for consumers
For buyers who act as consumers, in the event of a lack of conformity of the goods, the rules referred to in Articles 128 and following of Legislative Decree 206/2005 (Consumer Code) will apply, in particular, if relevant.
In this case, towards consumers, the seller is liable, pursuant to Article 130 of the Consumer Code, when the lack of conformity occurs within two years of delivery of the goods. The consumer loses the rights provided for in Article 130, paragraph 2, of the aforementioned Code if he does not report the lack of conformity to the seller within two months from the date on which he discovered the defect. The report is not necessary if the seller has recognized the existence of the defect or has concealed it. Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity. The direct action to assert the defects not maliciously concealed by the seller is prescribed, in any case, within twenty-six months from the delivery of the goods; the consumer, who is agreed for the execution of the contract, can however always assert the rights referred to in Article 130, paragraph 2, of the Consumer Code provided that the lack of conformity has been reported within two months of discovery and before the expiry of the term referred to in the previous period.
For any conventional guarantees it is necessary to refer exclusively to the producers.
7. User specific obligations
The buyer cannot assign the contract or the rights deriving from it to third parties.
It is strictly forbidden for the buyer to enter untrue data as part of the registration procedure, at the time of placing orders and, in general, in the context of any communication between the parties.
The seller reserves the right to legally pursue any violation and abuse.
8. Consumer’s right of withdrawal
Pursuant to articles 50 and following of Legislative Decree 206/2005 (Consumer Code), the consumer customer can exercise the right of withdrawal by returning the goods received in their original packaging.
The consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within ten working days from the day of receipt of the goods purchased, except for what provided for by article 65, paragraphs 3, 4 and 5, of the Consumer Code.
The substantial integrity of the asset is an essential condition for exercising the right of withdrawal. However, it is sufficient that the asset is returned in a normal state of conservation as it has been kept and possibly used with the use of normal diligence. The return of products that are not intact, deteriorated or lacking accessories or original equipment will therefore not be accepted by the seller and the goods will be returned to the sender with an increase in transport costs.
All costs of returning the products sold, in case of exercise of the aforementioned right of withdrawal, are borne by the buyer himself who, directly or by other means, will deliver them to the seller’s domicile; all items must be received in the same conditions as they were received, with their original packaging.
To exercise the right of withdrawal, the buyer must, strictly within the term of ten working days indicated above, send a registered letter with acknowledgment of receipt to the seller’s registered office as indicated above, an address that can also be used for the forwarding of any complaints.
A telegram, fax or e-mail message may be sent within the same term as above, which must be followed within 48 hours by the aforementioned registered letter with acknowledgment of receipt confirming the withdrawal.
For compliance with the terms, the date of the postmark of the accepting Office will be considered valid.
The buyer expressly undertakes to preserve and keep the products received and for which he intends to exercise the right of withdrawal with the utmost care and diligence.
Once the withdrawal has been exercised in accordance with these conditions and the law, the buyer undertakes to return the products subject to withdrawal no later than ten days from the date of withdrawal. The goods must be sent to the seller’s address mentioned above. The costs and risks of transport for the return are the sole responsibility of the buyer.
Once the seller has received the goods and carried out the necessary checks in order to establish the correct exercise of the right of withdrawal, he will refund the sum paid as soon as possible and in any case within the terms of the law, i.e. thirty days from the date on which the seller has become aware of the withdrawal.
The right of withdrawal does not apply to users who are not consumers. Furthermore, the right of withdrawal does not even apply in favor of consumers in the case of supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
9. Communications between the parties
The user of the site accepts that communications relating to all online services, including those relating to purchase orders, are made by the seller via e-mail to the address provided by the user himself at the time of registration and / or of the order, and recognizes its full validity, expressly renouncing as of now to disclaim the content of the declarations sent and / or received in electronic format.
The buyer is informed, acknowledges and accepts that the data acquired by the seller while browsing the site and placing the order may be used as evidence for the purpose of reconstructing the relationships between the parties, in compliance with current legislation.
10. Express termination clause
Except for the other termination hypotheses provided for by law and by the contract, all the obligations borne by the user provided for by these general conditions are essential, so that by express agreement, the non-fulfillment, even partial, by the user, even of a only these obligations will result in the legal termination of the contract pursuant to article 1456 of the civil code, without prejudice to the right for the seller to choose whether or not to make use of the clause and in any case to take legal action for compensation for damage suffered.
11. Confidentiality and processing of personal data. Indemnify
The user expressly acknowledges and accepts that his data may be used by the seller, in anonymous (anonymization) and aggregate form, for statistical and market analysis purposes.
The selling company cannot be held responsible for any violations of the aforementioned Legislative Decree 196/2003 which are exclusively attributable to the user’s actions and / or omissions or which in any case derive from the falsity and / or incorrectness of the statements by the latter yields. In this case, the user expressly undertakes to indemnify and hold the seller harmless from any claim for compensation that is advanced against the seller. Likewise, the user undertakes to indemnify and / or refund the seller from any costs incurred by the latter as a result of the same violations.
12. Intellectual and industrial property rights
All intellectual and industrial property rights are reserved.
In particular, all the contents of the site (texts, images, videos, databases, etc.) as well as the methods of formation, management and presentation of the content itself (graphic elements, layout, software, etc.) are protected by copyright, based on Italian and international laws.
The exclusive owner of intellectual and industrial property rights, unless expressly indicated otherwise, is the seller.
All intellectual or industrial property rights belonging to the seller, in any way or form made available to users of the site, remain in the exclusive ownership of the owner, who grants the user a personal, non-transferable and non-exclusive license for use in accordance with the these general conditions, it being understood in any case that the user cannot copy, modify, sell, assign, sublicense, confer or transfer to third parties or create works derived from any right of the owner, or allow third parties to do so through the user or his computer, or perform any other activity that is not expressly permitted by these general conditions.
Total or partial reproduction, by any means, of any element and content of this site is prohibited, with the exception of reproductions made for personal use only. In particular, the reproduction and use for profit, or in any case for profit, of the contents of the site are prohibited. Quotations for the purpose of news, study, criticism or review are allowed, provided they are accompanied by an indication of the source.
13. Jurisdiction and applicable law. Mediation clause. Jurisdiction
These general conditions and the other rules of the site as well as any dispute relating to them as well as any dispute relating to the contracts stipulated through the site, including those relating to the conclusion, validity, effectiveness, execution, interpretation, resolution, violation of these contracts , is subject to the jurisdiction of the Italian State and to the application of Italian law.
The parties will submit all the above disputes to a mediation attempt at the Mediation Body registered in the Register of Mediation Bodies referred to in Legislative Decree 28/2010 which will be chosen by the applicant. In any case, the parties undertake to resort to mediation before starting any arbitration or judicial procedure.
In the case of user-consumer, for any dispute between the parties the court in whose district the consumer has his residence or domicile will have jurisdiction, if located in the Italian territory, according to current legislation; for all other users it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Rome.
Without prejudice to the foregoing, the seller in any case reserves the right, if he deems it necessary or appropriate, to be able to take legal action even before authorities of countries or cities other than Italy and Rome.
14. Final provisions
In the event that one or more clauses are null, void, or inapplicable in any capacity, they will be deemed unwritten and this will not affect the validity and applicability of any other provision of this agreement.
In the interpretation of the contract, only the content of the clauses will be considered and not the title of the same, indicated only for convenience of reference.
The contract can only be changed in writing. No different conditions or negotiation or commercial customs will be able to integrate or modify the contractual agreements.
For anything not provided for in the contract, please refer to the laws in force.
The contract is concluded in Italian, a language that both parties declare to know and understand.
The user declares to have carefully read these general conditions and to accept them in full.
Last updated: November 2013
The text of this document may undergo changes over time. It is therefore advisable to read it carefully every time you access the site. The user is also invited to print and keep a copy.