The entity responsible for this Application is:

Cantine Scolari s.r.l.
Via Nazionale, 38 – 25080
Raffa di Puegnago del Garda (BS)
Tel: +39 0365 651002
C.F. 00281900175 – P.Iva 00549290989
Chap. Soc. €90,000.00 i.v.

Holder’s email address: info@cantinescolari.it

Need to know at a glance

• The right of withdrawal applies only to European Consumers.

• Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users not acting as Consumers. These limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses apply to all Users.

• Use of this Application and the Service is restricted to Users who are of legal age under applicable law.

TERMS OF USE

Unless otherwise specified, the terms of use of this Application set forth in this section apply generally.

Additional conditions of use or access applicable in particular situations are expressly stated in this document.

By using this Application you represent that you meet the following requirements:

• There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users.

• The User is of legal age under applicable law;

Registration

To use the Service, the User can open an account by indicating all the required data and information completely and truthfully.
You can also use the Service without registering or creating an account. In that case, however, certain functions may not be available.

It is the responsibility of Users to keep their login credentials secure and preserve their confidentiality. To this end, Users must choose a password that matches the highest level of security available on this Application.

By creating an account, the User agrees that he/she is fully responsible for any activity carried out with his/her login credentials.
Users are required to notify the Controller immediately and unambiguously via the contact information provided in this document if they believe that their personal information, such as User account, login credentials, or personal data, has been hacked, unlawfully disseminated, or stolen.

Account closure

You are free to close your account and cease using the Service at any time by following this procedure:

• Contacting the Holder at the contact information in this document.

Account suspension and deletion

The Owner reserves the right to suspend or delete a User’s account at any time at its discretion and without notice if it deems it inappropriate, offensive, or contrary to these Terms.

Suspension or deletion of the account does not give the User any right to compensation, refund or indemnity.

Suspension or deletion of an account for causes attributable to the User shall not relieve the User from payment of any applicable fees or prices.

Content on this Application

Except where otherwise noted or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address the relevant complaints to the contact details specified in this document.

Rights to the contents of this Application

The Owner expressly holds and reserves all intellectual property rights to the above content.

Users are not allowed to use the content in any way that is not necessary for or implied by the proper use of the Service.

In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Application, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Application, the User is authorized to download, copy and/or share certain content available on this Application solely for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the indication of any other relevant circumstances required by the Owner is observed.

The limitations and exclusions provided by copyright law remain unaffected.

Access to external resources

Through this Application, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over these resources and therefore is not responsible for their content or availability.

The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in the relevant terms and conditions or, in their absence, by law.

Permitted use

This Application and the Service may be used only for the purposes for which they are offered, under these Terms and under applicable law.

It is your sole responsibility to ensure that your use of this Application and/or the Service does not violate any law, regulation, or the rights of any third party.

Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any censorious activity carried out through this Application or the Service to the competent authorities – e.g. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that it puts in place:

• Violations of laws, regulations, and/or the Terms;
• Injury to the rights of third parties;
• Acts that may considerably impair the legitimate interests of the Holder;
• offenses against the Holder or a third party.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on this Application as part of the service are chargeable.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Application.

Product Description.

Prices, descriptions, and availability of Products are specified in the respective sections of this Application and are subject to change without notice.

Although the Products on this Application are presented as accurately as technically possible, the representation on this Application by any means (including, as applicable, graphic materials, images, colors, sounds) is for reference only and does not imply any warranty as to the characteristics of the Product purchased.

The characteristics of the selected Product will be specified during the purchase process.

Purchasing procedure

Each step, from choosing the product to placing the order, is part of the purchasing process.

The purchase procedure includes the following steps:

• Users are asked to choose the desired Product and verify their purchase choice.
• After checking the information visible in the purchase choice, Users can place the order by submitting it.

Order submission

Sending the order entails the following:

• The submission of the order by the user determines the conclusion of the contract and gives rise to the User’s obligation to pay price, taxes and any additional charges and expenses, as specified on the order page.
• In the event that the Product purchased requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes an obligation on the User to cooperate accordingly.
• Once the order has been placed, Users will be sent a confirmation of receipt of the order.

All notifications regarding the purchase process described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase process and prior to placing the order, Users are duly informed of all fees, taxes and costs (including any shipping charges) that will be charged to them.

Prices on this Application:

• depending on the section the User is consulting include all applicable fees, taxes, and costs or are shown net of applicable fees, taxes, and costs.

Means of payment

Details of accepted means of payment are highlighted during the purchase process.

Some means of payment are tied to additional conditions or incur additional costs. Detailed information can be found in the relevant section of this Application.

All payments are handled independently by third-party services. Therefore, this Application does not collect payment-related data-such as credit card numbers-but receives a notification once the payment is successful.

In the event that payment made by any of the available means fails or is rejected by the payment service provider, the Holder is not obligated to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.

Reservation of property

Until the Holder receives payment of the full purchase price, the User does not acquire ownership of the Products ordered.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users should check the contents of the package and promptly report any anomalies to the contact information in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery may be to the countries or territories specified in the relevant section of this Application.

Delivery times are indicated on this Application or during the purchase process.

Failure to deliver

The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to the courier if the courier has been engaged by the User.

In the event that the goods are not delivered or picked up at the time or by the deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further arrangements.

Unless otherwise specified, any attempted delivery from the second will be at User’s expense.

User Rights

Right of withdrawal

Unless an exception applies, the User may enjoy the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find more information about the right of withdrawal in this section.

Who enjoys the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers have by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Holder unequivocal notice of his intention to withdraw from the contract.

For this purpose, the User may use the model withdrawal form found in the definitions section of this document. However, the User is free to express his or her intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal statement before the withdrawal period expires.

When does the withdrawal period expire?

• In the case of the purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the goods.
• When purchasing multiple goods ordered together. but delivered separately or in the case of the purchase of a single good consisting of several lots or pieces delivered separately the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and different from the courier – takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Holder shall refund all payments received including, if made, those related to delivery charges to Users who have properly exercised their right of withdrawal.

However, the increased cost resulting from choosing a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the User’s responsibility.

The refund shall be made without undue delay and in any case within 14 days from the day on which the Holder was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, refunds are made using the same means of payment used for the initial transaction. The User does not incur any costs as a consequence of withdrawal.

… on contracts for the purchase of tangible goods

Unless the Holder has offered to collect the goods, the User must return them to the Holder or other person authorized by the Holder to receive them without undue delay and in any case within 14 days from the day on which the User communicated his/her intention to withdraw from the contract.

The deadline is met if delivery of the goods to the courier or other authorized person occurs before the expiration of the 14-day period described above. Refunds may be withheld until receipt of the goods or until the User has provided proof of return.

The User shall be liable for any diminution in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics, and operation.

Return shipping costs are the responsibility of the User.

Legal Warranty of Product Conformity

According to European regulations, the seller guarantees the conformity of sold goods for a minimum period of 2 years after delivery. Therefore, the seller is obligated to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably expected for at least two years from the time of delivery to the buyer.

Where Users act as European Consumers, the legal warranty of conformity of goods applies to items available on this Application in accordance with the laws of the country in which they ordinarily reside.

The national laws of that country may grant such Users broader rights.

Consumers not acting as European Consumers may have conformity warranty rights under the laws of the country in which they ordinarily reside.

Limitation of liability and indemnity

Australian users

Limitation of liability

Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or protection that You may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial legislation and that constitutes a right that cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at Holder’s option, to a re-provision of the Services or payment of the cost of re-provision thereof.

US users

Exclusion of warranty

The Owner provides this Application “as is” and as available. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, Owner expressly disclaims conditions, covenants and warranties of any kind – whether express, implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly provided herein

Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees do not guarantee that the content will be accurate, reliable, or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service will be free of viruses or other harmful components. Any content downloaded or otherwise obtained through your use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such operation or your use of the Service.

The Owner does not warrant, endorse, assure, or assume responsibility for any product or service advertised or offered by third parties through the Service nor any hyperlinked website or service. In addition, the Owner does not take part in or in any way monitor any transactions between Users and third-party providers of products or services.

The Service may become inaccessible or not function properly with the User’s browser, device, and/or operating system. The Owner cannot be held liable for any damage, whether perceived or actual, resulting from the content, operation, or use of the Service.

Federal laws, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent provided by law.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be held liable for

• any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use, or inability to use, the Service; and
• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
• Any error, lack or inaccuracy in the content;
• personal injury or property damage, of any kind, resulting from your access to or use of the Service;
• Any unauthorized access to the Owner’s security servers and/or any personal information stored therein
• Any interruption or cessation of transmissions to or from the Service;
• Any bugs, viruses, Trojans, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• The defamatory, offensive, or illegal conduct of any User or third party. In no event shall Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount exceeding the amount paid by User to Owner during the preceding 12 months, or for the term of this Agreement between Owner and User, whichever is shorter.

This section on limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the Owner was advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.

Manleva

User agrees to defend, indemnify, and hold harmless Holder and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts, and expenses, including, without limitation, legal fees and expenses arising from

• User’s use of or access to the Service, including any data or content transmitted or received by User;
• User’s breach of these Terms, including but not limited to any breach by User of any representation or warranty set forth in these Terms;
• infringement by the User of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
• Violation by the User of any applicable law, rule or regulation
• any content posted from the User’s account, including but not limited to misleading, false or inaccurate information and also including when accessed by a third party with the User’s personal username and password or other security measures, if any;
• The willful conduct of the User; or
• The violation of any legal provision by the User or its affiliates, officers, agents, brand co-owners, partners, suppliers and employees, to the extent permitted by applicable law

Common provisions

No implicit waiver

The Holder’s failure to exercise any statutory rights or claims under these Terms does not constitute a waiver of them. No waiver can be considered final in relation to a specific right or any other right.

Interruption of Service

To ensure the best possible level of service, the Owner reserves the right to discontinue the Service for maintenance purposes, system upgrades or any other changes, giving appropriate notice to Users.

To the extent permitted by law, the Owner reserves the right to suspend or completely terminate the Service. In case of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law.

In addition, the Service may not be available due to causes beyond the Owner’s reasonable control, such as force majeure (e.g., strikes, infrastructure malfunctions, power outages etc.).

Resale of the Service

Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, either expressed directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of this Application.

Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Application are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.

All trademarks – denominative or figurative – and any other distinctive signs, firms, service marks, illustrations, images or logos that appear in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes in Terms

The Owner reserves the right to change the Terms at any time. In such a case, the Holder will give appropriate notice of the changes to Users.

Changes will only affect the relationship with the User in the future.

Your continued use of the Service signifies your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms could result in either party’s right to terminate the Agreement.

The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Holder.

If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.

Assignment of contract

Holder reserves the right to transfer, assign, dispose of, novate, or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.

The provisions regarding modification of these Terms apply.

You are not authorized to assign or transfer your rights and obligations under the Terms without the written consent of the Owner.

Contact

All communications pertaining to the use of this Application should be sent to the contact information provided in this document.

Safeguard clause

Should any of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not cause the remaining provisions to be ineffective, and they shall therefore remain valid and effective.

European users

Should any provision of these Terms be or become void, invalid, or ineffective, the parties shall endeavor to amicably locate a valid and effective substitute provision for the void, invalid, or ineffective provision.
In case of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid, or ineffective provision shall be replaced by the applicable legal framework.

Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions under the Agreement are essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an undue and unacceptable burden on one of the parties.

US users

Any invalid or ineffective provision will be interpreted and adjusted to the extent necessary to make it valid, effective and in accordance with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the regulated subject matter and supersede all other communications, including any prior agreements, between the parties with respect to the regulated subject matter.
These Terms will be implemented to the fullest extent permitted by law.

Applicable law

The Terms are governed by the law of the place where the Owner is established, as set forth in the relevant section of this document regardless of conflict rules.

Exception for European Consumers

However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection shall prevail.

Jurisdiction

Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Holder is established, as set forth in the relevant section of this document.

Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Dispute Resolution

Amicable settlement of disputes

Users may report any disputes to the Owner, who will attempt to resolve them amicably.

To the extent that this does not affect Users’ right to bring an action in court, in the event of a dispute concerning the use of this Application or the Service, Users are requested to contact the Owner at the contact details set out in this document.

The User may address a complaint to the Holder’s e-mail address listed in this document, including a brief description and, if applicable, details of the affected order, purchase, or account.

The Holder will process the request without undue delay and within 21 days of its receipt.

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution to facilitate out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, any European Consumer may use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.