Terms and Conditions
The following General Conditions of Use and Sale govern the offer and sale of products on this website www.cubulteria.com (Site). Users who use the Services offered by the Site www.cubulteria.com declare that they know and accept these terms and conditions.
Owner of Site and related Services
The products purchased on the Site are offered and sold by Cubulteria SAS C.F./P.IVA 04593020615 registered office Via Alifani 5 BIS (81012) Alvignano (CE), (hereinafter referred to as Cubulteria).
Information on Cubulteria
Cubulteria is an online sales service for movable goods (wine, other spirits and food products).
This document constitutes a legal agreement between you, the User, and Cubulteria and governs your use of the website and, in any case, the use of the services provided. “Legal Agreement” means that the terms of this agreement, once accepted by the User, are binding on the User. “Agreement” refers to this document, as amended from time to time. The Contract is concluded in the Italian language. Acceptance of the Agreement In order to use the Site, you must carefully read and accept the Agreement by clicking on the specific acceptance button. If you do not accept the Agreement you will not be able to use the Service.
User account, content and prohibited use
Registration, cancellation and account closure
- the User has violated the Agreement; and / or
- access or use of the Service could cause damage to Cubulteria, to other Users or to third parties; and / or
- the use of Cubulteria by the User may result in a violation of the law or applicable regulations; and / or
- in the event of investigations conducted as a result of legal actions or for the involvement of the public authority; and / or
- the account is considered by Cubulteria, at its sole discretion and for any reason, inappropriate or offensive or in violation of the Agreement or not in line with standards.
Reviews, comments, communications and other content
It is allowed to post reviews, comments and other content, send e-cards and other communications and submit suggestions, ideas, comments, questions or other information, as long as the content is not illicit (i.e. obscene, abusive, intimidating, defamatory, does not violate privacy , intellectual property rights or is not otherwise offensive to Cubulteria and / or third parties or deplorable and does not or in any case does not contain viruses, political propaganda, commercial solicitations, chain letters, mass e-mails or any other form of spamming). You may not use a fake email address, pretend to be another person or subject, or otherwise lie about the origin of a postcard or other content. We reserve the right (but we have no obligation to act in the absence of User reporting) to remove or modify such content. If you believe that a content contains a defamatory statement or that your intellectual property right has been violated by an article or information on the Site, please report it to our e-mail box and we will promptly do so.
Use not permitted
If you have an account on this site, or have left comments, you can request to receive a file exported from the site with the personal data we hold about you, including any data you have provided to us. You can also request that we delete all personal data concerning you. This does not include any data that we are required to keep for administrative, legal or security purposes.
Where we send your data
The Service must be used as established in the Terms. Users cannot:
- reverse engineer, decompile, disassemble, modify or create derivative works based on Cubulteria or any portion of it;
- circumvent the computer systems used by Cubulteria or its licensors;
- copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by Cubulteria;
- use any robot, spider, search and / or site retrieval application, or any other device, process or automatic means to access, retrieve, scrap or index any portion of Cubulteria or its contents;
- rent, lease or sublicense Cubulteria;
- defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights of others;
- disseminate or post illegal, obscene, illegitimate, defamatory or inappropriate content;
- illegally appropriating the account in use with another User;
- register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through Cubulteria;
- use Cubulteria in any other improper way that violates the Terms.
Terms of sale
Purchase The presentation of products and services on the Site constitutes an invitation to offer. If you want to buy one or more products, you can select them one at a time, adding them to your cart. Once you have selected all the items you wish to purchase, you can close your cart and submit the order. At this point you will see a summary page of the products you have selected, their price and the delivery options (with related costs). You will be prompted to choose your preferred delivery, transport and payment method. The order is placed by confirming it and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form. The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place when Cubulteria sends the Order Confirmation to the email address provided by the User. Cubulteria reserves the right not to confirm an order, communicating to the User within 5 working days of placing the order, at the email address associated with his purchase, of any unavailability of one or more of the products purchased. In this case Cubulteria will refund the price and the shipping costs incurred by the User.
Terms of payment
Cubulteria uses third-party tools for payment processing and does not in any way come into contact with payment data – such as those relating to credit cards – provided. If the user decides to pay by bank transfer, the order will be shipped as soon as Cubulteria has received the credit of the amount relating to the order. Any costs for managing payments from the User that are not accepted will be charged to the User.
Availability of products
The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order. The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and may not constitute an exact representation of the products. We will do our best to present the characteristics of the products with the greatest degree of detail possible on the Site within each tab corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on the Site may differ from the real ones due to multiple factors including, by way of example but not limited to, photographic filters, resolution in the display of images, etc. Therefore, the User acknowledges and accepts that any minor differences do not constitute a lack of conformity of the products.
Order Execution and Delivery
The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the product ordered. Cubulteria cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation. Deliveries are made during normal business hours to the address indicated by the User and in the manner specified in the order summary. Upon delivery, the User must check the content by specifying any anomalies in the delivery form. In case of failure to collect within the deadline set by the carrier, the products will be returned to Cubulteria, which will refund the price of the products, but not the shipping cost. Cubulteria cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage that may have occurred to the Products after delivery to the carrier, where the latter has been chosen and appointed by the User or for delays in delivery attributable to the latter.
Right of withdrawal
In case of purchase of products or services on Cubulteria, the User has the right to withdraw from the contract without indicating the reasons, within 14 days. The withdrawal 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 – acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform Cubulteria of the decision to withdraw through an explicit declaration sent to the indicated contacts. If the User withdraws from this contract, all payments he has made will be refunded, including delivery costs. If the user has used a discount code for the purchase of the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user, and not also with regard to the value of the discount code. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to incur any costs as a result of this refund. The refund may be suspended until receipt of the goods or until the User has demonstrated that he has returned the goods, whichever is earlier. The User is requested to return the goods and deliver them to Cubulteria without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14-day period. The direct costs of returning the Product are borne by the user. The return of the Product to Cubulteria takes place under the responsibility of the user. The User is responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. Returned products that are damaged or used in a different and further way than is strictly necessary to establish their nature, characteristics and functioning will be reimbursed after deduction of the decrease in value resulting from damage or use. Reimbursement is excluded when the decrease in value is total. The User is requested to insert a copy of the delivery document received inside the package. The right of withdrawal is in any case excluded in relation to:
- the supply of goods that are liable to deteriorate or expire rapidly;
- the supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery.
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Legislative Decree n. 128-135 of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not have the quality of consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations.
Compensation and Limitation of Liability
The User undertakes to indemnify Cubulteria (as well as any companies controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal expenses incurred to defend itself in court, which should arise in the face of damage caused to other Users or third parties, in relation to the content uploaded online, to the violation of the law or of the terms of these conditions of service. Cubulteria and all the functionalities accessible through Cubulteria are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, explicit or implicit, which is not mandatory by law. In particular, no guarantee is provided of the suitability of the services offered for the particular purposes that the User aims at. The use of Cubulteria and the features accessible through Cubulteria is carried out by the Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of applicable law, is liable for damages of a contractual and extra-contractual nature towards Users and third parties exclusively by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of the activity of Cubulteria.
- Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Cubulteria and its Services without prior written permission, granted either directly or through a specific reselling program.
- Users declare to be of age according to the legislation applicable to them.
- The User who purchases through Cubulteria also declares and guarantees that whoever will receive the shipment of the purchased products is of age according to the legislation applicable to the latter.
- Cubulteria reserves the right to make changes to the Terms at any time, giving notice to the User by publishing it on the Site. The User who continues to use the Site after the publication of the changes accepts the new ones without reservation. Terms.
- These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, to the jurisdiction of the State and to the exclusive jurisdiction of the court of the place where the Owner of Cubulteria has its registered office. The exclusive forum of the consumer is an exception, if the law provides for it.
- If any clause of the Terms proves to be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain fully effective.
- The consumer resident in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into.