Terms and conditions

TERMS AND CONDITIONS

General Provisions

These terms and conditions (hereinafter only "Conditions") contain the information and conditions governing the use of the e-commerce site of "Mister Bio Wine" (www.shop.misterbiowine.com) and all purchase orders of the articles contained therein made by the User (hereinafter "User or Customer").

Mister Bio Wine also informs that the use of this website and the related orders placed through it imply the acceptance of these Conditions. Therefore, please read these Conditions, the Cookie Policy and the Privacy Policy carefully before using this website.

Mister Bio Wine reserves the right to modify the Conditions at any time and without notice. The version of the Conditions present on www.shop.misterbiowine.com will be applied to the User at the time the order is placed.

"Mister Bio Wine" data

The sale of products through this website is managed by Mister Bio Wine S.r.l. (hereinafter also "the Seller"), via Lignano Sud, n. 7, 33053 - Latisana (UD), VAT number IT03021410307, ​​n. REA UD-358905, n. tel. +39 0434 833750.

All Mister Bio Wine contact details, including the e-mail address info@misterbiowine.com, can be found in the contact section of the website www.misterbiowine.com and on this site.

Privacy and use of the website

The information and / or personal data provided by the User will be processed in accordance with the provisions of the site's Privacy Policy. By using this website, the User authorizes Mister Bio Wine to process such information and declares that all information and / or personal data provided are accurate and truthful.

By using the website and / or placing orders, the User agrees to:

- use the site only for valid legal purposes;

- not to place false or fraudulent orders;

- provide postal and e-mail address, telephone number and any other useful contact in a correct and truthful manner and consent to the use, by Mister Bio Wine, of this information to put you in contact with the same. If the User does not provide all the information that Mister Bio Wine will need, Mister Bio Wine will not be able to process the order.

The sale of alcoholic products is forbidden to minors. By placing an order through this website, the User declares and guarantees to be of age according to the legislation applicable to him. If there is no legislation in this regard, you must be at least 21 years old.

Purchasable products are intended for final consumers only. By consumer we mean, according to the relevant definition in Article 3 of Legislative Decree no. 206/2005 the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. The Seller, therefore, reserves the right not to enter into Contracts with Subjects other than Consumers. For any purchases from non-consumer users, please contact the e-mail address shop@misterbiowine.com.

Mister Bio Wine undertakes to guarantee the service, as well as safety and full compliance with the applicable legislation during the delivery of its products / services.

3.1 How to register on the site - account creation

The User can register on this site via the "Create Account" section under "Login" in the drop-down menu, or by selecting the icon with the little man at the top right of the site. The "Create an account" form will require the mandatory entry of some personal data such as name, surname, e-mail address and password for the account. By typing "create" an email will be sent to the address indicated to confirm the account activation. Once this step is done, the User will be able to access the account created by entering the data required for access. Account creation is free.

However, it will also be possible to purchase without registering.

It will be possible to cancel your account by sending an e-mail containing the cancellation request to info@misterbiowine.com.

Detailed description of the functioning of the site.

The e-commerce site www.shop.misterbiowine.com provides the sales service of the items produced by Mister Bio Wine. From the drop-down menu it is possible to consult the various pages in which the site is structured. In particular, the site is divided into the following pages: "home page", "shop", "our wines", "faq", "log in". The same are also listed at the bottom of the site among the "useful links".

On the home page you can view the products that can be purchased by scrolling down or selecting "view our products" or "discover our products". For each item, the respective name and price are indicated, and it is represented by a representative image of the same. By clicking on the imagerelating to a specific item, a brief description of the same will appear, as well as a short list of information relating to the purchase.

The list of products that can be purchased through e-commerce is also available on the "our wines" and "shop" pages.

To proceed with the purchase of products, you will need to select the desired products and quantities and add to the cart. The procedure relating to the purchase of Mister Bio Wine goods is reported in point 7 of these terms.

The "Faq" section allows you to view the quick questions and answers relating to the conditions of sale that govern the contracts concluded through this Mister Bio Wine site.

Through the "log in" page or by selecting the icon with the little man at the top right, you can register on the site, and then log into your account. This will allow you to view the details of your account, and therefore your personal data, as well as any orders placed.

At the bottom of the site there is the newsletter box: it will be sufficient to enter your email and provide your consent to stay updated on any offers, gifts and news relating to Mister Bio Wine products.

In the footer of the site you can find the privacy policy, cookie policy and terms and conditions of the site. There are also Instagram and Facebook plug-ins that refer to the related two social pages of Mister Bio Wine. The icon for instant messaging will appear at the bottom left to receive assistance from Mister Bio Wine.

Products

Mister Bio Wine deals with the production and sale of bottled wine. Each product is accompanied by a brief description and the technical data sheet is also available on the website www.misterbiowine.com.

Selling price

The price of the individual products will be that indicated from time to time on this website, to be understood as inclusive of VAT, but excluding shipping costs. Prices may change without notice and the valid price will be the one indicated on the site at the time of purchase.

Shipping costs will be due only for orders below € 100; above this amount the shipping costs will be free. The cost for shipping is € 15 and will be charged to the customer.

The distinct orders placed separately by the same User will not be grouped by the Seller and the shipping costs will be applied to each of them. It is therefore advisable to group the various items in a single order.

The minimum order is 6 (six) bottles: under this number of products it will not be possible to proceed with the purchase.

Terms of payment

The User can pay with VISA, Maestro, Mastercard and American Express cards, as well as via Shop Pay, PayPal, Google Pay and Apple Pay.

If the User wishes to receive the invoice for the products purchased, he must indicate the billing information in the box for the notes on the order or send the data by email to customer service@misterbiowine.com and will receive the invoice by e-mail.

The user can choose to pay through dynamic check-out or through manual check-out.

In the case of dynamic check-out, the payment methods allowed are Shop Pay, PayPal, Google Pay or Apple Pay. After selecting the chosen method, the User will be redirected to the page of this system and will be asked for the personal data necessary for the execution of the payment. Please refer to the official pages of the payment systems mentioned above for more information about their operation.

In the case of manual check-out, the User, even if not registered, can choose between:

- payment by credit / debit card: the system may request the cardholder, with whom the payment is being made, for authentication by entering a personal password that can be verified in static mode (Security code previously defined by the owner of the card with the issuing circuit) or dynamic (dynamic 3D Secure with "disposable" password), or proceed according to the conditions provided by the payment institution and related to the use of the User's card. It is possible to enter payment information at the time of placing the order, using a valid card. Mister Bio Wine reserves the right to check the validity of the card, the credit status in relation to the order value and the correctness of the buyer's address. Mister Bio Wine may refuse the order based on the results of these checks;

- payment with PayPal: if you choose to pay with PayPal, the latter reserves the right to check the validity of the PayPal account, to verify that there are sufficient funds to pay for the purchase and to confirm the correctness of the address data billing of the buyer. Mister Bio Wine reserves the right to refuse any order.

Order and conclusion of the contract

For andTo place an order you will have to follow the online purchase procedure of the website www.shop.misterbiowine.com.

The products can be viewed on the home page of this site or by selecting the item "view our products" as well as in the "Shop" section in the drop-down menu at the top left.

Once the items to be purchased have been selected, they will be added to the cart by clicking on "add to cart" and it will be possible to enter a note for the order in the appropriate box (eg if you want to add a greeting card or a dedication). If the requested quantity for a product is not available, the system will not allow you to proceed with the order.

Subsequently, you can proceed with the completion of the order and payment by selecting "check-out" and accepting these terms and conditions.

At this stage it will be possible to access your account if previously created.

It will also be possible for the User to proceed with the quick check-out by selecting Shop-pay, Pay-pal, Apple Pay or Google-Pay as payment methods and will be redirected to the chosen payment platform.

The User can proceed with the purchase without registering in advance and the Seller, at the time of check out, will request the indication of some personal data to proceed with the order such as name and surname, shipping address, address e-mail and telephone number. By selecting “go to shipment” it will be possible to option the standard shipping method as the only method provided by Mister Bio Wine for delivery. Finally, through the "go to payment" item you can proceed with the purchase, choosing the payment method from those indicated in point 6 of these Terms and Conditions except Shop Pay, Apple-pay and Google Pay, available only via check- quick out. Payment data will therefore be requested (eg credit card number, holder, expiry date, security code, etc.). Before selecting the "Pay now" button, it will be possible to indicate a billing address other than the shipping address, where necessary; it will also be possible to save your data for a quicker check-out for subsequent purchases.

It will be possible to change the order at any time before submitting the request and paying.

Any discounts are related to the list price and will be calculated automatically at the time of payment. By pressing the "Pay now" / "Complete order" button, the User will send the order request to the Seller and will automatically receive an order confirmation email containing the purchase summary. Mister Bio Wine guarantees the availability in its warehouse of the products requested and purchased by the User, therefore the contract between the User and Mister Bio Wine will be considered concluded at the time of receipt of the order by the Seller, as well as receipt of the email summary by the User.

At the time of order fulfillment, the User will receive a separate e-mail from the Seller, containing information relating to the shipment and the tracking code for tracking what was purchased.

It will be possible to cancel and / or modify the order until the goods are shipped, and then until the User receives the e-mail containing the tracking code. In this case, the User must contact Mister Bio Wine via chat and then pressing the messaging service icon at the bottom left of the site, or send an email to customer service@misterbiowine.com indicating the order number with the request.

If for any reason Mister Bio Wine will not be able to execute the order, it will notify the User as soon as possible through the contacts issued by the same; if, for such orders, it was

the payment has already been made, Mister Bio Wine will refund using the same payment method chosen by the User.

In the event of total or partial non-payment of the order by the User, Mister Bio Wine reserves the right to terminate the contract pursuant to art. 1456 of the Italian Civil Code by sending a communication to the User by email. Mister Bio Wine also reserves the right to refuse and not process the order in case of insufficient guarantees of solvency or risk of fraud or of an order coming from a User with whom there is a pending legal dispute relating to a previous order or for any other legitimate motivation.

For any problems regarding the purchase of products, please write to the e-mail customer service@misterbiowine.com.

Shipping and delivery

The items offered are purchasable and available for delivery only within the Italian territory in the main Italian locations. Mister Bio Wine exercises the utmost diligence in accepting and processing purchase orders. The products are placed in the hive, packaged in special cartons equipped witha triple external reinforcement, and sent to the address indicated by the User.

All shipments are made by GLS courier. Order preparation times may take up to 5 working days. Delivery will take place within 72 hours from when the goods leave the warehouse. For shipping to the islands, the delivery time from when the goods leave the warehouse is 3-5 working days. Public holidays are excluded from the calculation of the days required for preparation and delivery. In the event of the purchase of quantities equal to or greater than 7 cartons (42 bottles), Mister Bio Wine may take up to 7 working days to prepare the order.

There is no express shipping or otherwise different from the standard one.

In any case, it will be possible to track the order placed through the tracking code that the User will receive via email from Mister Bio Wine at the time of order fulfillment.

Furthermore, the User can check the status of his order by accessing the website of the shipping company (GLS) www.gls-group.com and entering the tracking code or by visiting the "my orders" section in his account if he is registered on the e-commerce of Mister Bio Wine. If the User is not registered, he will have to enter the order number and his e-mail address in the instant messaging section by clicking on the green and white icon at the bottom left and will receive an e-mail with the update on the shipment.

It will also be possible to indicate the time of availability for the courier in the box for the "note on the order" in the cart before proceeding with the check-out: the courier will try to respect it compatibly with their logistical needs. If it is not possible to deliver the order due to the absence of the User / recipient at the time of delivery, the User will be notified by e-mail or text message and the methods for managing the non-delivery will be displayed. Any costs of storage of the goods with the courier, in the event that delivery is impossible due to unavailability, will be borne by the User, as well as the shipping costs for the subsequent re-sending of the products.

In any case, it will be possible to contact customer service at customer service@misterbiowine.com.

Mister Bio Wine recommends the correct insertion of personal and tax data at the time of purchase and requests that any inaccuracies be communicated as soon as possible to servizioclienti@misterbiowine.com. Otherwise, Mister Bio Wine will not be liable for the impossibility of tracing the User and in any case disclaims any responsibility.

The User may at any time change or correct their shipping address. However, once the order is shipped, it will no longer be possible to change the address for that order. If the order has not yet been sent, the User can write to customer service@misterbiowine.com and the Seller will modify the incorrect data.

It is possible to indicate as the shipping address the address of a third party with respect to the person who made the purchase, for example in the event that the User wishes to make a gift. The ordered goods will be delivered to the address indicated.

If the order does not arrive by the established date or if you encounter other problems relating to delivery, please contact Mister Bio Wine at customer service@misterbiowine.com.

Mister Bio Wine frees itself from the obligation of delivery by returning the products to the carrier or forwarder. Before collecting the goods, it is the responsibility of the User to check with the carrier the integrity of the package or the package and the correspondence of the packages and, in case of tampering or neglect or non-correspondence of the packages, immediately notify the courier, making the related complaint. . Mister Bio Wine will not be responsible for any damage and / or claim inherent in transport and in any case will not accept complaints in the absence of immediate complaint to the carrier.

Right of withdrawal

The User-consumer has a period of 14 days to withdraw without having to specify the reason, as required by art. 52 of the Consumer Code. The term for exercising the right of withdrawal starts from the day on which the consumer, or a third party other than the carrier and designated by the consumer, acquires physical possession of the goods or, in the case of multiple goods ordered by the consumer through a single order and delivered separately. , from the day on which the consumer or third party acquires physical possession of the last good, or in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the consumer or a third party, other than the carrier and designated by consumer, acquires physical possession of the last batch or piece.

To exercise the right of withdrawal pursuant to art. 54 of the Consumer Code, the consumer will be required to notify the seller in writing, pbefore the expiration of the withdrawal period, using the printable form at the link shorturl.at/tRT09 to be sent by e-mail to the e-mail address servizioclienti@misterbiowine.com (in this case the Seller will communicate to the consumer without delay a confirmation of receipt, on support lasting, of the exercised withdrawal), or by sending to Mister Bio Wine, 33053 - Latisana (UD), via Lignano Sud, n. 7, a registered letter with acknowledgment of receipt containing the explicit intention to make use of the right of withdrawal, the product and the contract for which withdrawal is requested, the day the product was ordered or received, the name of the User from whom the withdrawal is received with the respective signature and address, the date of the communication, as well as any copy of the transport document where the goods have already been shipped and delivered. The consumer will have exercised his right of withdrawal within the above withdrawal period if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the withdrawal period.

Mister Bio Wine will reimburse all payments received from the Consumer, possibly including delivery costs, within 14 days of the arrival of the communication containing the intention to withdraw, except for the provisions of art. 56 co. 3 of the Consumer Code, and using the same payment method chosen by the consumer to make the purchase, unless the consumer has expressly agreed otherwise and provided that

the latter should not incur any costs as a consequence of the reimbursement, as required by art. 56 of the Consumer Code.

The User must return the goods or deliver them to the Seller or to a third party authorized by the latter to receive them, at the address via Lignano Sud, n. 7, 33053 - Latisana (UD), within 14 days from the date on which it communicated to the Seller its intention to withdraw from the contract pursuant to art. 57 of the consumer code. The shipping costs of the goods to Mister Bio Wine following the exercise of the right of withdrawal are charged to the consumer. The goods must be sent in the packaging in which it was contained when it was received. By writing to customer service, Mister Bio Wine himself will organize the collection of the goods through the courier at the User's home.

The Consumer will be 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 and characteristics of the goods.

The items must be returned intact, free from tampering and in the same conditions in which they were shipped, together with the original packaging and must not have been damaged, being able in such cases Mister Bio Wine not to proceed with the refund or charge the User the cost of the packaging.

Mister Bio Wine reserves the right to accept returns only carriage paid or otherwise authorized by it.

It will not be possible to exercise the right of withdrawal for customers who have placed orders with a VAT number or who are not qualified as a consumer.

The right of withdrawal, pursuant to art. 59 of the Consumer Code, is excluded for the supply of customized goods; for the supply of goods that are likely to deteriorate or expire rapidly; for the supply of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery; for the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods.

Legal guarantee

If the purchased products do not comply with the contract pursuant to art. 129 of the Consumer Code, Mister Bio Wine will comply with the current legislation in terms of legal guarantee for the Consumer pursuant to art. 128 and ss. of the Consumer Code.

There is no lack of conformity pursuant to article 129, paragraph 3, if, at the time of the conclusion of the sales contract, the consumer had been specifically informed of the fact that a particular characteristic of the goods deviated from the objective requirements of conformity provided for by these rules and the consumer has expressly and separately accepted this deviation at the time of the conclusion of the sales contract.

In accordance with art. 133 of the Consumer Code, the warranty has a duration of 2 (two) years from delivery of the goods, therefore it is necessary for the consumer to keep proof of purchase. The direct action to assert the defects not intentionally concealed by the seller is prescribed, in any case, within twenty-six months from the delivery of the goods.

Beyond this term Mister Bio Wine will no longer be responsible for any lack of conformity found by the Consumer.

In case of lack of conformity of the goods, the consumer has the right to restore the conformity, or to receive a proportional reduction in the price, or to terminate the contract.

Specifically, in fini of the restoration of conformity, the consumer may request replacement, provided that it is not impossible or does not impose disproportionate costs on the seller, pursuant to co. 2 of art. 135 bis of the Consumer Code; in this case, the seller may refuse to bring the goods into conformity. The replacement will take place in accordance with art. 135-ter of the Consumer Code.

The consumer has the right to a proportional reduction of the price or to the termination of the sales contract pursuant to article 135-quater in the event that the seller has not carried out the replacement or has refused to bring the goods into conformity, or if the defect of conformity is so serious as to justify the immediate reduction of the price or the termination of the sales contract. Finally, the consumer has the right to a price reduction or termination of the contract if the seller has declared or it is clear from the circumstances that he will not proceed to restore the conformity of the goods within a reasonable period or without significant inconvenience to the consumer. If the lack of conformity is slight, the remedy of the termination of the contract is excluded.

As a rule, where the delivered goods are found to be non-compliant with the contract, the consumer may challenge the seller for the lack of conformity found. However, the consumer cannot legitimately invoke the seller's liability if at the time of the conclusion of the contract: he knew the defect or could not ignore it using ordinary diligence; the defect depends on instructions or materials provided by the consumer. The professional will then not be bound by public statements made by or on behalf of the seller, or by other persons in the context of previous steps in the chain of commercial transactions, including the manufacturer, in particular in advertising or on the label, if he proves that: he did not know the statement and could not know it; the declaration was adequately corrected by the time the contract was concluded; the statement did not influence the decision to purchase the consumer good.

If the User wishes to lodge a complaint regarding an obvious lack of conformity in the products supplied by Mister Bio Wine, he is requested to notify it by writing to the email address servizioclienti@misterbiowine.com and immediately returning the goods to Mister Bio Wine in the following ways: goods must be sent in the packaging in which they were contained when they were received. By writing to customer service, Mister Bio Wine himself will organize the collection of the goods through the courier at the User's home.

Responsibility of the Seller

In case of violation of the Conditions, Mister Bio Wine will be liable only for losses which constitute a reasonable and foreseeable consequence of such violation.

Mister Bio Wine cannot be held responsible for indirect damages, such as - by way of example - loss of profits, impossibility of delivery or other obligation mentioned above, if this impossibility is beyond the sphere of its control.

The maximum liability of Mister Bio Wine for any damage and / or loss will be limited to the all-inclusive price of the order.

These Conditions do not in any way limit the rights recognized to consumers by current legislation.

If the User has a problem with a product that he purchased from Mister Bio Wine, and has not solved the problem with Mister Bio Wine, he can submit his complaint to the online dispute resolution platform of the EU (the "ODR platform") .

The ODR platform offers consumers and professionals within the EU the possibility of reaching an out-of-court solution for complaints related to online purchases. The unique entry website is designed to be interactive and easy to understand, available in all official EU languages ​​and free of charge. Using the ODR platform, the consumer and the professional can contact a body in charge, and then try to find a solution to the dispute. The ODR platform is available here: http://ec.europa.eu/odr

However, Mister Bio Wine is not liable for cases of failure or incorrect functioning of the platform that depend on causes of force majeure.

Assistance

The customer assistance service will be available before and after the purchase at +39 0434 833750 or at the email servizioclienti@misterbiowine.com as well as through the messaging service on the site. In any case, the User can write to customer service@misterbiowine.com for any complaints.

Partial nullity

Should any article, clause or provision of these Conditions be declared invalid, illegal or unenforceable by the competent authority, such article, clause or provision will be considered as not affixed, while the other articles and provisions will remainvalid.

Ownership of rights

The User is required to use the e-commerce services in compliance with the intellectual and / or industrial property rights of Mister Bio Wine and its licensors.

The ownership of the copyrights, as well as all rights on the software, on the domain name (www.shop.misterbiowine.com), on the trademarks, logos, names, and other distinctive signs associated with the e-commerce services is, depending on the case, of Mister Bio Wine and / or its licensors, with the consequence that the User will not be able to use them in any way without the prior written authorization of the relative owner.

Any material, product or software that is the subject of intellectual and / or industrial property rights of Mister Bio Wine and its licensors and that is made available to the User through the e-commerce services, will be used by the User in the respect for these rights. The User assumes all responsibility in this regard, and undertakes to indemnify and hold harmless, now by then, Mister Bio Wine from any harmful consequences.

Applicable law and jurisdiction

The use of the website and the related purchase contracts are governed by Italian law.

For any dispute arising from the use of the website or from purchase contracts, the Judge of the place of residence or domicile of the consumer or, at the choice of the same, the Court of Udine will be competent.