TERMS AND CONDITIONS
General Terms and Conditions of Sale
- Definition and Scope of the Agreement – Terms of Use
- Contractual Scope
- Purchase Procedure – Registration
- Product Availability
- Shipping and Delivery Methods
- Right of Withdrawal for European Consumers pursuant to the Consumer Code
- Intellectual Property Rights
- Jurisdiction
- Additional Provisions – Limitations of Liability
- Permitted Use
1. Definition and Scope of the Agreement
1.1. Contracts concluded with Vineria Aperta Srl through the Website are governed by Italian law, and in particular by Legislative Decree no. 70 of April 9, 2003 (regarding electronic commerce).
1.2. These general terms and conditions of sale apply to distance contracts (hereinafter: the “Agreement”) for the sale of bottles of wine, oil, grappa, and honey (hereinafter: the “Goods” or “Products”) using distance communication techniques, such as online sales via the website.
1.3. The Agreement is concluded between Vineria Aperta Srl (hereinafter also the “Seller”), with registered office in Montalcino (SI), locality Castelnuovo dell’Abate, Via delle Scuole n.c. 7, Tax Code, VAT Number, and registration number with the Chamber of Commerce of Siena: 01570100527, R.E.A. number SI-214968, certified email address: vineriaaperta@pec.it, and the customer/user/consumer (hereinafter: the “Customer” or “User”).
1.4. If the Customer is a Consumer, i.e., a natural person acting for purposes unrelated to professional activity, the Agreement is governed by the provisions of Legislative Decree no. 206 of September 6, 2005 (hereinafter: the “Consumer Code”).
1.5. These General Terms and Conditions of Sale (hereinafter: the “General Conditions”), and in particular the information provided under Art. 52 of the Consumer Code, will be visibly displayed on the Website and will remain valid and effective until amended and/or supplemented by Vineria Aperta Srl.
1.6. Any changes and/or additions to the General Conditions will take effect immediately and will apply to sales made from that date onward. In any case, the updated version of the General Conditions will always be available at: vineriaaperta.com, under the following URL: shop.vineriaaperta.com
1.7. Unless otherwise specified, the terms of use set out in this section are of general validity. Any additional conditions applicable in specific situations will be expressly indicated in this document.
2. Contractual Scope
Product purchases are permitted exclusively to individuals who:
a) have read and accepted, following the provided instructions, the Privacy Policy;
b) have read and accepted these General Conditions;
c) are of legal age.
3. Purchase Procedure – Registration
3.1. Without prejudice to the previous point, in order to proceed with the purchase of one or more Goods offered on the Website, it is necessary to complete the electronic order form (hereinafter: the “Order”), submit it to the Seller by following the relevant instructions, and make payment by credit card, PayPal, or bank transfer.
3.2. Charges will only be made if the Agreement is concluded, which is deemed finalized upon the dispatch of the Summary Email to the Customer. The order may be cancelled only within 48 hours of receipt of the Summary Email. After this time, the Customer remains liable for payment.
3.3. Vineria Aperta Srl undertakes to confirm receipt of the Order by sending an email to the address provided by the Customer (hereinafter: the “Summary Email”).
This Summary Email includes a summary of the commercial terms, general product information, availability of the Goods at the time of the Order, the unit price, packaging and shipping costs, payment and delivery methods, right of withdrawal, and the total amount due for the Order.
3.4. To use the Service, the User may choose to create an account by providing complete and truthful information, or proceed as a guest without registration. The Customer is responsible for securely storing their login credentials and maintaining confidentiality. Registered Customers are encouraged to choose a secure password. In both cases, the Customer is required to give all legally mandated consents.
By creating an account or purchasing as a guest, the User accepts full responsibility for any activity carried out through the site. Users must promptly notify Vineria Aperta Srl via the contact information provided in this document if they believe their personal data (e.g., account, credentials) has been breached or misused.
3.5. The creation of a User account is subject to the following conditions:
a. The use of bots or automated means to create accounts is prohibited.
b. Unless otherwise specified, each User may create only one account.
c. Unless expressly permitted, a User account may not be shared.
d. Users may close their accounts and discontinue use of the Service at any time.
3.6. Vineria Aperta Srl reserves the right to suspend or delete a User’s account at its sole discretion and without prior notice if it deems the User’s conduct inappropriate, offensive, or in breach of these Terms. Suspension or deletion does not entitle the User to compensation or reimbursement. Users remain liable for applicable fees or prices.
4. Product Availability
4.1. If, after the submission of the Order by the Customer, the selected Goods are not available for any reason, Vineria Aperta Srl undertakes to promptly notify the Customer by email, indicating the possibility of purchasing other Goods of the same or higher quality.
4.2. In such cases, Vineria Aperta Srl will inform the Customer of the essential characteristics of the proposed alternative Goods and any other relevant information to support an informed choice.
4.3. Should the Customer decide not to proceed with the purchase due to the unavailability of the originally ordered Goods, the Agreement shall be considered legally terminated, and the Customer shall have no obligation to purchase. In this case, Vineria Aperta Srl will inform the Customer of the terms and procedures for refunding the price paid.
5. Shipping and Delivery Methods
5.1. Shipping costs vary depending on the size, weight, and destination of the selected items. Free shipping within Italy is available for orders above a certain threshold, depending on the delivery location. Quantity restrictions may apply for orders placed outside the European Union.
Shipping details for each country are listed in the relevant table. All information regarding delivery, applicable taxes and duties, and shipping destinations will be displayed in the cart.
5.2. Goods are shipped in certified packaging to ensure their safety. Our logistics partner is Fieramente SRL, which operates through the following couriers:
Within Italy, shipments are handled by BRT, TNT, and UPS.
Within Europe, shipments are managed via FedEx, UPS, TNT, and DHL.
For the rest of the world, shipments are carried out through FedEx, UPS, TNT, and DHL, with delivery times varying depending on the destination.
Delivery times, especially for international shipments, are indicative and calculated from the shipping date. Vineria Aperta Srl accepts no responsibility for customs delays but will make every effort to minimize inconveniences
.
5.3. Goods are shipped within seven (7) working days following receipt of the order. Delivery takes place on business days. As soon as the parcel is handed over to the courier, tracking is activated, and an estimated delivery date is provided. The shipment can be tracked using the link provided.
5.4. For orders within Italy, the European Union, and the United States, taxes and duties are included in the purchase price. No additional fees are due upon delivery. For EU orders, Vineria Aperta Srl will handle declarations regarding import charges and settlement. The excise amount paid by Vineria Aperta Srl will be shown separately in the cart and paid at checkout.
For orders outside the EU and the U.S., all applicable customs duties at the time of order completion will be borne by the Customer and must be paid upon customs clearance in the destination country.
5.5. No cancellations or address changes are permitted once the shipment has been confirmed by Vineria Aperta Srl.
5.6. If a change of delivery address is requested after shipment, the following process applies: delivery will first be attempted at the original address; if a change is requested, the parcel will be returned to the local warehouse and reprocessed for delivery to the new address. This process incurs an additional charge of €50.00, entirely at the Customer’s expense.
6. Right of Withdrawal for European Consumers Pursuant to the Consumer Code
6.1. European consumers have the right to withdraw from the Agreement without penalty, justification, or cost within 14 days of receiving the Goods. Notice of withdrawal must be sent in writing via registered letter with return receipt or certified email (PEC) to the contact details provided in section 1.3.
This right does not apply to Users who do not meet the relevant criteria.
6.2. The consumer must return the Goods to the address listed on the invoice within 14 days of delivery.
If multiple Goods were ordered and delivered separately, or if a single product was delivered in multiple lots or pieces, the withdrawal period expires 14 days after the Customer (or a third party other than the carrier) takes possession of the last item, lot, or piece. Return shipping costs are entirely borne by the Customer.
6.3. Vineria Aperta Srl will issue a refund of the amounts paid by the Customer, including the initial shipping costs indicated in the order confirmation email, as soon as possible and in any case within 14 days of the returned Goods arriving at the address listed in section 1.3. This article applies only if the Customer is a consumer as defined by the Consumer Code.
6.4. In case of damaged products, the Customer must return them to Vineria Aperta Srl, which will replace them at its own expense. If the products are no longer available and cannot be replaced, Vineria Aperta Srl will contact the Customer to offer alternative products or, if not accepted, to issue a refund.
6.5. There is no right of withdrawal for contracts relating to:
– the supply of custom-made or clearly personalized goods;
– the supply of sealed goods which are not suitable for return for health or hygiene reasons and which have been unsealed after delivery;
– the supply of alcoholic beverages whose price was agreed upon at the time the contract was concluded, whose delivery can only take place after thirty days, and whose actual value depends on market fluctuations beyond the control of Vineria Aperta Srl.
7. Intellectual Property Rights
7.1. All rights to this Website and its contents, including trademarks, distinctive signs, and any material subject to intellectual or industrial property rights, are the exclusive property of Vineria Aperta Srl and/or its licensors. No intellectual property rights are transferred to the Customer.
8. Jurisdiction
8.1. The Agreement is governed by Italian law. Any dispute relating to the application, execution, interpretation, or breach of the Agreement falls under the jurisdiction of the Court of Siena or, in the case of a Consumer Customer, the court of their place of residence.
9. Additional Provisions – Limitations of Liability
9.1. Vineria Aperta Srl assumes full responsibility for shipping via courier and is liable for any damage, provided it is documented and occurs before the Customer signs for the goods.
9.2. Vineria Aperta Srl shall not be held liable for delays in delivery or non-delivery due to exceptional and unforeseeable circumstances, such as civil unrest, vandalism, fires, floods, storms, internet or telecom outages, or other events beyond its control.
9.3. These General Conditions do not govern the sale of products or services by third parties that may be present on the Website via links, banners, or other hyperlinks. Users must verify the terms and conditions of such third parties before engaging in transactions.
9.4. Vineria Aperta Srl is not liable for services provided or products sold by third parties. Vineria Aperta Srl does not monitor and cannot control third-party websites linked through the Website. As such, it bears no responsibility for their content or any legal violations.
10. Permitted Use
10.1. The Website and Service may only be used for their intended purposes and in compliance with these Terms and applicable law.
10.2. The User is solely responsible for ensuring that their use of the Website and/or Service does not violate laws, regulations, or third-party rights. Vineria Aperta Srl reserves the right to take appropriate measures to protect its legitimate interests, including denying access, terminating agreements, or reporting unlawful activity, particularly when a User:
a. Falsely claims to meet access requirements (e.g., age or consumer status), misrepresents their identity, or impersonates others;
b. Defames, threatens, abuses, or otherwise violates others’ rights;
c. Promotes self-harm or physically dangerous behavior, including threats, glorification of trauma, or use of illegal drugs or excessive alcohol;
d. Attempts to test, probe, or circumvent security measures of the Website or Services, or introduces malware;
e. Abuses or overloads the technological infrastructure (e.g., spamming, automated data scraping without permission);
f. Posts unlawful, obscene, defamatory, or otherwise inappropriate content, including hate speech, racism, discrimination, pornography, or violence;
g. Publishes false or alarmist content;
h. Infringes intellectual property rights, engages in phishing, fraud, unauthorized advertising, or distributes malware or viruses.