Termini e condizioni

The following General Conditions of Sale regulate the offer and sale of products on this website https://celestialgin.it

The products purchased on the Site are offered and sold by

Ven Group s.r.l.
viale Milano 60
47838 Riccione
info@celestialgin.it
vengroup@pec.it
VAT number: 05192450269

(hereinafter referred to as Ven Group s.r.l.)

1. SCOPE OF APPLICATION

1.1 The sale of products via the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the rules of electronic commerce.

1.2 The General Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be in force from the moment of their publication on the Site. For this reason, users are invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date of sending the purchase order.

1.3 These General Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than Ven Group s.r.l. that are present on the Site via links, banners or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to verify their conditions of sale. Ven Group s.r.l. is not responsible for the provision of services and/or the sale of products by such parties. Ven Group s.r.l. does not carry out any checks and/or monitoring on the websites that can be consulted via such links. Ven Group s.r.l. is therefore not responsible for the contents of such sites or for any errors and/or omissions and/or violations of the law by the same.

2. PURCHASES ON THE SITE

2.1 With reference to Italian citizens, sales on the Site are reserved only to those who are 18 years of age. The buyer who is not an Italian citizen can purchase Products on the Site only if he/she is of legal age according to his/her national law. If there is no legislation in this regard, he/she must be at least 21 years old.

In any case, the user who makes purchases on the Site undertakes to indemnify Ven Group s.r.l. from any liability in the event that he/she has made purchases on the Site without respecting his/her national law regarding purchase limits for reasons of age.

2.2 Ven Group s.r.l. reserves the right to refuse or cancel orders that come from (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these General Conditions of Sale and/or the conditions and/or terms of a purchase contract with Ven Group s.r.l.; (iii) a user who has been involved in fraud of any kind and, in particular, fraud relating to credit card payments; (iv) by users who have provided false, incomplete or otherwise inaccurate identification data or who have not promptly sent Ven Group s.r.l. the documents requested by the latter under these General Conditions of Sale or who have sent invalid documents; (v) by users who do not provide sufficient guarantees of solvency. In any case, Ven Group s.r.l. reserves the right to cancel orders relating to transactions that do not present an absolute degree of genuineness.

2.3 With regard to purchases on the Site, it may happen that: the purchase procedure contains one or more material errors; the Product Sheet, as defined below, contains incorrect information due to material errors (e.g.: the price of the Product); due to a material error, a Product is indicated as available and instead is not available during the order preparation phase. In these cases, or in similar cases, the user can request cancellation of the order or obtain, in agreement with Ven Group s.r.l., a different Product, subject to any adjustment relating to the purchase cost.

3. REGISTRATION ON THE SITE

3.1 The purchase of Products on the Site is permitted to guests and registered users.

3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform Ven Group s.r.l. without delay in case of suspected improper use and/or disclosure of the same. The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful. The user agrees to hold Ven Group s.r.l. harmless from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the storage of the registration credentials. 

4. INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT

4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Ven Group s.r.l. informs the user that:

• to conclude the purchase contract for one or more Products on the Site, the user must fill out an order form in electronic format and send it to Ven Group s.r.l., electronically, following the instructions that will appear from time to time on the Site and that will accompany the various stages of the purchase;
• the contract is concluded when the order form reaches the Ven Group s.r.l. server;

• once the order form has been registered, Ven Group s.r.l. will send the user, via email to the email address indicated, the order confirmation, containing information relating to the characteristics of the purchased Product, the detailed indication of the price, the means of payment used, the delivery costs and any additional costs as well as the Customer Service contacts, to whom the user can contact to request assistance and/or submit complaints. It is recommended to keep the email received as proof of purchase. The General Conditions of Sale and information on the right of withdrawal, as well as the Privacy Policy of Ven Group s.r.l., will be available via links at the bottom of the order confirmation emails of the purchased Product that refer to the relevant pages of the Site.
• the order form will be archived in the Ven Group s.r.l. database for the time necessary to process the order and, in any case, within the terms of the law. To access your order form, the user can consult your account.

5. VALIDITY OF OFFERS AND PRICES

5.1 All Product prices are expressed in Euros (€) and are inclusive of Value Added Tax (“VAT”), unless otherwise specified. Any additional costs will be expressly and separately indicated in the order form, before the user proceeds to transmit the same.

5.2 The price of the Products may be modified by Ven Group s.r.l. at any time, without notice, it being understood that the price charged to the user will be the one published on the information sheet that illustrates the main characteristics of the Product (Product Sheet) at the time the order is sent. Any price variations (increases or decreases) subsequent to the transmission of the order will not be taken into account.

5.3 Products may be offered for sale on the Site at discounted prices. The full price indicated on the Site (Crossed Out Price), and on which the discount applied by Ven Group s.r.l. is calculated, corresponds to the list price published on the Site.

6. PURCHASE ORDERS – PRODUCT INFORMATION

6.1 Ven Group s.r.l. will process the purchase order, and therefore ship the purchased Product, with the exception of orders for which the Customer has chosen “cash to the courier” as the payment method, only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applicable, and any other additional costs, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered terminated by operation of law pursuant to and for the purposes of art. 1456 c.c.

6.2 The Products will remain the property of Ven Group s.r.l. until the user has paid the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to Ven Group s.r.l., will instead be transferred to the user when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Products.

6.2 The Products will remain the property of Ven Group s.r.l. until the Total Amount Due has been paid by the user. The risk of loss or damage to the Products, for reasons not attributable to Ven Group s.r.l., however, will be transferred to the user when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Products.

6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. Furthermore, the images of the Product in the Product Sheet may differ in terms of vintage and/or size or in relation to any accessory products. These images must therefore be understood as indicative and with the usual tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will be valid.

6.4 All Products contain sulphites, as the wine production process itself implies the presence of sulphites in the same. However, it is possible that other sulphites may be added during the wine production process; in some cases, however, it is possible that no “added” sulphites are present in a wine.

6.5 The purchase of gift vouchers does not affect the payment threshold which, once exceeded, gives the user the right to obtain free shipping of the Products.

7. PRODUCT AVAILABILITY

7.1 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.

7.2 In any case of unavailability of the ordered Product, without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail or by telephone. The user will therefore be entitled to terminate the contract, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code. In the event that the user exercises the right of termination pursuant to art. 61, paragraphs IV and V, of the Consumer Code or in any case in which the payment of the Total Amount Due has already occurred, Ven Group s.r.l. will refund this amount without undue delay and, in any case, within a maximum of 15 working days from the date of collection. This amount will normally be credited to the same payment method used by the user for the purchase or the different method agreed between the user and Ven Group s.r.l.. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used.

7.3 In the case of orders concerning a plurality of Products (Multiple Order), if the subsequent unavailability concerns only some of the Products which are the subject of the Multiple Order, without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 7.2, Ven Group s.r.l. will immediately notify the user by e-mail or telephone. The user will therefore be entitled to terminate the contract, limited to the Product(s) which have become unavailable, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code. In the event that the user avails himself of the right of termination pursuant to art. 61, paragraphs IV and V, Consumer Code, in relation to the Product(s) that have become unavailable or in any case in which the payment of the Total Amount Due has already occurred, Ven Group s.r.l. will refund the amount due in relation to such Product(s), including delivery costs and any other additional costs due specifically in relation to such Products (Partial Amount Due) without undue delay and, in any case, within a maximum of 15 working days from the sending of the order. The amount of the refund will be communicated to the user via email or telephone. This amount will be credited to the same payment method used by the user for the purchase or via the method agreed between the parties. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. The resolution of the entire Multiple Order will be possible only in the case of evident and proven accessoriness of the Products subject to the Multiple Order that have become unavailable compared to the other Products subject to the Multiple Order available.

8. DELIVERY OF PURCHASED PRODUCTS

8.1 The amount of delivery costs owed by the user in relation to a specific order is expressly and separately indicated(in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds to transmit the order. In the event of failure to indicate a specific delivery term, it will take place, in any case, within thirty days from the date of conclusion of the contract.

8.2 The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user.

It is up to the user to verify the conditions of the Product that has been delivered to him/that he has collected. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Ven Group s.r.l. is transferred to the user when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Product, the user is advised to check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials and the user is invited, in his interest, to indicate any anomalies on the carrier’s transport document, accepting the package with RESERVATION (e.g. damaged package, wet package, non-original Ven Group s.r.l. branded tape). In fact, the receipt of the Products without reservations does not allow the user to take legal action against the courier and/or Ven Group s.r.l., in the event of loss or damage to the Products, except in the case in which the loss or damage is due to fraud or gross negligence of the courier himself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is discovered and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also advised to promptly notify the Customer Service of Ven Group s.r.l.. If the order is not delivered correctly, please contact us within 30 days of the order date to allow us to carry out the appropriate checks with the courier. In any case, the application of the rules regarding the right of withdrawal and the legal guarantee of conformity remains unchanged.

8.3 The provisions of art. 61 of the Consumer Code apply in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.

8.4 Shipments of orders made on the Ven Group s.r.l..com website will only be possible in Italy

9. PAYMENT METHODS

9.1 Payment for the Products can be made by credit card, through the Stripe payment solution or bank transfer. In the event that one of these payment methods/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the start of the purchase procedure.

9.2 Payment by credit or debit card

9.2.1 Payment for the Products can be made by credit or debit card directly through the Stripe platform.

9.2.2 In order to guarantee the security of payments made on the Site and prevent any fraud, Ven Group s.r.l. reserves the right to ask the user, by email, to send, by the same means, a copy of the front and back of his/her identity card and, in the event that the order holder is different from the card holder, of the identity card of the latter. The document must be valid. The request email will specify the deadline by which the document must reach Ven Group s.r.l.. In any case, this deadline will not exceed 5 working days from receipt of the request by the user. While waiting for the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.

9.2.3 In the event that Ven Group s.r.l. does not receive such documents within the deadline specified in the request email or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code and Ven Group s.r.l. may reserve the right to cancel the order, with consequent reimbursement of the Total Amount Due.

9.2.4 In the event that Ven Group s.r.l. receives valid documentation within the deadline indicated in the email referred to in art. 9.3.2 above, the delivery terms will run from the date of receipt of the same.

9.2.5 The confidential data of the credit card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers of which Ven Group s.r.l. uses. Ven Group s.r.l. therefore never has access to and does not store the credit card data used by the user to pay for the Products (this also applies if the user has decided to store the credit card data on the Site), with the exception of the name of the credit card holder.

9.3 Payment using the Stripe payment solution

9.3.1 Payment for the Products purchased on the Site can be made using the Stripe payment solution. If the user chooses Stripe as the payment method, he will be redirected to the site www.stripe.it where he will pay for the Products according to the procedure provided for and regulated by Stripe and the terms and conditions of the contract agreed between the user and Stripe. The data entered on the Stripe website will be processed directly by the same and will not be transmitted or shared with Ven Group s.r.l.. The latter is therefore not able to know and does not store in any way the credit card data linked to the user’s Stripe account or the data of any other payment instrument connected to that account.

9.3.2 In the case of payment via Stripe, the Total Amount Due will be charged by Stripe to the user at the same time as the conclusion of the contract via the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to the user will be credited to the user’s Stripe account, unless otherwise agreed between the User and Ven Group s.r.l.. The times for crediting the payment instrument linked to that account depend exclusively on Stripe and the banking system. Once the credit order has been placed in favor of that account, Ven Group s.r.l. cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to contest which the user must contact Stripe directly.

9.4 Cash on delivery (currently not active)

9.4.1 In the case of payment by cash on delivery, the user must have, at the time of delivery, the Total Amount Due, in cash. The courier is not authorized to accept checks. In the event that, for any reason, the customer who has chosen cash on delivery as a means of payment should be entitled to a refund, Ven Group s.r.l. will agree with the user by email or telephone on the methods of carrying out such refund. This payment method is currently not active.

9.5 Bank transfer

9.5.1 If the user decides to pay by bank transfer, the order will be shipped as soon as Ven Group s.r.l. will have received the credit of the amount relating to the order.

10. RIGHT OF WITHDRAWAL

10.1 The user who is a consumer has the right to withdraw from the contract concluded with Ven Group s.r.l. without having to bear costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

• in the case of an order relating to a single Product, 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 Product;
• in the case of a Multiple Order with separate deliveries, 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 last Product;
• in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, 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 last lot or piece.

10.2. To exercise the right of withdrawal, the user must inform Ven Group s.r.l. of his decision to withdraw, before the expiry of the Withdrawal Period.

10.3 To exercise the right of withdrawal, the user must send a request via the page contatti with an explicit declaration of his decision to withdraw from the contract (Withdrawal Declaration). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is on the user, it is in the user’s interest to keep a copy of the email sent to Ven Group s.r.l. with the Withdrawal Declaration.

10.4 To return the Product, the user can use a carrier of his choice with return costs borne by the user: in this case, the user, after having exercised the right right of withdrawal in the manner indicated in this article, must return the Product to Ven Group s.r.l., using a carrier of his/her choice and at his/her own expense, without undue delay and in any case within 20 calendar days from the date on which he/she communicated to Ven Group s.r.l. his/her decision to withdraw. The deadline is respected if the user sends back the Product before the expiry of the fourteen-day period. The Product, appropriately protected and packaged, must be sent to the following address:

Ven Group s.r.l.
viale Milano 60
47838 Riccione
info@celestialgin.it
vengroup@pec.it
P.Iva: 05192450269

The direct costs of returning the Product to Ven Group s.r.l. are borne by the user. The return of the Product to Ven Group s.r.l. occurs under the responsibility of the user.

If the user has used a discount code to purchase the Product for which he/she 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.

10.5 If the user withdraws from the contract, Ven Group s.r.l. will refund the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from the day on which Ven Group s.r.l. received the Products subject to withdrawal in the same conditions in which they were sold. The refund will be made using the same means of payment used by the user for the initial transaction or the different means agreed between the parties; in any case, the user will not have to bear any additional costs as a consequence of such refund.

10.6 In the case of partial withdrawal, the amount of delivery costs to be returned to the user following the withdrawal will be calculated proportionally to the value of the goods subject to withdrawal.

10.7 The user is solely responsible for the decrease in value of the goods resulting from handling of the Product other than that necessary to recognize the Product with certainty. The Product must however be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the Product and intact and not tampered with, as well as free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute autonomous Products) of the Product.

10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. Ven Group s.r.l. will notify the user, rejecting the request for withdrawal. The Product, if already received by Ven Group s.r.l., will remain at Ven Group s.r.l. at the user’s disposal for collection, which must take place at the user’s expense and under his/her responsibility.

10.9 In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to clearly identify them, the refund amount will be reduced by an amount equal to such decrease in value. Ven Group s.r.l. will inform the user of the circumstance and the resulting decreased refund amount, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product.

10.10 In the event that, in one of the legal hypotheses, the right of withdrawal does not apply, specific and express communication of this exclusion will be given in the Product Sheet and, in any case, during the purchase process, before the user proceeds to transmit the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the event that the sale concerns:

(i) products made to measure or clearly personalized;
(ii) sealed products that are not suitable for return for reasons of hygiene or related to health protection, which have been opened after delivery.

11. MISCELLANEOUS

11.1 By placing an order on the Site, the user consents to receive the invoice, if requested, only in electronic format. The invoice may be printed and archived as an original in accordance with Ministerial Circular 45/E, 19/10/2005. For the issuing of the invoice, the information provided for this purpose by the user will be valid, which he declares and guarantees esbe true, obliging to hold Ven Group s.r.l. harmless and indemnified from any damage, including sanctions issued by the competent authorities, that may arise in the event of non-correspondence of the same.

11.2 Ven Group s.r.l. is a registered trademark. Photos, texts, descriptions and everything contained in the Site are the property of Ven Group s.r.l. S.R.L.. The full or partial reproduction of any part of the Site is prohibited; the reproduction of texts or photos for any use and in any form and in any case without prior written authorization from Ven Group s.r.l. S.R.L. is also prohibited.

11.3 Ven Group s.r.l. is not responsible for any damage suffered by the user or by third parties or to things owned by the user or third parties due to delays in delivery or related to the use of the Product.

12. LEGAL GUARANTEE OF CONFORMITY

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of Legislative Decree no. 128-135 of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made the purchase on the Site for purposes other than any entrepreneurial, commercial, artisanal or professional activity they may carry out. Those who have purchased on the Site and who do not have the status of consumers will be subject to the guarantees for defects in the item sold, the guarantee for lack of promised and essential quality and the other guarantees provided for by the civil code with the related terms, forfeitures and limitations.

13. APPLICABLE LAW AND JURISDICTION; OUT-OF-COURT SETTLEMENT OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION

13.1 Contracts concluded between users of the Site and Ven Group s.r.l. are governed by Italian law. The application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities of communicating the same and the legal guarantee of conformity.

13.2 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), Ven Group s.r.l. informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he has submitted a complaint to Ven Group s.r.l., following which it has not been possible to find a negotiated solution, Ven Group s.r.l. will provide information regarding the Alternative Dispute Resolution bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code).

Ven Group s.r.l. also informs the user who has the qualification of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online dispute resolution procedure in which he is involved.

In any case, the consumer’s right to appeal to the competent ordinary court for the dispute arising from these General Conditions of Sale is reserved.

13.3 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.

14. CUSTOMER SERVICE AND COMPLAINTS

14.1 It is possible to request information, send communications, request assistance or forward complaints by contacting Customer Service in the following ways:

• By sending us a request from the page contacts.

14.2 Ven Group s.r.l. will respond promptly to complaints submitted, in any case within five working days of receiving them.