General Terms and Conditions of Contract

1. DEFINITIONS
"Seller" means the company MYTAILOREDWINE simplified s.r.l., fiscal code and VAT number 10897910013, in the person of the legal representative pro tempore, based in 10123 – Torino (Italy), Via Giolitti 24, with a stock capital of 200.00 €.
"Customer" means the natural person or a legal entity making purchases on the Website, accepting the general conditions of sale.
"Parties" means the Customer and the Seller being construed accordingly.
"Site" is the website www.mytailoredwine.com that sells the Product.
"General Conditions of sale" means the set of dispositions reported on this document that regulate the terms and conditions applicable on the Contract between the Customer and the Seller.
"Contract" means the contract consisting in the sell of the Product, based on the general Conditions of sale.
"Product" or "Products" means the object or the objects sold after the Order.
"Order" means the purchase form of the Product, filled in by the Customer on the Site.
"Good" means the type of wine or the composition of wines chosen by the Customer by means of the Order made on the Site.
"Price" means the corresponding amount to be paid for the Product, including: the grapes, the winemaking and all materials including bottles, label design and packaging. It also includes the value of the professional consultancy that is provided and the time our winemakers dedicate to clients. The price does not include shipping costs.
"Manufacturing" means the production process that ends with the manufacturing of the Product.
"Phases of manufacturing" are the single phases of the process of Manufacturing.
2. CLOSURE OF THE CONTRACT
The Product is for sale, based on the general Conditions of contract published on the Site at the moment of the Order. The contract is closed and effective for the parties with the conclusion of the process of Order, through which the Seller receives the Order confirmation.
The Seller shall send to the Customer a notice to the email address or to other addresses specified in the Order, including a summary of the Order itself (for example: date, order, total price, price of the single Phases of manufacturing, estimated lead time, etc.). The Customer can cancel the Order within 10 working days from its making, sending an email or a fax to the address indicated on the Site.
Should the Order be cancelled after the deadline of 10 working days, the Seller has a right to retain the amount corresponded by the Customer till then. The Contract replaces other possible previous agreements between the Parties and represents the entire pact between them, together with the Order and the general Conditions of contract.
3. TERMINATION OF THE CONTRACT
The right of the Customer to raise objections in order to prevent or delay the due services cannot be excercised. The Customer has no termination right, whatsoever, except for the termination provided by the previous article. Moreover, the termination right is excluded for the Customer that can be described as customer according to the law no. 206/2006, as the supply consists in custom made or clearly personalised goods.
The partial impossibility of the Contract does not jeopardise its effectiveness, except for the modification of the Order. In any case, the Seller can terminate the contract if he does not have a relevant interest in the partial fullfilment.
4. TIMES AND CONDITIONS OF MANUFACTURING AND DELIVERY
The time of Manufacturing of the Product indicated in the Order or on the Site is purely approximate and it may be subject to modifications, as it depends on facts and natural events beyond the reasonable power of the Seller to control and forecast them. The delivery of the Product to the shipping address provided by the customer in the Order is made by pony express.
The estimated lead time of the Product is calculated from the moment in which the Manufacturing is concluded and it is the responsibility of the Seller to notify the Customer the delivery timeframe of the item, compatibly with the necessary administrative and bureaucratic procedures. The estimated lead time is in any case purely approximate and not strictly binding, as it depends on import and control procedures and on quantitative restrictions on entry into each Country, as well as the administrative regulations usually subject to frequent modifications.
Each sell is made ex-warehouse and free carrier and the Seller shall fulfill the duties of delivery of the products when the item is at the Customer's or at the chosen carrier's disposal. In particular: - the Seller is responsible for the loading only if the delivery is made within its rooms; - the costs and the risks (including the customs formalities) are at the expense of the Seller until the carrier, as arranged, takes the delivery of the item.
- the costs and the risks are at the expense of the Customer from the moment in which the Customer and, therefore, the carrier receives the item. Consequently, the Seller is not responsible for transportation, used vehicles, chosen itinerary and possible higher costs that may be applied by the carrier. This means that the transportation service agreement is reached by the Seller in the name and in behalf of the Customer.
The delivery shall be made at the address specified in the Order. In any case the Seller is not responsible for the non-fulfilment or the delay of the delivery because of force majeure or unforeseen incidents like, for example, provisions from the Authorities, strikes of the employees – the Seller's and the supplier's ones – or any other circumstance beyond the Seller's control.
5. DUTIES OF THE CUSTOMER
The Customer shall communicate correct, truthful and complete data about: personal details, addresses and other information relevant to the fulfillment of the Order, also within the law against money-laundering. The Customer shall pay the price of the purchased Product, meeting the deadlines and the arranged methods, and shall save a copy of the Order confirmation sent by the Seller to the email address – as preferential means of communication between the Parties – specified by the Customer itself at the moment of registration on the Site, or to other specified addresses.
The Customer shall not trade or supply the Product professionally and continuously, on its own or on behalf of a third party.
6. PRICES AND PAYMENT METHODS
The Price is expressed in Euros (€) and includes the VAT applicable to the products at the moment of the closure of the contract. The Price indicated at the end of the Order does not include shipping charges. Shipping charges are separated from the Order, at the specific costs per country ( if the shipping address is covered by the distribution network of MyTailoredWine) indicated on the Site. The Price shown on the Site or on the Order includes: the grapes, the winemaking and all materials including bottles, label design and packaging. It also includes the value of the professional consultancy that is provided and the time our winemakers dedicate to clients. The Price might undergo changes due to force majeure or unforeseen incidents or to facts not ascribable to the Seller (for example to natural events, to law, to changes in the prices of the suppliers, to promotions, etc.). In case of already confirmed orders, the Customer shall be promptly informed about the change of price. The modification of the price shall not result in the termination of the Contract and shall not be higher than 10% of the value of the Order.
The price indicated may be subject to typographical errors. To every Phase of Manufacturing corresponds a part of the Price, as it is better described on the Site. Payment shall be made within 10 working days from the purchase of the Order and, afterwards, within 10 working days after the end of every single Phase of Manufacturing. Payment methods are:
(i) credit card
(ii) bank transfer
(iii) non-negotiable cashier's check The delay of the Customer in the non-fulfillment exempts the Seller from any responsibility for the deterioration of the Good or the Product.
7. COPYRIGHT, BRANDS AND TRADEMARKS
Brands, logos and other trademarks on the Site concerning marketing strategies, sale and manufacturing of the Products are the property of their respective holders.
The use of brands, logos and other trademarks – including reproduction on other websites – by an unauthorised third party is forbidden, except for what specified on the Site or by an appropriate notice. The contents of the Site (texts, graphics, images and animations) are protected by copyright.
8. PRIVACY POLICY
The personal data transmitted by the Customer in order to carry out the Contract shall be processed by the Seller in accordance with the d.lgs 2003 no.196 (Italian Personal Data Protection Code). The Seller, within the above-mentioned law, declares that the Customers' personal data are collected to allow the purchase to be made on the Site and to offer personalised products and services, as well as to sign the Customers up for the services offered by the Site, including the possibility to make purchases and advertising, within the current regulation. In absence of this data, it shall not be possible for the Customer to benefit from the services offered by the Seller.
The processing of personal data shall be guaranteed in the frame of the execution of the contractual and legal obligations, such as supply of goods and services, invoicing, entries and mandatory notices to the institutions, as well as notices to banking-houses or similar. The Customer's data may also be transmitted to administrative and tax consultants or to other legal personalities, in case they require them or in compliance with the law.
The Customer's email address may be used to send notices, newsletters, commercial information and offers on products and services. In order to personalise the commercial offers proposed, profiling operations may be conducted, exclusively on common and not confidential data. To this aim, the Seller uses "cookies" to know when the Customers access the Site and to personalise the surfing. The "cookies" may be removed in any moment through the browser.
The users registered on the Site may avail themselves of the rights provided by the Italian Personal Data Protection Code (art.7 d.lgs 2003 no.196) in any moment, such as consulting, modifying or deleting the data on the Site or contacting us at the following email address: info@mytailoredwine.com.
The Holder and Person in charge of the collected data is Federico Genta Ternavasio, Sole Administrator of the company MyTailoredWine simplified s.r.l., fiscal code and VAT number 10897910013, 10123 – Torino (Italy), Via Giolitti 24.
9. COMMUNICATIONS
All the communications between the Parties shall be done in writing and sent to the address of the other Party indicated on the Order. The communications transmitted by email, also certified, to the address specified by the Customer at the moment of the Order and by the Seller on the Site shall be considered in writing as well. The e-mail address shall be considered as the preferential address between the Parties for all the communications, unless otherwise agreed and otherwise disposed in these general Conditions of contract.
The communications concerning the validity, effect or existence of the Contract or the Order shall be exclusively delivered by means of registered mail or through certified electronic email.
10. APPLICABILE JURISDICTION AND COURT OF COMPETENT JURISDICTION
The general Conditions of the contract, the Contract and the Order are regulated, interpreted and executed in compliance with the dispositions of Italian law and the predominant language is Italian. The Parties mutually agree that the application of the The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded.
For any dispute regarding the general Conditions of contract, the Contract or the Order that may arise between the Parties, the court of competent jurisdiction shall be the Court of Torino (Italy), with the express exclusion of any other or competing court. In case of application of the d.lgs. 106/2005, the competent court will be the one of residence or domicile chosen by the Customer at the moment of the Order, if located in Italy.

Torino,
MyTailoredWine
The Sole Administrator

According to the articles 1341 and 1342 of the Italian Civil Code, the Parties mutually agree on all the clauses inserted in this contract, and in particular on clause 2, paragraph 4 and 5, Closure of the contract, clause 3 Termination of the contract, clause 4, paragraph 5 and 6, Times and conditions of manufacturing and delivery, clause 5, paragraph 3, Duties of the customer, clause 6, paragraph 4 and 9, Prices and payment methods, clause 7 Copyright, brands and trademarks, clause 8 Privacy policy, clause 10 Applicable jurisdiction and court of competent jurisdiction.


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