What’s in these terms?

These terms tell you the rules for using our website wiloclub.it (“our website” or “WiLo Club’s website”) and sets out the terms on which:

(a) you can purchase products directly from our selected Italian wineries through our website; and,
(b) we will arrange/facilitate delivery of the products to you.

 

SECTION 1

Who we are and how to contact us

This website is operated by B&T Service S.R.L. t/a WiLo Club (“We”, “our”, “us” or “WiLo Club”). We are registered in Italy under VAT number 01106710997 and have our registered office at Via Giacomo Bruzzo 2C, 16172 Genova, Italy.

To contact us, please email service@wiloclub.it.

If you need to get in touch with a seller about an order, please visit the relevant seller page by searching the seller name via our website.

Using our website

You may only browse this website and purchase alcoholic products if you are above legal drinking age according to the laws of your living country.

By using our website you accept these terms

By using our website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our website. We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

The following additional terms also apply to your use of our website:

• • Our Privacy Policy & Cookie Policy which sets out information about the management of your data and the cookies on our website.
  • If you purchase products from our website, Section 2 these terms will apply to those sales.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our website

We may update and change our website from time to time to reflect changes to our products, our users’ needs and our business priorities.

We may suspend or withdraw our website

Our website is made available free of charge.

We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at service@wiloclub.it.

How you may use material on our website

We are the owner or the licensee of all intellectual property rights in our website, and of the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organization to content posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged. You must not use any part of the content on our website for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our website is accurate, complete or up to date.

We are not responsible for our websites we link to

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked to our website or information you may obtain from them. We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which are set out in our terms and conditions of supply in Section 2.

If you are a business user:

• • We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

− use of, or inability to use, our website; or

− use of or reliance on any content displayed on our website.

In particular, we will not be liable for:

− loss of profits, sales, business, or revenue;

− business interruption;

− loss of anticipated savings;

− loss of business opportunity, goodwill or reputation; or

− any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy & Cookie Policy.

When you purchase products through our website, you are contracting directly with the individual Sellers. They will use your personal information as set out in their own privacy policies.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Rules about linking to our website

You may link to any page on our website, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our website in any website that is not owned by you. Our website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our website other than that set out above, please contact service@wiloclub.it.

Acceptable Use of Our website

Prohibited uses

You may use our website only for lawful purposes. You may not use our website:

• • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful, fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To transmit or procure the sending of any unsolicited or unauthorized advertising, promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• • Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these terms of our website use.
  • Not to access without authority, interfere with, damage or disrupt:

− any part of Our website;

− any equipment or network on which Our website is stored;

− any software used in the provision of Our website; or

− any equipment or network or software owned or used by any third party.

Breach of the terms in this Section 1

When we consider that a breach of this Section 1 has occurred, we may take such action as we deem appropriate. Failure to comply with these terms of use upon which you are permitted to use our website, and may result in our taking all or any of the following actions:

• • Immediate, temporary or permanent withdrawal of your right to use our website.
  • Immediate, temporary or permanent removal of any contribution uploaded by you to our website.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Italian law. You and we both agree that the court of Italy will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Italian law. We both agree to the exclusive jurisdiction of the court of Italy.

SECTION 2

Where you purchase products from a Seller

1- Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

• 1.1 You are an individual.
• 1.2 You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

2- You may only purchase products from the Website if you meet the legal age requirement for that product in your country. Most products on the site are alcoholic and can only be purchased if you satisfy the legal age requirement for that product in your country. The Seller is not allowed by law to supply these products to you if you do not satisfy these age requirements. You acknowledge and accept that the Seller may perform proof of age checks when you make an order for a product or on delivery of the product. By placing an order for products through our website, you consent to these checks being carried out. If you do not consent to these checks being carried out, you should not order products through our website.

3- This section sets out the terms and conditions on which each seller (as identified on the order pages of our website (“Seller”)) supplies products to you. If multiple sellers are identified on the order page, you are entering into a contract with each Seller on these terms and conditions individually. The relevant Seller(s) for specific products are identified on the web page when you place your order, and subsequently confirmed in your order confirmation.

4- WiLo Club does not sell the products. WiLo Club has created an online service to facilitate your order for products through our website. WiLo Club is authorized by each Seller to give effect to this contract on the terms set out herein on their behalf. WiLo Club accepts no liability in respect of any contract entered into between you and any relevant Seller.

5- Please read these terms carefully before you submit your order. These terms tell you how Sellers will provide products to you, how you and Sellers may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact WiLo Club to discuss.

6- If you have any queries or issues with your order, you can contact WiLo Club in the first instance using the contact details provided.

7- If WiLo Club (for itself or on behalf of a Seller) has to contact you, this will be done by telephone or by writing to you at the email address or postal address you provided in your order. “Writing” includes emails.

8- Acceptance of your order will take place when you receive a confirmation email, at which point a contract will come into existence between you and each relevant Seller for the sale of the products, and between you and WiLo Club for the delivery of the products.

9- If a Seller is unable to accept your order, you will be informed of this in writing and you will not be charged for the product(s). This might be because the product is out of stock, because of unexpected limits on resources which the Seller could not reasonably plan for, because a credit reference obtained for you does not meet the Seller’s minimum requirements, because the Seller has identified an error in the price or description of the product or because the Seller is unable to meet a delivery deadline.

10- An order number will be assigned to your order and you will be told what it is when your order is accepted. It will help the Seller and WiLo Club if you reference the order number whenever you contact either of them about your order.

11- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on our website.

12- All products are subject to availability. In the event that your order cannot be fulfilled, you will be provided with an appropriate refund.

13- The Seller is not responsible for any delay in processing or delivering your order if any information you have provided which is reasonably necessary for the fulfillment of your order is incorrect.

14- The costs of delivery of the products will be displayed to you at the time you place your order.

15- You will be contacted with tracking details for your order once it has been confirmed, and the Seller will use reasonable endeavors to make such delivery according to the shipping service selected during checkout.

16- The Seller is not responsible for delays outside its control. If supply of the products is delayed by an event outside the Seller’s control, then you will be contacted as soon as possible to let you know and the Seller will take steps to minimize the effect of the delay. Provided the Seller does this, the Seller will not be liable for delays caused by the event.

17- Deliveries are made by third party delivery service providers selected by the Seller and WiLo Club. Someone of legal drinking age at the delivery address must be available to take delivery of the products. If no one of the required age is available at your address to take delivery, you will be informed of how to rearrange delivery.

18- You should keep your delivery note and all packaging and should notify the relevant Seller (via the email address provided to you in your order confirmation) immediately if any of the order is missing or damaged. Please ensure you take photos of any damage, and email them to the Seller when you notify the Seller about the damage and/or missing products.

19- After 3 failed delivery attempts, you will be contacted with further delivery instructions. If, despite reasonable efforts, the Seller is unable to make delivery to you the Seller will charge you for storage costs until such time as the products can be delivered to you, and also any additional costs of delivery.

20- If the Seller fails to make delivery within 40 (forty) days from the date you place your order (except where such failure is due to your failure in receiving delivery) then you may either wait for your product to be delivered or you may terminate your contract at any time before your products are delivered.

21- If you do choose to terminate the contract for late delivery under clause 20, your order will be canceled. After that the Seller will refund any sums you have paid for the canceled order and the delivery.

22- Products will be your responsibility from the time the Seller, or its nominated delivery service provider delivers the products to the address you gave when you placed your order. Title to the products shall pass to you once your order is confirmed and a delivery tracking number is notified to you. If you terminate your order (and this contract), title in the products shall pass back to the relevant Seller on the date you notify the Seller that you want to terminate your order. If the products have already been delivered to you before you terminate this contract, the products are your responsibility until the products are collected by WiLo Club on behalf of the Seller. You must keep the products safe and not damage them in any way.

YOUR RIGHTS TO END THE CONTRACT

23- Terminating the contract. You can terminate the contract (and cancel your order) if:

• • 23.1 the Seller is in breach of these terms;
  • 23.2 you are a consumer, and you tell us that you want to terminate at any time between the period when you place your order and up to 14 days after the day you (or someone you nominate) receives the products you have ordered. If you are a business this option is not available to you.

24- How to terminate the contract. Subject to clause 23, to terminate the contract with the Seller, please let the Seller know by doing one of the following:

• • 24.1 Email. Contact customer services at service@wiloclub.it providing the relevant Seller information, including the order confirmation. Please provide your name, home address, details of the order (including order number) and, where available, your phone number and email address.
  • 24.2 Online. Contact us via the following form on WiLo Club’s website.

25- Consequences of terminating the contract. The contract will end on the date the Seller receives notification from you that you wish to terminate it in accordance with the reasons set out in clause 24. Your order will be canceled and the Seller will refund you as follows:

• • 25.1 If you are a consumer and you have terminated before the products have been dispatched to you, the Seller will refund you in full for any products you have ordered, (including the delivery fee);
  • 25.2 if you terminate the contract for the reasons set out in clauses 23.1 to 23.2 above, after products have been dispatched to you or you have received them, you must arrange for their return to the Seller. WiLo Club will arrange for the products to be collected from you on behalf of the Seller. Please email WiLo Club at service@wiloclub.it to arrange collection. The Seller will refund you the price you paid for the products, and any delivery costs, by the method you used for payment. However, the Seller may make deductions from your refund, as described below.

26- Deductions from your refund. If you are a consumer and have terminated under clause 25.1:

• • 26.1 you must pay the costs of collecting the products and returning them to the Seller and the Seller may reduce your refund of the price to reflect the direct costs of the collection;
  • 26.2 the Seller may reduce your refunds of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If the Seller refunds you the price paid before the Seller is able to inspect the goods and later discovers you have handled them in an unacceptable way, you must pay the Seller an amount equal to the diminution in value of the products.
  • 26.3 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method WiLo Club offers. For example, if WiLo Club offer delivery of a product within [20] days at one cost but you choose to have the product delivered within [10] days at a higher cost, then WiLo Club will only refund what you would have paid for the cheaper delivery option.

27- If you terminate because the Seller is in breach of its obligations under this Contract, the Seller will pay the costs of collecting the products for return.

28- When your refund will be made. The Seller will refund you:

• • 28.1 within 14 days from the day on which it receives the products back (if delivered to you); or
  • 28.2 within 14 days of when you notify the Seller that you want to terminate this contract in accordance with clause 23; or
  • 28.3 within 14 days of agreeing to refund you for a faulty product in accordance with clause 30 (below).

 IF THERE IS A PROBLEM WITH THE PRODUCT

29- If you have any questions or complaints about a product, please contact the relevant Seller using the contact details provided in your order confirmation. If you cannot get in touch with the relevant Seller, you can contact WiLo Club who will pass on any complaint or query to the relevant Seller on your behalf.

30- If any product is faulty (for example it is damaged/broken, corked, oxidized or appears otherwise out of condition) when it is delivered, you must notify the Seller within 30 (thirty) days and the Seller will, unless any agreement is reached for the replacement of any faulty products, refund you for the faulty products in accordance with clause 28 (above). The Seller reserves the right to ask you to provide evidence of the fault and/or to collect the faulty bottle for inspection (at the Seller’s cost).

31- If you are a business customer, the Seller will not be liable for faulty products if:

• • 31.1 you make any further use of such product after giving a notice in accordance with clause 30;
  • 31.2 the defect arises because you failed to follow the Seller’s oral or written instructions as to the storage, or drink by date of the product or (if there are none) good trade practice;
  • 31.3 the defect arises as a result of wilful damage, or negligence.

32- If you are a business customer, except as provided in clause 30, the Seller shall have no liability to you in respect of any faulty products.

PRICE AND PAYMENT

33- Where to find the price for the product. The price of the product (which does include local taxes, Italian VAT) will be the price stated on the checkout pages when you place your order.

34- If the rate of VAT tax changes between your order date and the date the Seller supplies the product, the Seller will adjust the rate of sales tax that you pay, unless you have already paid for the product in full before the change in the rate of sales tax takes effect.

35- What happens if the price is wrong. It is always possible that, despite best efforts, some of the products sold may be incorrectly priced. Prices will normally be checked before your order is accepted so that, where the product’s correct price at the time and on the date of your order is less than the stated price at your order date, you will be charged the lower amount. If the product’s correct price at your order date is higher than the price stated to you, you will be contacted for your instructions before your order is accepted. If your order is accepted and processed where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, the Seller may end the contract and refund you any sums you have paid and require the return of any products provided to you.

36- When you must pay and how you must pay. All Sellers accept payment with VISA, MasterCard and American Express credit cards, in addition to cash if you pay locally while visiting the Seller winery. You must pay for the products before they are dispatched. For online orders, Stripe facilitates payment of your order to the Seller and they have their own terms and conditions which apply to the processing of your payment. Their terms and conditions are available here https://stripe.com/ssa.

THE SELLER’S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

37- The Sellers are responsible to you for foreseeable loss and damage caused by them. If the Seller fails to comply with these terms, they are responsible for loss or damage you suffer that is a foreseeable result of their breaking this contract, but they are not responsible for any loss or damage that is not foreseeable.

38- The Sellers do not exclude or limit in any way any liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by the Seller’s negligence, or the negligence of its respective employees, agents or subcontractors; or for fraud or fraudulent misrepresentation. Only if you are a consumer, this also includes for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you and any sample seen or examined by you; of satisfactory quality; fit for any particular purpose made known to the Seller; and for defective products under the Consumer Protection Act 1987.

39- The Sellers are not liable for business losses. Products are supplied for domestic and private use only. If you use the products for any commercial, business or re-sale purpose the relevant Seller will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

THE SELLER’S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

40- Nothing in these terms shall limit or exclude the Seller’s liability for:

• • 40.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
  • 40.2 fraud or fraudulent misrepresentation;
  • 40.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  • 40.4 any matter in respect of which it would be unlawful for the Seller to exclude or restrict liability.

41- To the extent legally permitted, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

42- Subject to clause 40:

• • 42.1 The Seller shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between you and the Seller; and
  • 42.2 The Seller’s total liability to you for all other losses arising under or in connection with any contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

HOW WILO CLUB AND THE SELLERS MAY USE YOUR PERSONAL INFORMATION

43- WiLo Club will only use your personal information as set out in our Privacy Policy & Cookie Policy.

44- The Sellers will only use your personal information as set out in their individual privacy policies, a link to which can be found on the relevant Seller’s page on our website.

OTHER IMPORTANT TERMS

45- If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between you and the relevant Seller in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the relevant Seller which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

46- We may transfer this agreement to someone else. The Seller may transfer its rights and obligations under these terms to another organization. The Seller will contact you to let you know if they plan to do this. If you are unhappy with the transfer you may contact the Seller to end the contract within 14 of the Seller telling you about it and they will refund you any payments you have made in advance for products not provided.

47- You need the Seller’s consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if the relevant Seller agrees to this in writing.

48- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

49- If the Seller does not insist immediately that you do anything you are required to do under these terms, or if it delays in taking steps against you in respect of your breaching this contract, that will not mean that you do not have to do those things and it will not prevent the Seller taking steps against you at a later date. For example, if you miss a payment and the Seller does not chase you but continues to provide the products, the Seller can still require you to make the payment at a later date.

50- Nothing in these terms affects your statutory legal rights.

51- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Italian law and you can bring legal proceedings in respect of the products in the Italian courts.