Tariffs and conditions of sale
Capichera orders are delivered from Monday to Friday.
Shipping costs vary depending on the size, weight and destination of the items chosen.
All delivery information will be displayed in the shopping cart.
Bottles will be shipped in boxes of cardboard or polystyrene to ensure their security. All parcels are delivered from the courier throughout Italy with varying times depending on the destination.
Please note that delivery times are only indicative and are calculated from the day of dispatch. Capichera shall not be held responsible for delays beyond its control, but shall endeavour to minimise any inconvenience.
Taxes
The cost of taxes is already included in the purchase order, so no further commission is due upon receipt of the goods.
Capichera Terms and Conditions
Users who use the Services offered by Capichera declare that they know and accept these general terms and conditions.
Owner of Capichera and related Services
Capichera Srl Agricultural company
Loc. Capichera
07021 Arzachena - SS
VAT no. and tax no. 01688210903
Holder's email address: info@capichera.it
About Capichera
Capichera is an online wine sales service
Introduction
This document constitutes a legal agreement between you, as the User, and the company that manages Capichera and governs your use of the website and, in any event, your use of the services provided. "Legal agreement" means that the terms of this agreement, once accepted by the User, are binding on the latter.
For the sake of simplicity, "User", "you", "your" and similar terms, both singular and plural, refer to you, the User. "We", "our" and similar terms refer to the company that owns and operates Capichera. "Capichera" refers to this website and/or application. "Agreement" refers to this document, as amended from time to time. The Contract is concluded in the Italian language. Other definitions may be found in the "Definitions" section at the end of this Agreement.
Acceptance of the Contract
In order to use Capichera, you must carefully read and accept the Agreement by clicking on the specific acceptance button. If you do not accept the Agreement, you will not be able to use the Service.
Registration, content of Capichera and prohibited use
Registration
In order to use the Service or part of it, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions. Users are responsible for keeping their access credentials confidential.
It is understood that under no circumstances may the Data Controller be held liable in the event of loss, dissemination, theft or unauthorised use by third parties, for any reason whatsoever, of Users' access credentials.
Account deletion and closure of user accounts
Registered Users may deactivate their accounts, request their deletion or stop using the Service at any time, through the Capichera interface or by contacting the Data Controller directly.
The Owner, in the event of a breach of these Terms, reserves the right to suspend or terminate the User's account at any time and without notice.
The Owner reserves the right to suspend or delete the User's account at any time and without prior notice if it considers that:
- the User has breached the Contract; and/or
- access to or use of the Service may cause damage to the Owner, other Users or third parties; and/or
- the use of Capichera by the User may result in a violation of applicable law or regulations; and/or
- in the case of investigations carried out as a result of legal proceedings or public authority involvement; and/or
- the account is deemed by the Owner, in its sole discretion and for any reason whatsoever, to be inappropriate or offensive or in breach of the Agreement or not in line with the Owner's standards.
Contents available on Capichera
The contents available on Capichera are protected by copyright law and other laws and international treaties protecting intellectual property rights and, unless otherwise specified, their use is permitted to Users exclusively within the limits specified in this clause.
The Owner grants to the User, for the entire duration of the Contract, a personal, non-transferable and non-exclusive licence, exclusively for personal and never commercial purposes and limited to the device in use by the User for the use of such content.
Therefore, the User is expressly prohibited from copying and/or downloading and/or sharing (except within the limits set out below), modifying, publishing, transmitting, selling, sub-licensing, processing, transferring/assigning to third parties or creating derivative works in any way from the contents, including those of third parties, available on Capichera, nor allowing third parties to do so through the User or his/her device, even without his/her knowledge.
Where expressly indicated on Capichera, the User, for purely personal use, may be authorised to download and/or copy and/or share certain content made available on Capichera, provided that he or she faithfully reproduces all copyright and other indications provided by the Owner.
Content provided by third parties
The Owner does not carry out any prior moderation on the contents or links provided by third parties displayed on Capichera. The Owner is not responsible for these contents and their accessibility.
Content provided by the User
Users are responsible for their own and third party content that they share on Capichera, by uploading, posting content or by any other means. Users release the Owner from any liability in relation to the unlawful dissemination of third party content or the use of Capichera in a manner contrary to the law.
The Data Controller does not carry out any type of moderation of the content published by the User or by third parties, but undertakes to intervene in the event of reports from Users or orders issued by public authorities in relation to content deemed offensive or unlawful.
In particular, the Controller may suspend or interrupt the display of the contents in the event that:
- complaints from other Users;
- receives a report of infringement of intellectual property rights;
- believes it should do so in anticipation of, or as a result of, legal proceedings;
- such action is required by public authority; or
- considers that such content, by remaining accessible through Capichera, could endanger Users, third parties, the availability of the Service and/or the Data Controller himself.
Rights to content provided by users
The only rights granted to the Owner in relation to the content provided by Users are those necessary for the operation and maintenance of Capichera.
Unless otherwise stipulated, by sending, publishing or displaying content on or via Capichera, the User grants the Owner and the other Users an unrestricted, non-exclusive, free-of-charge licence, with the right to sub-licence, to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute said content in any medium or distribution method currently available or subsequently developed.
Services provided by third parties
Users may use services or content included in Capichera provided by third parties, but must first have read and accepted the terms and conditions of such third parties. Under no circumstances may the Owner be held liable in relation to the proper functioning or availability, or both, of services provided by third parties.
Prohibited use
The Service shall be used in accordance with the Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on Capichera or any portion thereof;
- circumvent the computer systems used by Capichera or its licensors to protect the content accessible through it;
- copy, store, modify, change, prepare derivative works from or alter in any way any of the contents provided by Capichera;
- use any robot, spider, search and/or site finding application, or any other automatic device, process or means to access, retrieve, scrap or index any portion of Capichera or its contents;
- lease, dismiss or sub-license Capichera;
- defame, insult, harass, threaten or otherwise violate the rights of others;
- disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
- misappropriate the account held by another User;
- register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through Capichera;
- use Capichera in any other improper way that violates the Terms.
Conditions of sale
Purchase
Paid services
The fees, duration and conditions of paid accounts and services are set out in the relevant section of Capichera.
Purchasing procedure
Each order submitted constitutes an offer to purchase products. Orders are subject to availability and discretionary acceptance by the Owner.
The User must select the products and complete the check-out, after carefully verifying the information contained in the Order Summary. The order is placed by confirming the order and is subject to the payment of the price, taxes, shipping and payment costs indicated in the Order Summary form.
The Order Processing Receipt does not constitute acceptance of the order. The contract is concluded when the Controller sends the Order Confirmation to the email address provided by the User. The Owner reserves the right not to confirm an order by notifying the User within 5 working days of placing the order, to the email address associated with his purchase, of the possible unavailability of one or more of the products purchased. In this case, the Holder will refund the price and the shipping costs incurred by the User.
Methods of payment
Capichera uses third-party tools to process payments and does not in any way come into contact with payment details - such as credit card details - provided.
Property reserve
Until the price of the products ordered has been paid in full, the products remain the property of the Holder.
Product availability
Prices, descriptions or availability of products displayed are subject to change without notice. The photos shown are indicative and may not be an exact representation of the products.
The Owner will do its best to present the characteristics of the products in as much detail as possible on Capichera within each tab corresponding to the product viewed by the User. However, the images and colours of the products offered for sale on Capichera may differ from the real ones due to many factors including, but not limited to, the User's terminal monitor, photographic filters etc. Therefore, the User acknowledges and accepts that such minor differences do not constitute a lack of conformity of the products.
Execution of the Order
The Order is carried out according to the terms specified on the summary page and in the Order Confirmation email, subject to the availability of the product ordered.The Owner shall not be liable for any damages suffered by the User due to delays in delivery that are not due to circumstances foreseeable by the parties at the time the Order Confirmation is sent.
Delivery
Deliveries are made during normal business hours to the address indicated by the User and in the manner specified in the order summary.
On delivery, the User must check the contents and specify any anomalies on the delivery form.
In the event of failure to collect the Products within the time limit set by the carrier, the Products will be returned to the Holder, who will refund the price of the Products, but not the cost of shipping. The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the User's completion of the purchase order, for any damage that may occur to the Products after delivery to the carrier, if the latter has been chosen and appointed by the User, or for delays in delivery attributable to the latter.
Right of withdrawal
Right of withdrawal
The User may withdraw from the contract at the time of delivery if the delivered product differs from the purchased product and this results in the product not being used or consumed within the timeframe stipulated in the User's order.
Effects of withdrawal
If the User withdraws from this agreement, he will be refunded all payments he has made to the Controller, including the costs of delivery (with the exception of additional costs resulting from any choice of a type of delivery other than the least expensive type of standard delivery offered) without undue delay and in any event no later than 5 days after the day on which the Controller is informed of the User's decision to withdraw from this agreement. Said refunds shall be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event, the User shall not incur any costs as a result of said refund. Refunds may be suspended until receipt of the goods or until you have demonstrated that you have returned the goods, whichever is earlier.
The User is requested to return the goods and deliver them to the Controller without undue delay and in any event within 5 days from the day on which he communicated his withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 5-day period. The costs of returning the goods will be advanced by the User, but will be reimbursed by the Owner in the manner and within the limits indicated above at the expense of the User. The User is only liable for any decrease in the value of the goods resulting from any handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Legislative references
- Legislative Decree 21/2014 - implementing Directive 2011/83/EU on consumer rights.
Warranty
The User is nevertheless obliged to return defective products.
Compensation and limitation of liability
Indemnity
The User undertakes to indemnify and hold harmless the Owner (as well as any subsidiary or affiliated companies, its representatives, directors, agents, licensees, partners and employees) from any obligation or liability, including any legal fees incurred in defending itself in court, which may arise from damage caused to other Users or third parties in relation to the content uploaded online, violation of the law or the terms of these terms of service.
Limitations of liability
capichera.co.uk and all the functionalities accessible through the website are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, explicit or implicit, that is not mandatory by law. In particular, no guarantee is provided as to the suitability of the services offered for the particular purposes intended by the User.
The use of capichera.it and the functionalities accessible through Capichera is carried out by Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of the applicable law, shall be liable for damages of a contractual and non-contractual nature towards Users and third parties exclusively on the grounds of fraud or gross negligence when these constitute an immediate and direct consequence of Capichera's activity. Therefore, the Owner shall not be liable for:
- any losses which are not the direct consequence of the Holder's breach of the Contract;
- any loss of business opportunity and any other loss, including indirect loss, which the User may suffer (such as, by way of example but not limited to, commercial loss, loss of revenue, income, profit or deemed savings, loss of contracts or business relationships, loss of reputation or goodwill value etc.);
- damages or losses deriving from interruptions or malfunctions of capichera.it due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner such as, by way of example but not limited to, failures or interruptions of telephone or electricity lines, the internet network and/or other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties; and
- incorrect or unsuitable use of Capichera by Users or third parties.
Common provisions
Interruption of Service
In order to guarantee Users the best possible use of the Service, the Owner reserves the right to interrupt the Service for maintenance or system updates, informing Users through constant updates on capichera.it.
Resale Service
Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit any portion of capichera.it and its Services without the prior written permission of the Owner, granted either directly or through a specific resale programme.
The Holder may tolerate forms of resale made on a personal (one-to-one) and limited basis; any form of mass resale is expressly excluded.
Privacy policy
For information on the use of personal data, Users should refer to Capichera's privacy policy.
Intellectual property rights
All of the Application's trademarks, whether figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing in connection with Capichera are and remain the exclusive property of the Owner or its licensors and are protected by current trademark laws and relevant international treaties.
All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the contents published by said third parties on capichera.it are and remain the exclusive property or availability of said third parties and their licensees and are protected by current trademark laws and relevant international treaties. The Owner does not own these intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with said third parties and for the purposes outlined therein.
Age requirements
Users declare that they are of legal age according to the legislation applicable to them. Under no circumstances may minors under 18 years of age purchase products on capichera.it.
Conditions for receiving deliveries
The User who makes a purchase through capichera.it also declares and guarantees that the person who will receive the shipment of the purchased products is of legal age according to the legislation applicable to the latter.
Amendments to these Terms
The Owner reserves the right to make changes to the Terms at any time, giving notice to the User by publishing it on capichera.it.
The User who continues to use capichera.co.uk after the publication of the changes accepts the new Terms without reservation.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or some of the rights or obligations arising from the Terms, provided that the User's rights provided for herein are not affected.
You may not assign or transfer in any way your rights or obligations under the Terms without the written permission of the Owner.
Communications
All communications relating to Capichera should be sent using the contact information indicated in the Contract.
Ineffectiveness and partial nullity
If any provision of the Terms is found to be void, invalid or unenforceable, such provision shall be deleted and the remaining provisions shall not be affected thereby and shall remain in full force and effect.
Applicable law and competent court
These Terms and all disputes relating to the performance, interpretation and validity of this agreement shall be subject to the law, state jurisdiction and exclusive competence of the court of the place where the Holder has its registered office.
The exclusive place of jurisdiction of the consumer shall be an exception, if the law so provides.
Dispute resolution
Online dispute resolution for consumers
Consumers residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve out of court any disputes relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract concluded with the Holder. The platform is available at following link.
The Controller is available to answer any questions sent by email to the email address published in this document.
