Art. 1 Definitions
These general terms and conditions, available for the consumer to print and retain pursuant to Article 12 of Italian Legislative Decree 70/2003,, regard the remote purchase of products online from the e-commerce platform www.bestwinestars.com, owned by Prodes Italia S.r.l. Unipersonale (VAT no. 09808810965) in the person of its director, with registered offices in Via Sansovino, 6, 20133 Milano, Italy, hereinafter Prodes Italia.
Online sales contract shall mean the distance contract, i.e. the legal transaction, having as its object movable goods and/or services stipulated between a supplier, in this case Prodes Italia, and an end consumer—customer or other professional user, within the scope of a distance sales system organised by Prodes Italia, which, for such contract, uses exclusively the distance communication technology known as the Internet.
Consumer shall mean the natural person who purchases goods and services for purposes that are not directly or indirectly related to their professional activity.
Professional user shall mean the natural or legal person who purchases goods and services for purposes directly or indirectly related to their professional activity.
Product(s) shall mean the product(s) presented on the www.bestwinestars.com website, made available by various suppliers and entrepreneurs, in collaboration with Prodes Italia.
www.bestwinestars.com shall mean the e-commerce platform through which Prodes Italia carries out the distance sale of the products offered.
Art. 2 Scope of application
These general terms and conditions of sale apply to users who fall within the definition of “consumers”, pursuant to Italian Legislative Decree 206/2005, who make purchases from the e-commerce www.bestwinestars.com of products destined exclusively for personal use.
These general terms and conditions of sale shall also apply to users who make purchases through the e-commerce www.bestwinestars.com as part of their professional activity.
Art. 3 Acceptance of the general terms and conditions of sale
These general terms and conditions of sale are valid from the day they are published on the e-commerce platform www.bestwinestars.com and may be updated, supplemented or modified at any time, taking effect for the future.
Any change made to these general terms and conditions of sale will be duly notified on www.bestwinestars.com.
By accessing the e-commerce platform www.bestwinestars.com, users, consumers or professional users may conclude the contract for purchase of the desired product, following the instructions and procedures provided for completion of the order and completion of the purchase.
These general sales conditions must be carefully examined by users before completing the purchase procedure. Sending the order and consequent advance payment presuppose full knowledge of the same and their full acceptance.
Prodes Italia shall not consider itself bound to different conditions, unless previously agreed in writing.
Art. 4 Object of the contract and service
Thanks to its partnership with manufacturers in the sector, Prodes Italia, through www.bestwinestars.com, offers a service for the exhibition and sale of high-quality wine and food products.
Prodes Italia acts, in fact, as an intermediary between producers and users, showcasing their products and promoting the sale thereof.
The object of the contract is, therefore, the sale.
Art. 5 Conclusion of the contract
These conditions of sale constitute an OFFER TO THE PUBLIC.
Therefore, the conclusion of the contract requires ACCEPTANCE by users, with a subsequent order confirmation email, from Prodes Italia.
Acceptance is given by following the on-screen instructions, by compiling all the sections and by agreeing by selecting “Acceptance of Sales Terms and Conditions and Privacy Law.”
For professionals, orders are expressly declared to be irrevocable throughout the period required for delivery and, in any case, for 30 days from the order date.
Receipt of the order does not bind Prodes Italia S.r.l., until the same has fulfilled the order by written communication or by conclusive behaviour, i.e. by shipment of the goods.
Depending on availability, Prodes Italia S.r.l. has the right to accept, even partially, or reject the order received.
In this case, the contract shall be deemed concluded only for the confirmed goods.
Prodes Italia shall keep a copy of the orders received and acceptances sent for a reasonable period of time, in compliance with the Applicable Law.
The aforementioned documentation shall be kept on the data server of Prodes Italia and shall be accessible to personnel who need to consult it in connection with their duties, for the proper execution of the contractual conditions.
The documentation shall also be accessible to third parties for the sole purpose of the execution of the conditions, in addition to those parties entitled to access pursuant to the Applicable Law, in compliance with the regulations protecting Privacy.
Art. 6 Sale prices and shipping costs
Shipping costs are borne by users/customers, regardless of whether they are end consumers or professionals.
Shipping costs are decided by the individual producers showcased on www.bestwinestars.com.
If several products are purchased from different producers, the shipping costs of each shall be added together.
The total amount of shipping costs will be made known to users before the order confirmation.
Shipping costs depend on weight, bulk, delivery destination, and/or any other services requested (insurance, delivery times, change of destination address, etc.).
Regarding product prices, Prodes Italia reserves the right to communicate any errors contained in the product details or variations, before confirming the order.
In this case, Prodes Italia shall promptly inform users by sending a specific communication, thus guaranteeing them the right to cancel their order.
If users decide to continue with the order, they accept the price as modified.
Prodes Italia reserves the right to verify the regularity of advance payments, made by credit card, debit card and bank transfer, before final confirmation of the order.
In the event of non-payment, Prodes Italia may declare immediately liquid and payable all sums due to obtain payment of the product prices.
Art. 7 Payment methods
Payment shall be possible by one of the following methods:
Bank Transfer to:
PRODES ITALIA S.R.L.
IBAN: IT43X0200801623000104679903
BIC/SWIFT: UNCRITM1223 – Unicredit
Credit Card: through the secure Pay Pal portal
Art. 8 Delivery/receipt of product
The order shall be delivered to the address indicated, using the methods detailed in these general terms and conditions.
Orders paid for with a credit card shall be delivered to the cardholder’s address.
The purchased goods shall be delivered within the terms outlined in Italian Legislative Decree 206/2005 (30 days). Prodes Italia accepts no responsibility for delayed or non-delivery attributable to force majeure or fortuitous events or the responsibility of the carrier. Users/customers may choose another carrier aware that in this case the delivery shall be at their own risk, care and expense.
Upon receipt, users are obliged to check that the product delivered complies with the order placed.
Only after having checked, and without prejudice to their right of withdrawal, shall users sign the delivery documents.
Acceptance without reservation shall exempt Prodes Italia from any liability for any defects.
Prodes Italia recommends users carefully check the conformity and integrity of the product on delivery, taking into account any anomaly the product may present.
Should the product be damaged, adulterated or its organoleptic composition be altered, Prodes Italia invites the users not to consume or ingest the product and to immediately report the damage by email to info@bestwinestars.com, or by contacting the head office directly on +39 0236580208.
In the event of a defect, adulteration or other damage affecting the product, which must be reported within and no later than 10 days from its discovery, Prodes Italia is obliged to refund the price paid, subject to verification of the same.
To this end, users must return the defective product at their own expense, without tampering with it, adulterating it, or replacing it or dispersing its contents, in order to allow the producer concerned to carry out all the necessary checks.
If the checks confirm the defect, the producer or Prodes Italia, undertakes to guarantee a refund of the price of any product (including shipping costs) found to be defective or, alternatively, to guarantee a replacement.
Prodes Italia shall not be liable for any damage caused by the assumption of an adulterated or product with damaged organoleptic composition, as a result of the users’/customers’ failure to check the same.
If end users/customers refuse delivery or fail to receive delivery of the product, in accordance with the provisions of these general terms and conditions of sale, they shall bear all the risks related to the loss of or damage to the products.
In this case, Prodes Italia S.r.l. may:
request immediate and full payment for the products and make delivery by any means deemed appropriate, or deposit the products at the customer’s complete risk and charge;
in any case request payment of all costs for the deposit and storage of the products and any other additional expenses incurred due to the refusal or inability to receive delivery
cancel the order and dispose of the products, without prejudice to their right to compensation for the damage caused by users, in addition to the risks and expenses referred to above.
Professional users shall not be entitled to refuse the products, either in whole or in part, and shall make payment in full.
In the case of a split delivery, each batch of products shall be deemed to refer to a separate and distinct contract; any defect found in one or more batches shall not entitle the user to cancel the entire order or contract or to cancel the orders for each subsequent batch.
Art. 9 Availability of products
Users may purchase products as per the “online” catalogue published at www.bestwinestars.co.
Although Prodes Italia undertakes to ensure constant availability, it cannot guarantee this due to its role as an intermediary.
Where payment has already been made, in the event of unavailability Prodes Italia undertakes to promptly inform users and refund the price paid, with no additional charges, within 30 days.
Should customers decide not to cancel the order, Prodes Italia shall inform them of the time required to source and fulfil the order, guaranteeing maximum speed.
Art. 10 Liability
Prodes Italia shall not be held liable for disservices attributable to force majeure such as accidents, strikes and/or lockouts, earthquakes, floods, and other similar events that prevent, in whole or in part, fulfilment of the contract within the agreed time.
Prodes Italia shall not be liable to any party or third party for damages, losses or costs incurred as a result of non-fulfilment of the contract due to the aforementioned causes, and end-consumers shall only be entitled to a refund of the price paid.
Prodes Italia shall not be liable for any fraudulent or illicit use by third parties of credit cards, cheques or other means of payment, at the time of payment itself.
In fact, at no time during the purchase procedure does Prodes Italia have access to the credit card number, which is transmitted directly to the bank service manager via a protected connection.
Art. 11 Guarantees and assistance
Prodes Italia sells high quality products and offers a warranty with a minimum duration that depends on the type of product purchased, according to Applicable Law.
All product descriptions, illustrations, images, details, dimensions, presentation data, and any other information available on the e-commerce platform www.bestwinestars.com , are intended solely as a general description of the products and do not in any way represent a guarantee or declaration of conformity of the products with the same.
Art. 12 User obligations
Consumer users undertake to print these general contract terms and conditions in order to fully comply with the terms and conditions set forth in Italian Legislative Decree 206/2005 (Consumer Code) and to check them periodically by connecting to the e-commerce website www.bestwinestars.com.
In the event of any amendments, consumers also undertake to reprint and retain these terms and conditions as amended.
Users declare that they are of legal age and possess the legal capacity required to enter into a legally binding contract between the parties and that the information provided when the order is placed is up-to-date, accurate, and sufficient to process the order.
It is strictly forbidden for users to enter false and/or invented and/or fictitious data during the registration procedure required to activate the process for execution of this contract and any related further communications; the personal data and e-mail address must be exclusively the user’s own real personal data and not the data of third parties or fictitious data.
It is expressly forbidden for a single person to register more than once or to enter the data of third parties.
Prodes Italia reserves the right to prosecute any violation or abuse, in the interest and for the protection of consumers.
Users shall indemnify Prodes Italia from any liability deriving from the issue of incorrect tax documents due to errors in the data provided by customers, the latter being solely responsible for the correct entry of such data.
Art. 13 Right of Withdrawal
Pursuant to Article 64 of Italian Legislative Decree 206/2005, any consumer who, for any reason, is not satisfied with the purchase made, has the right to withdraw from the contract entered into, without any penalty and without specifying a reason, within 14 days from receipt of the product, by sending a certified e-mail (PEC) to prodesitalia@pec.it, or a registered letter with return receipt to Prodes Italia S.r.l. Unipersonale, Via Sansovino 6, 20133 Milano, Italy.
In the event of the purchase of several units, Prodes Italia guarantees consumers the right of withdrawal and return, even if a single unit has already been opened and consumed. In this case, as the product is perishable and cannot be conserved, the withdrawal shall be valid only for intact units, for which, once they have been returned, according to the methods indicated above, customers will be refunded the price paid.
In any case, the deadline for return is 10 days from exercising the right of withdrawal.
To exercise the right of withdrawal, the product must be returned intact (i.e. not opened, tampered with or adulterated).
Prodes Italia shall accept the returned goods, reserving the right to dispute the integrity of the product; within 30 days from communication of the exercise of the right of withdrawal, Prodes Italia S.r.l. shall refund the sums paid for the purchase of the product.
The right of withdrawal is excluded in the following cases
products made “to measure” or at the specific request of the customer or, which cannot be returned due to their nature;
fresh food products or perishable products with a short shelf life;
products returned that are not intact or have been opened, tampered with or adulterated due to customer’s fault.
The rules on the right of withdrawal also apply to professional users.
Art. 14 Communications
Any communication or notice in relation to these conditions shall be made by registered letter with return receipt or certified e-mail (PEC) to the addresses indicated in the Contacts section.
The last address or contact person communicated by the user shall be deemed to be the address to which notices required by Applicable Law shall be addressed, with respect to legal proceedings, prior to the appointment of a legal representative.
Any communication shall be deemed to have been received:
upon receipt of the registered letter with return receipt;
at the time and date of confirmation of opening of the certified e-mail (PEC) by the addressee.
Art. 15 Contract termination and express termination clause
Prodes Italia has the right to terminate the contract stipulated, giving simple notice to users indicating the reason; in this case users shall only be entitled to a refund of any sum already paid.
The obligations assumed by users on the basis of these contractual conditions, as well as the guarantee of successful payment, are essential, so that by express agreement, any breach by users of any one of the aforementioned obligations shall result in legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to the right of Prodes Italia to take legal action for compensation for further damages.
Art. 16 Privacy, cookies, and conditions of use of www.bestwinestars.com
For the Privacy Policy, Cookie Policy and conditions of use of www.bestwinestars.com, please refer to the relevant sections.
Art. 17 Applicable Law
These general terms and conditions of sale are governed by Italian Legislative Decree 206/2005 (Consumer Code), Italian Legislative Decree 70/2003—implementing European Directive 2001/31/EC—on Electronic Commerce, Regulation (EU) 2016/679 on the Protection of Personal Data, Italian Legislative Decree 21/2014—implementing European Directive 2011/83/EU on Cookie Policy—together with the rules of the Italian Civil Code on contracts and any other regulation or Applicable Law.
Art. 18 Jurisdiction and Competent Court
Any dispute relating to the application, execution, interpretation or breach of the purchase contracts entered into online through the e-commerce website www.bestwinestars.com is subject to Italian jurisdiction; these general conditions refer, for anything not expressly provided for, to the provisions of Italian Legislative Decree 206/2005.
The consumers’ court of residence pursuant to Italian Legislative Decree 206/2005 shall be competent for any dispute between the parties regarding this contract.
For all others (foreigners and non-consumers), exclusive jurisdiction shall be the Court of Milan- District of the Court of Appeal of Milan.