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Terms and conditions

Terms and Conditions of MARCO CAPRA

Users who use the Services offered by Marco Capra declare that they know and accept these general terms and conditions.

OWNER OF MARCO CAPRA AND RELATED SERVICES

Marco Capra Agricultural Company
Corso IV Novembre 28 – 12058 Santo Stefano Belbo  (CN)
VAT number: 02750340040

Owner's email address: info@marcocapravini.it

INFORMATION ABOUT Marco Capra

Marco Capra is an online wine sales service.

INTRODUCTION

This document

This document constitutes a legal agreement between you, as a User, and the company that manages Marco Capra  and governs your use of the website and, in any case, the 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 simplicity, “User,” “you,” “your,” and similar terms, whether singular or plural, refer to you, the User. “We,” “our,” and similar terms refer to the company that owns and operates Marco Capra. “Marco Capra” refers to this site and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in Italian. Additional definitions can be found in the “Definitions” section at the bottom of this Agreement.

Acceptance of the Contract

To use Marco Capra, you must carefully read and accept the Agreement by clicking the specific acceptance button. If you do not accept the Agreement, you will not be able to use the Service.

REGISTRATION, CONTENT BY Marco Capra AND PROHIBITED USE

Content available on Marco Capra

The content available on Marco Capra is protected by copyright law and other international laws and 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 the User, for the entire duration of the Contract, a personal, non-transferable and non-exclusive license, for exclusively personal and never commercial purposes and limited to the device in use by the User for the use of such contents.
Therefore, the User is expressly prohibited from copying and/or downloading and/or sharing (except within the limits illustrated below), modifying, publishing, transmitting, selling, sublicensing, processing, transferring/assigning to third parties or creating derivative works in any way from the contents, including those of third parties, available on Marco Capra, nor from allowing third parties to do so through the User or his/her device, even without his/her knowledge.
Where expressly indicated on Marco Capra, the User, for personal use only, may be authorized to download and/or copy and/or share some content made available on Marco Capra, provided that all copyright notices and other notices provided by the Owner are faithfully reproduced.

Content provided by third parties

The Owner does not moderate the content or links provided by third parties displayed on Marco Capra. The Owner is not responsible for such content or its accessibility.

User-provided content

Users are responsible for their own content and that of third parties they share on Marco Capra, whether by uploading it, posting content, or otherwise. Users indemnify the Owner from any liability related to the unlawful dissemination of third-party content or unlawful use of Marco Capra.

The Owner does not moderate any content posted by the User or third parties, but undertakes to intervene in response to reports from Users or orders issued by public authorities regarding content deemed offensive or illegal.
In particular, the Owner may suspend or interrupt the display of content in the event that:

  • complaints are received from other Users;
  • receive a report of intellectual property infringement;
  • considers it necessary to do so in anticipation of, or as a result of, legal action;
  • such action is requested by a public authority; or
  • believes that such content, remaining accessible through Marco Capra  could put Users, third parties, the availability of the Service and/or the Owner himself at risk.

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 Marco Capra.

Unless otherwise stated, by submitting, posting, or displaying content on or through Marco Capra, you grant the Owner and other Users a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or distribution method now known or later developed.

Services provided by third parties

Users may use services or content included on Marco Capra provided by third parties, but must first read and accept the terms and conditions of those third parties. Under no circumstances will the Owner be held liable for the proper functioning or availability, or both, of services provided by third parties.

Unauthorized 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 Marco Capra or any portion of it;
  • circumvent any technology used by Marco Capra or its licensors to protect the content accessible through it;
  • copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by Marco Capra;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device, process or means to access, retrieve, scrape, or index any portion of Marco Capra or any Marco Capra Content;
  • rent, license or sublicense Marco Capra;
  • defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others;
  • disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
  • unlawfully take over the account used 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 Marco Capra;
  • use Marco Capra in any other improper manner that violates the Terms.

TERMS OF SALE

PURCHASE

Purchase procedure

Each order submitted constitutes an offer to purchase the products. Orders are subject to availability and the Owner's discretionary acceptance.
The User must select the products and complete the checkout process after carefully reviewing the information in the order summary. The order is placed upon confirmation and is subject to payment of the price, taxes, and 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 Owner 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 business days of placing the order, using the email address associated with the purchase, of the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and shipping costs incurred by the User.

Payment Methods

Marco Capra uses third-party tools for payment processing and does not in any way come into contact with payment data – such as credit card data – provided.

Any costs incurred for handling payments not accepted by the User will be charged to the User.

Pre-authorization for future payments via PayPal

If paying via PayPal, during the purchase process, Marco Capra will store a unique identification code associated with the customer's PayPal account, which authorizes Marco Capra to use it exclusively for future purchases.

You can revoke the aforementioned authorization at any time, through the Marco Capra interface or by contacting the Data Controller directly.

Retention of title

Until full payment of the price of the products ordered, the products remain the property of the Owner.

Product Availability

Prices, descriptions, or availability of products displayed are subject to change without notice. Photos are indicative and may not be an exact representation of the products.
The Owner will do its best to present the product features in as much detail as possible on Marco Capra within each product page viewed by the User. However, the images and colors of the products offered for sale on Marco Capra may differ from the actual ones due to multiple factors, including, but not limited to, the User's device monitor, photographic filters, etc. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.

Execution of the Order

The Order is fulfilled within the terms specified on the summary page and in the Order Confirmation email, subject to the availability of the ordered product.
The Owner cannot be held liable for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.

DELIVERY

Delivery

Deliveries are made during normal business hours to the address indicated by the User and according to the methods specified in the order summary.
Upon delivery, the User must check the contents, specifying any anomalies.
If the products are not collected within the timeframe established by the carrier, they will be returned to the Owner, who will refund the price of the products but not the shipping costs. The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in completing the purchase order by the User, for any damage to the Products after delivery to the carrier, if the latter has been selected and appointed by the User, or for delivery delays attributable to the latter.

RIGHT OF WITHDRAWAL AND WARRANTY

Right of withdrawal

In case of purchase of products or services on Marco Capra  The User has the right to withdraw from the contract without stating a reason within 14 days. The withdrawal period expires 14 days after the day on which the User or a third party—other than the carrier and designated by the User—acquires physical possession of the goods. To exercise the right of withdrawal, the User must inform the Owner of their decision to withdraw by sending an explicit statement to the contact details indicated.

The User is free to express his/her choice to withdraw from the contract in any written form.

Effects of withdrawal

If the User withdraws from this contract, all payments made to the Owner will be refunded, including delivery costs (with the exception of additional costs resulting from the User's choice of a delivery method other than the least expensive standard delivery method offered), without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from this contract. Such refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any fees as a result of such refund. The refund may be withheld until the goods are received or until the User has demonstrated that they have returned the goods, whichever is earlier.

The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which the User communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the 14-day period expires. The User will pay the costs of returning the goods in advance, but will be reimbursed by the Owner in the manner and within the limits indicated above, at the User's expense. The User is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Limitations on the right of withdrawal

Returned products that are damaged or used beyond what is strictly necessary to establish their nature, characteristics, and functioning will be refunded after deducting the decrease in value resulting from the damage or use. Refunds are excluded if the decrease in value is total.
The User is requested to include a copy of the delivery document received inside the package.

The right of withdrawal is in any case excluded in relation to:

  • goods made to measure or clearly personalized;
  • the supply of goods which are liable to deteriorate or expire rapidly;
  • the supply of sealed goods which are not suitable for return for hygiene or health protection reasons and have been opened after delivery.

If one of the above-mentioned exceptions applies to the goods purchased by the User, the latter will not be able to exercise the right of withdrawal.

Applicability of the withdrawal clauses

The clauses regarding the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to Users who qualify as consumers, i.e., Users acting for purposes outside of their business or professional activity.

Legislative references

Legislative Decree 21/2014 - implementing Directive 2011/83/EU on consumer rights.

Warranty

The User purchasing as a consumer has the right to a guarantee of conformity of the products and services purchased within 24 months of purchase, provided that notification is given within 2 months of their discovery.

To exercise the right of guarantee, the User is required to contact the Owner at the contact information contained in this document, providing an accurate description of the defect found.
If a lack of conformity of the product is ascertained, the User has the right to obtain, at his discretion, the repair or replacement of the product.
The User also has the right to request from the Owner an appropriate price reduction or termination of the contract in the following cases:

  • if repair and replacement prove impossible or excessively expensive;
  • if the Owner has not repaired or replaced the goods within a reasonable period of time, in any case not less than 15 days;
  • if the replacement or repair previously carried out has caused significant inconvenience to the User.

The User is still required to return defective products.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Indemnity

The User undertakes to indemnify the Owner (as well as any companies controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred for legal defense, which may arise from damage caused to other Users or third parties, in relation to the content uploaded online, to the violation of the law or of the terms of these conditions of service.

Limitations of liability

Marco Capra and all features accessible through Marco Capra are made available to Users, under the terms and conditions set forth in the Agreement, without any warranty, express or implied, other than those required by law. Specifically, no warranty is provided regarding the suitability of the services offered for the User's specific purposes.
The use of Marco Capra  and the features accessible through Marco Capra  It is carried out by Users at their own risk and under their own responsibility.
Specifically, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users and third parties exclusively for intent or gross negligence when these constitute an immediate and direct consequence of Marco Capra's activity. Therefore, the Owner will not be liable for:

  • any losses that are not a direct consequence of the breach of the Contract by the Owner;
  • any loss of business opportunity and any other loss, even indirect, that may be suffered by the User (such as, by way of example and not limited to, trading losses, loss of revenues, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damages or losses resulting from interruptions or malfunctions of Marco Capra  due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the sphere of control of the Owner such as, by way of example and not limited to, failures or interruptions to telephone or electrical lines, the internet network and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications; and
  • incorrect or unsuitable use of Marco Capra  by Users or third parties.

COMMON PROVISIONS

Service Interruption

To ensure Users get the best possible experience of the Service, the Owner reserves the right to interrupt the Service for system maintenance or update purposes, informing Users through constant updates on Marco Capra.

Reselling the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Marco Capra  and its Services without the prior written permission of the Owner, granted directly or through a specific reseller program.

The Owner may tolerate forms of resale carried out on a personal (one-to-one) and limited basis; any form of mass resale is expressly excluded.