The online shop Mokawine.com is owned by TINTO ENOTECA di De Luca Giuseppe with registered office in Piazza del Carmine, 1 - 47121 Forlì (FC) - Tel. +39 0543 30969 (info@mokawine.com).
Mokawine.com is an online shop offering the sale of beverages and pre-packaged food products.
The General Terms and Conditions govern all Contracts concluded between the parties and form an integral part thereof.
The General Terms and Conditions shall be amended from time to time, also in consideration of any regulatory changes. The new General Terms and Conditions shall be effective from the date of publication on the Mokawine.com website.
The supply of alcoholic beverages is reserved exclusively for Customers who have reached the age of majority.
THE SALE OF ALCOHOLIC PRODUCTS IS PROHIBITED TO MINORS
Users of the site www.mokawine.com declare that they are of legal age according to the legislation applicable to them. If there is no legislation in this respect, you must be at least 21 years old.
The products that can be purchased are intended for final consumers only.
A consumer is, according to the relevant definition in Article 3 of Legislative Decree no. 206/2005, a natural person. Lgs. n. 206/2005 the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
The Seller, therefore, reserves the right not to conclude Contracts with Parties that are not Consumers.
The language of the Contract and of the General Conditions is Italian.
PRICES
- all prices to the public include VAT and are subject to change without notice
- for any orders from abroad, we specify that the prices do not include any taxes, duties and levies of the country of destination. If these are present, the customer undertakes to check the amount in advance with the local customs authorities and, if necessary, to bear them directly.
PRODUCT AVAILABILITY AND PHOTOS
- all products on mokawine.com are actually available in our warehouses, however the actual availability of a product is indicative, as several users may purchase it at the same time. The site is however updated several times a day.
- in the event that a customer orders a product that is out of stock, mokawine.com will immediately notify the customer and refund the customer.
- the photos on the site www.mokawine.com are purely indicative and do not guarantee product quality. Some photos also show gift packs, boxes, which may not be delivered unless explicitly requested. Some photos show vintages that are not necessarily true; for the vintage, only the one shown on the product sheet is always authentic.
REGISTRATION, ORDERS and SHIPMENTS
- to make purchases on the site www.mokawine.com users are not obliged to register on the site, but are required to provide all contact and shipping information requested in the order confirmation form and to expressly accept the privacy policy and these conditions.
- Each order submitted constitutes a separate purchase proposal and is subject to availability and discretion of Mokawine.com. If you do not meet the requirements to proceed with an order, Mokawine.com will immediately notify you and refund your money.
- In the case of an order with payment and shipment by cash on delivery, the customer will be sent a contact email before the order is processed, in order to receive confirmation from the customer of the validity of the order placed, for security reasons.
- The customer may cancel the order at any time before the goods are invoiced and handed over to the courier for delivery, by notifying us in writing by email info@mokawine.com. After the goods have been taken over by the courier, the customer may exercise the right to cancel, see the relevant section.
- Upon confirmation of the order, which constitutes acceptance of the contractual proposal, a tax document will always be issued in accordance with current legislation (receipt or accompanying invoice, the latter if requested during the order confirmation phase) and will be made available online on your personal page ("My Account"). There will also be a summary of the general conditions applicable to the contract, including the indication of withdrawal in pdf format.
- shipments are covered by insurance. Any breakages and/or anomalies in the receipt of the product must be noted on the courier's delivery note and communicated to us promptly at the following address info@mokawine.com possibly with photos and references of order number, courier name and shipping number.
- For information on shipping and costs, please refer to the appropriate section.
- Shipping times indicated in the shipping section are purely indicative. Mokawine.com is not responsible for any problems of its customers generated by delivery delays.
- If the Products have a warranty recognised by the manufacturer of the same (commercial/conventional warranty), any defects/defects of the Products must be reported by the Customers directly to the manufacturer in accordance with the procedures and terms indicated in the warranty itself.
- Consumer" Customers shall be entitled to the consumer rights provided for in Article 130 of Legislative Decree 206/05; such rights must be exercised within the terms provided for in Article 132 of the same Legislative Decree 206/05.
RIGHT OF WITHDRAWAL
- Purchases on the Mokawine.com website are subject to the discipline of Legislative Decree 206/2005 as amended by Legislative Decree 21/2014, which guarantees the consumer the right to withdraw, for any reason, from the purchase contract.
- the consumer who wishes to avail himself of this right must know that the goods purchased must be completely intact in order to avail himself of this right
- In order to exercise this right, the consumer must send an appropriate communication within 14 days of receipt of the goods, indicating the order number, the number of the fiscal document and the details of the products for which he intends to avail himself of this right and proceed within the following 14 days to return the products. In particular, he/she can send a communication by email to info@mokawine.com or to the number +39 0543 30969 or by post to TINTO ENOTECA di De Luca Giuseppe with head office in Piazza del Carmine, 1 - 47121 Forlì (FC). .
- the right of withdrawal is reserved only for the final consumer understood as a natural person, excluding purchases made by persons buying for resale to third parties.
- Shipping methods and costs are entirely the responsibility of the customer, including any packaging suitable for the same. In the case of returns from non-EU countries, any customs charges for returning goods to Italy shall be borne by the customer.
- the goods must be returned to the following address TINTO ENOTECA di De Luca Giuseppe with headquarters in Piazza del Carmine, 1 - 47121 Forlì (FC) - Tel. +39 0543 30969. Mokawine.com reserves the right to evaluate the goods sent to us in order to exclude the presence of alterations, damages, tampering and any other problem that may have compromised the integrity of the goods.
- If the right of withdrawal is exercised in accordance with the procedures and terms set out in this article, the Seller undertakes to refund all Payments received from the Customer consumer as soon as possible and in any case within 14 days from the date of receipt of the notice of withdrawal. The Seller may withhold the refund until it has received the Product or the Customer has provided proof of return, whichever is sooner. The refund will be made upon assessment of complete integrity within 14 calendar days. the customer will be refunded using the same method as the original payment (credit card, Paypal, bank transfer, AmazonPay); where this is not possible, the customer will be refunded by bank transfer.
- The consumer Customer shall only be liable for any decrease in the value of the Product resulting from handling the Product in a manner other than that necessary to establish the nature, characteristics and functioning of the Product.
- The exercise of the right of withdrawal is excluded in the cases referred to in Article 59 of Legislative Decree no. 206/2005 and subsequent amendments. By way of example and without limitation, the following hypotheses in which the right of withdrawal referred to in the preceding article is excluded: the supply of goods that are liable to deteriorate or expire rapidly; the supply of sealed goods that are not suitable for return for reasons of hygiene or health protection and have been opened after delivery; the supply of alcoholic beverages, the price of which has been agreed upon at the time the sales contract is concluded, the delivery of which can only take place after thirty days and the actual value of which depends on market fluctuations that cannot be controlled by the trader.
DISPUTES AND JURISDICTION
Il contratto di vendita tra il cliente e Mokawine.com si intende concluso in Italia e regolato dalla Legge Italiana. Ogni questione relativa ai Contratti sarà soggetta alla giurisdizione italiana. Nel caso di Cliente Consumatore per tutte le controversie derivanti dal presente contratto comprese quelle relative alla sua validità, interpretazione, esecuzione e risoluzione la competenza per territorio inderogabile è del giudice del luogo di residenza o di domicilio del consumatore.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
We inform the Consumer-Client residing in the European Union 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 in a non-judicial way any dispute relating to and/or arising from contracts for the sale of goods and services stipulated online. This platform can be used to resolve any dispute arising from the online contract concluded. The platform is available at the following link http://ec.europa.eu/consumers/odr/