Terms and conditions

Terms and Conditions

The terms and conditions on this page set establish the legal terms that apply to your use of the online store www. vinibuoni.ro (hereinafter Site / Web site) and will apply to all sales of products on the Site.

The terms and conditions on this page are completed with the rest of the terms and conditions on the Site but also with the Romanian legislation in force. Use of this Site implies acceptance of all the terms and conditions below which will represent the content of the sale-purchase contract to be concluded between VINIBUONI TRADING SRL, as Seller and any member, natural or legal person, who will place an online order through the Site, as a Buyer.

1. Definitions

Buyer - any natural person who is aged over 18 (eighteen) years or legal entity (firm, company or other legal entity) resident / registered in Romania which places an order through the Site, which previously went through during the registration on the Site, becoming a member;

Seller - VINIBUONI TRADING S.R.L., Romanian legal entity, having its registered office in Bucharest, str. Nicolae G. Caramfil nr. 12-14, corp B, secțiunea A, etaj 11C, sector 1, having serial number in the Trade Register J40 / 4425/2011 and CIF RO 28326059, hereinafter referred to as Vinibuoni;

Goods and Services - any product or service offered by the Seller through the Site, including the products and services mentioned in the Order by the Buyer, to be provided by the Seller to the Buyer, as a result of the conclusion of the Contract; The main features of the Goods and Services will be presented on the Site and constantly updated;

Order - electronic document that intervenes as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller, through the Site, the intention to purchase Goods and Services from the Site, in exchange for their payment;

Contract - the sale-purchase contract that will be concluded between the Seller and the Buyer on the date on which the Seller will confirm in writing, by sending an e-mail, the Order placed by the Buyer through the Site and which will be subject to the clauses and rules below;

Duration of the Contract - the legal relations between the Seller and the Buyer begin to take effect from the date of confirmation of the Order by the Seller and cease upon fulfillment by both parties of the obligations set out below; each newly placed Order gives rise to a new legal relationship between the parties;

2. Copyright

The content of the Site - including the design, information, texts, graphics, logos - is the property of Vinibuoni and, as the case may be, of its suppliers, being protected by Copyright Law and intellectual and industrial property laws.

Any use of the content of the Site may be made only with the prior written notice and agreement of Vinibuoni.The use without consent of Vinibuoni of any of the items listed above may incur the civil, contraventional or criminal liability of the guilty person.

3. Use of the Site by persons under 18 (eighteen) years of age

This Website is addressed only for members of legal entities, legal entities and individuals who are at least 18 (eighteen) years old, who have gone through the corresponding registration stages and who have not been suspended or removed by the Seller, regardless of the reason for the suspension or removal. The possibility to order online is only available to people based in Romania. By becoming a member, the person declares that he / she meets the above conditions.

The use of the Site and the placing of an Order by individuals under 18 (eighteen) years is prohibited. However, the Seller will not be held liable for Contracts concluded with individuals under 18 (eighteen) years, if these Contracts were based on Orders placed by the declaration of false data and information by the Buyer in order to mislead the Seller regarding his age.

4. Prices

The prices displayed on the Site are expressed in RON and include VAT as well as excise duty for alcohol, where applicable.

The prices of the Goods and Services do not include delivery costs and may be modified by the Seller at any time, without these changes affecting the Contracts already concluded as a result of the confirmation of Orders by the Seller.

5. Promotions and contests

Within the promotions established by the Seller, stock restrictions may occur. In this case, Orders placed by Buyers will be accepted within the limit of available stock depending on the exact time of registration of the Order in the Seller's system. In order to serve as many Buyers as possible, the Seller reserves the right to cancel excessive orders. Also, the Seller, with the prior information of the Buyer, reserves the right to limit the number of Goods and Services within the excessive Orders.

The seller sets his own rules for the promotions and contests he organizes. These regulations are made known to potential participants through its own Site or other means of public or private communication. Only those Orders that comply exactly with the rules displayed on the Site or in the regulations benefit from promotions.

Also, the promotions apply only to Orders accepted by the Seller during the period in which the promotion is valid and only within the limit of available stock.

We do not guarantee the stock availability of the products for promotion and we may interrupt or cancel it at any time without prior notice.

6. Newsletter

If you have subscribed to the Newsletter section, your personal data will be used for the sole purpose of sending you information with marketing content, about the Goods, Services, contests and / or promotions carried out by the Seller during a certain period.

Your personal data will be deleted immediately when you unsubscribe from the Seller's Newsletter section.

You can unsubscribe at any time via the link attached to the Newsletter received or by a written request sent by email to the address mentioned in the contact section of the Site.

The seller reserves the right to select the persons to whom it will send newsletter messages and / or alerts as well as the right to remove from its database any member who has previously expressed consent to receive marketing, information and / or alerts without any subsequent commitment from the Seller, or any prior notice thereof.

7. Orders

The Buyer can place an Order through the Site, by adding the chosen Goods and / or Services to the shopping cart. The simple addition of a Good and / or Service to the shopping cart, but without completing the Order, does not lead to the registration of an Order or to the automatic reservation of the Good and / or Service.

In order to send an Order to the Seller, the Buyer must complete the Order by correctly and completely completing all the steps presented on the Site. Only Orders placed in accordance with the procedure imposed by the Seller will be registered and will be subject to confirmation by him.

By completing the Order, the Buyer guarantees and is responsible for the veracity of the personal data transmitted to the Seller, compensating the latter for any damage caused by the incorrect indication of personal data.

Orders are confirmed by the Seller in writing by sending an e-mail. In the case of payments by bank transfer, delivery is made only after confirmation of full payment by the bank.

Orders placed through the Site are valid and generate contractual obligations only from the moment of their confirmation in writing by the Seller. The Seller may reject an Order if:

- The personal data transmitted by the Buyer are inaccurate or incomplete;

- The ordered Goods and / or Services are not in stock or are not available;

- The account from which the Order is placed is suspended or canceled;

- The bank issuing the Buyer's card did not accept the transaction, in case of online payment;

In addition to the situations indicated above, the Seller may reject an Order if it includes Goods and / or Services whose price is the result of an obvious system error which has led to the generation of an erroneous or incomplete price, insignificant or obviously disproportionate compared to the average market price of the respective Good and / or Service.

Also, the Seller may reject or cancel even after confirmation an Order, if it is found, by any means, that the person who placed the Order does not have the legal minimum age of 18 years or that there are other impediments or clues, likely to affect its discernment or capacity to exercise.

Product availability depends on the manufacturer and is therefore subject to change without notice.

8. Payment and payment methods

The price, the method of payment and the term of payment are specified in each Order, the Buyer having the obligation to provide the Seller with all the information necessary to issue the invoice according to the legislation in force.

Following the confirmation of the Order, the Seller will issue and communicate to the Buyer an invoice for the Goods and / or Services that are the object of the Contract, to which will be added the delivery fees of the respective Goods and / or Services.

By placing the Order, the Buyer agrees to receive the invoice via the e-mail address declared during the ordering procedure. The purchase price printed on the invoice will be the same as the one set by the Seller at the time of order confirmation.

The Buyer may pay for the Goods and / or Services ordered in the following ways:

Payment in cash in RON, upon delivery of the products, directly to the transporter's representative. The payment made by the Buyer represents the acceptance regarding the conformity of the ordered Goods and / or Services;
Online payment, by using a bank card when placing the Order;

9. Delivery of products

The products are delivered all over the country, considering the options expressed by the Buyer when placing the Order. During transport, the products are insured by Vinibuoni.

All products will be delivered to the address indicated by the Buyer and will be accompanied by a receipt / invoice. Delivery costs will be borne by the Buyer.

The delivery time is a maximum of 30 (thirty) calendar days and may vary depending on the availability of the products and the location of the recipient.

If there are justified reasons that make the Seller objectively unable to meet the delivery time, it may exceed 30 (thirty) calendar day, the Seller having the obligation to notify the Buyer immediately. The fortuitous case, force majeure, fault of the Buyer or fault of the transporter falls within the notion of justified reasons that may lead to the extension of the delivery term. In these situations, the Buyer cannot request from the Seller the termination of the Contract nor damages.

If the delivery is delayed more than 30 (thirty) calendar days, without a justified reason, provided that the address indicated is correct, the Buyer will ask the Seller to make the delivery within an additional period, according to the circumstances. If the Seller does not comply with the additional term, the Buyer may request in writing the termination of the Contract, the Order being canceled, and the Buyer will be refunded the full amount paid, without further damage, within 7 (seven) days from to which he communicated to the Seller his decision to terminate the Contract.

If the delay is due to the fact that the address indicated is incorrect or the Buyer has agreed to the delay, he can not request the termination of the Contract and no compensation will be granted.

The Seller is not responsible for delays due to the incorrect registration, by the Buyer, of the delivery information and his contact data. In this situation, the Buyer cannot request the cancellation of the order and its finalization will be established with the company that makes the delivery.

Also, the Seller does not assume responsibility for delays caused by the transporter, the responsibility falling entirely on him. The seller guarantees exclusively the fulfillment of the obligations related to his own person and his own employees.

The Buyer is solely responsible for checking the condition of the delivered goods. The receipt of the products and their payment by the Buyer, in the situation where the payment is made upon delivery, represents the acceptance of the products and removes the responsibility of the Seller for apparent defects. Please inform us on the accompanying sheet presented by the transporter about any damaged or missing products on delivery.

If the Buyer does not have the possibility to open the package and check the products at the time of delivery, apparent defects such as damage and missing products can be reported in writing within a maximum of 24 hours from the date of receipt of the products. After the expiration of the 24-hour period, it is considered that the delivered products have been accepted by the Buyer and the Seller's liability for apparent defects is removed.

Unless otherwise agreed by the Seller and the Buyer, the Seller discharges the risks of loss and damage and the responsibilities associated with the Goods sold at the time of delivery to the Buyer by the transporter. Ownership of the Goods is transferred to the Buyer on the date of signing their receipt and only if the price has been paid in full.

The seller will ensure the proper packaging of the Goods and the transmission of the accompanying documents. The Seller will ensure the delivery of the Goods on the Romanian territory.

The seller reserves the right not to accept orders from certain customers and deliveries to certain addresses.

10. Return conditions

In accordance with GEO 34/2014 on consumer rights in contracts concluded with professionals, as well as for amending and supplementing certain normative acts, the consumer has a period of 14 (fourteen) calendar days to withdraw from a remote contract, without have to justify the decision to withdraw and without incurring any costs, other than direct costs for the return of the products, such as, but not limited to bearing the cost of delivery to the Seller of the products to be returned.

In case he wishes to withdraw from the Contract, the Buyer has the obligation to notify the Seller in writing of his decision, without penalties and without invoking a reason and to pay the transport fee of these Goods to the Seller.

Declaration of withdrawal from the Contract will be sent to the e-mail address ([email protected]) and will include: the identification data of the Buyer, the order number, the brief description of the products to be returned, the manner of their delivery and the data bank account in which the Seller will return the amount of money paid by the Buyer as the price of the products. The Seller does not assume responsibility for the correctness of the data provided by the Buyer.

The term of 14 (fourteen) calendar days provided for the exercise of the right of withdrawal starts from the day immediately following the day of receipt of the Goods by the Buyer or a third party, other than the transporter and which is indicated by the Buyer.

If the Buyer orders in a single order multiple products that will be delivered separately, the withdrawal period begins to run from the day immediately following the day on which the Buyer or a third party, other than the transporter and which is indicated by the Buyer, enters into possession of the last delivered product.

In the case of delivery of a product consisting of several lots or parts, the withdrawal period begins to run from the day immediately following the day on which the Buyer or a third party, other than the transporter and which is indicated by the Buyer, enters into possession of the last product or of the last piece.

In the case of Contracts for the periodic delivery of products for a specified period of time, the withdrawal period begins to run from the day immediately following the day on which the Buyer or a third party, other than the transporter and which is indicated by the Buyer, enters into possession of the first product.

If the Buyer withdraws from the Contract within the legal term, he is obliged, at his own expense, to return to the Seller the Purchased Goods, as well as any gifts that accompanied those Goods, within a maximum of 14 (fourteen) calendar days from the date on which the Buyer sent to the Seller the declaration of withdrawal from the Contract.

Upon receipt of the withdrawal declaration, the Seller will refund the amount paid by the Buyer, within a maximum of 14 (fourteen) calendar days from the date of receipt of the Buyer's declaration. The amount will be returned to the bank account indicated by the Buyer in the withdrawal declaration. In the absence of indication of the bank account, the Seller will reimburse the amounts related to the returned Goods, in the bank account through which the online payment was made, and if the payment was made upon delivery, the Seller will request a valid bank account from the Buyer and the repayment term starting to run from the date on which the Buyer communicates the bank account to the Seller.

The Seller has the right to postpone the date of repayment of the amount indicated above, over the term of 14 (fourteen) calendar days, until the date of receipt of the Goods sold or until receipt of proof unequivocally stating that the Goods have been sent to the Seller, taking into account the nearest date.

If the Buyer does not want to give up the Contract and wants a replacement of a product / service of the same kind, there must be a value interdependence between it and the new product / service requested.

The Buyer cannot exercise his right of withdrawal and cannot return the products / services purchased through a Contract, and / or cannot claim damages in the following situations:

when the declaration of renunciation of the Contract is formulated beyond the legal term or when the Buyer does not return the Goods within the legal term;
if the Goods supplied have been unsealed by the Buyer, given that the Goods sold through the Site are sealed products which, for reasons of health protection or hygiene reasons, cannot be returned unsealed (eg. cannot be returned wine bottles opened);
if the Goods supplied require special storage conditions or are liable to deteriorate or expire rapidly:

The member is also aware of the following specific requirements :

The returned product must be in the same condition in which it was delivered (to have the original packaging and the accompanying documents). The product must be in perfect condition, including the packaging, with the related accessories, just like at the time of sale and not show any signs of use or wear. No exceptions are allowed (for example, damaged packaging, scratches or other physical defects).
In all cases, the return / re-shipping costs will be borne by the Buyer, except in case of non-conformity of the product, in which case the Seller will bear the value of the transport.
Any delivery service can be used if the product (s) is (are) delivered directly to the Seller's address. The seller did not pick up the parcels sent by the Romanian Post, from the post offices. The decision of whether or not to insure the package during the transport from the customer to the Seller, is the responsibility of the Buyer. The seller becomes responsible from the moment he signs the receipt of the package (s), in the sense of confirming the receipt of the package (s), quantitatively and qualitatively. The seller undertakes that within 10 (ten) days from the confirmation of receipt of the package (s) to perform the quantitative and qualitative reception of its contents (time).
In case of delivery of a product other than the one ordered, the Buyer can return it. In this situation, the Seller will bear all transport costs and will deliver the requested product, within a maximum of 30 (thirty) days. The seller can deliver a product or service of a quality and at a price equivalent to those requested only if this has been expressly accepted by the buyer.

Any diminution in the value of the Goods resulting from their handling, other than those necessary to determine the nature, qualities and operation of the Goods (eg. packaging is damaged, scratched or other physical defects) is the responsibility of the Buyer. In this situation, the Seller will be able to deduct, from the price of the returned Good, an amount of money that represents the decrease of the value of the Good in proportion of 5% - 20% of the initial value of the Good, as the case may be. The Seller will notify the Buyer of this withholding as soon as he receives the Goods.

11. Registration as a member, password and behavior as a member.

By registering as a member you will be asked to choose a username (email address) and a password. You are responsible for keeping your password as a member of the Site secure, any activity carried out under your username being entirely your responsibility.

You agree to notify us immediately of any loss of password or sign of unauthorized activity under your username. You are fully aware of the fact that any information, data, text, photos, graphics, etc. contained in this Site are the responsibility of that person / entity from which it comes. Under these conditions we cannot in any form, directly or indirectly, be held responsible for the content of the Site including, but not limited to, truncated, incomplete or incorrect information or for any consequences of their use.

12. Warranties

All products displayed on the Site benefit from conditions of guarantee of conformity according to the Romanian legislation, but also to the commercial policies of the producers and suppliers.

All products sold by suppliers come from sources authorized by each manufacturer.

The Goods Guarantee can be granted only in the following cases:

The good is defective at the factory, a defect that prevents its normal use;
The Good is damaged or destroyed as a result of transport, in which case the Good will be replaced;

Any complaint regarding deficiencies of the products purchased on the Site can be sent to the e-mail address [email protected].

13. Force Majeure

Suppliers reserve the right to delay or cancel deliveries of ordered products if they cannot be honored for reasons beyond their control, such as adverse weather conditions, epidemics, protests, etc.

Each party has the right to notify the other party of the full termination of the Contract, if within 15 days, one of the events in the previous point does not end. In that case, neither party may claim damages from the other.

14. Litigation

By using, viewing or purchasing the products on this Site, the Buyer has become aware that it is subject to the Romanian laws governing the above Terms and Conditions and any dispute of any kind that may arise between the Buyer and the Seller. In case of possible conflicts between the Seller and its Customers, we will first try to resolve them amicably in at least 30 working days.

If an amicable settlement is not possible, the dispute will be resolved in the competent court in accordance with the laws in force.

15. Disclaimer of Warranties and Limitations of Liability

The content of the Site (texts, product descriptions, technical characteristics, images, symbols) is the property of the Seller and its partners and was compiled in collaboration with the suppliers of the products presented. The images are presented on the Site as an example, and the products actually delivered may differ from the images in any way (color, accessories, appearance, etc.).

The site and related materials are provided "as is" and "as available".

The Seller does not assume responsibility and cannot be held liable for any damages caused by the use in any way of the products purchased through this Site, products for which the Seller does not offer any guarantee, express or implied.

The seller does not guarantee and will not be held liable if the products purchased do not correspond to the purpose for which they were purchased.

Seller also makes no representations or warranties regarding any consequences that may arise from the failure of the Services, the delay in information or the security of its applications.

The Seller shall not be liable for any damages of any kind, including but not limited to any direct, indirect or incidental damages.

16. Fraud

The seller does not request from its customers or members by any means of communication (e-mail, telephone, SMS, etc.) information regarding confidential data, bank accounts / cards or personal passwords.

The customer / member assumes full responsibility for disclosing his confidential data to third parties.

The Seller disclaims any responsibility, in the event that a member is harmed in any form by a third party who claims to be / represents the interests of the Seller.

The Customer or the Member will inform the Seller of such attempts, using the contact details.

The seller does not promote SPAM. Any member / customer who has explicitly provided his / her email address on the Website may opt to deactivate the customer account for this email address.

Communications made by the Seller by electronic means of distance communication (eg e-mail) contain the complete and compliant identification data of the sender or links to them, at the date of transmission of the content.

The following purposes achieved or not, will be considered an attempt to defraud the Website / Content and / or the Seller's company. The seller reserves the right to address any competent authority against the person or persons who have tried to, or have achieved, the following purposes:

to access the data of any type of another member / Client by using an account or by any other method;
to alter or modify the content of the Website or any correspondence sent in any way by the Seller to the member / Customer;
to affect the performance of the server / servers on which the Website runs;
to access or disclose to any third party who does not have the necessary legal authority, the content sent by any means by the Seller to the Member / Customer when he is not the legitimate recipient of the content.

The Client of the Website agrees, and the Seller has the obligation that in case of suspicious or declared suspicious transactions, at the request of any public authority, authorized institution, partner banking unit or other such entity, to communicate the personal data of the Client, putting it is in view of the applicant's data that he has an obligation to maintain the confidentiality of the data communicated.

17. Data protection

By accepting the Terms and Conditions, the members of this Site consent to their personal data being collected, used and transferred by the Seller, in accordance with Regulation (EU) 2016/679 (“General Data Protection Regulation” or “GDPR”), as well as with any other legislation applicable on the territory of Romania. These laws provide that the Seller has the obligation to administer in conditions of transparency and security and only for the specified purposes the personal data provided by the member.

We generally collect personal data directly from the Member or Buyer, so that they have control over the type of information they provide to us.

By creating an account, the member sends us: e-mail address, name and surname. By placing an Order, the Buyer sends us information such as: the desired product, name and surname, delivery address, billing details, payment method, telephone number, etc.

The purpose of data collection is:

to inform our members and Buyers about the status of their account on the Website, as well as about the status and evolution of orders,
for commercial, marketing, advertising and market research activities,
to improve our services;

Completing your data in the account creation and order forms implies unconditional acceptance of these terms and conditions, which also means that you agree that this personal data will be stored, used and processed by the Seller or our affiliates and collaborators, compliance with the provisions of confidentiality.

Depending on the situation, we may transmit or provide access to certain personal data to the following categories of recipients: Seller's partners, courier service providers, payment / banking service providers, IT service providers.

Personal data may be transmitted to the authorities empowered to verify commercial transactions or to other authorities empowered to carry out justified checks under the law, if this is required in accordance with the laws in force.

According to the legislation in force, all members and Buyers enjoy the right to information, the right to access and intervene in data, the right to request the correction of any errors contained in our files regarding personal data, the right to oppose the processing of personal data and to request their total or partial deletion, the right to lodge a complaint with the competent supervisory authorities or to go to court.

We have no obligation to comply with the request to delete personal data if the processing of personal data is necessary to comply with a legal obligation or to establish, exercise or defend a right of the Seller in court.

To exercise these rights, you may submit a written, dated and signed request, sent electronically or by mail to DPO ADDRESS / EMAIL.

The seller takes all measures to prevent unauthorized access to the personal data collected. Despite all measures taken to protect the personal data collected, we warn you that the transmission of information via the Internet is not completely secure, there is always the risk that the data will be viewed and used by unauthorized third parties. We cannot be responsible for vulnerabilities of some systems which are not under the control of the Seller.

In Romania, the contact details of the data protection supervisory authority are the following:

National Authority for the Supervision of Personal Data Processing, Gheorghe Magheru Boulevard no. 28-30, postal code 010336, Bucharest, Romania, Telephone: +40.318.059.211 or +40.318.059.212, E-mail: [email protected].

For additional information, please check the section on the Site dedicated to the protection of personal data: Privacy Policy.

18. Security of transactions

Orders must be paid before delivery is completed. Payments can be made by debit / credit card, by bank transfer, or cash, upon delivery of the order anywhere in Romania. The security of the transactions is ensured by the service providers for bank card transactions, and the Seller does not have access to the information on your bank card.

The transactions on the Site are subject to the Romanian laws that control electronic commerce and the consumer protection law. The seller is not liable for any harmful interventions by third parties.

In case of using cards from countries with a currency other than RON, the Seller is not responsible for the exchange rate or any fees used by the bank or the service provider for bank card transactions. These costs will be borne entirely by the Buyer.

Everyone who visits the Site undertakes not to harm other people and not to violate their personal data.

Last but not least, the users of the Site are responsible for all activities that occur by accessing their personal account and password. The seller is not responsible for errors due to user negligence regarding the security and confidentiality of the account and password.

19. Final Provisions

The products sold by Vinibuoni Trading are not intended for resale.

The Seller reserves the right to make any changes to these provisions, as well as any changes to the Website without prior notice to the member.

Within the provisions of this document, Seller shall not be liable for any errors on the Website for any reason, including changes, settings, etc., which are not made by the administrator of the Website.

The Seller reserves the right to insert advertising banners of any kind and / or links on any page of the Website, in compliance with the legislation in force.

20. FEEDBACK

If you have any questions or suggestions regarding the Seller, please contact us at Str. Nicolae G. Caramfil 12-14 C / [email protected] / +4 0310 050 415

Any comments, questions, feedback, ideas, suggestions or other communications or information about or relating to the Website, its functionality or improvement will remain the property of the Seller.