General Terms and Conditions of Sale
These general terms and conditions of sale (hereinafter the "Conditions") apply between the company Vinab Srl, (hereinafter "Company"), and any individual or entity (hereinafter "Customer") placing an order through the website messageonabottle.it (hereinafter "the Site").
The Conditions applicable to orders are those published on the Site on the day the orders are placed. Any changes made do not affect the rights acquired in accordance with the Conditions applicable on the day of the order. The last update of the Conditions was made on 20/04/2022.
By ticking the box "I accept the terms and conditions of sale" when confirming the order, the Customer declares to have read and accepted without reservation these Conditions and the related Privacy Policy provided therein.
With regard to Italian citizens, sales on the Site are reserved only for those who have reached the age of 18. A non-Italian buyer can purchase products on the Site only if they are of legal age according to their national law. In any case, the user making purchases on the Site undertakes to indemnify the Company for any liability in the event of making purchases on the Site without complying with their national law regarding age limits.
General Information Sales from this Site are carried out by Vinab Srl - Via Vico Veneto 17/19 - 20072 Fizzonasco di Pieve Emanuele (MI), VAT number IT 12356260963, the licensee of the Message ON a Bottle brand. In case of problems related to the order or the use of the Site, the Customer can contact the Company via email at info@messageonabottle.it, through the chat on the Site, or by phone/WhatsApp at +39 02 90782696 (Monday to Friday, from 9 am to 5 pm, excluding national holidays).
Products
a. The products offered on the Site are accompanied by a complete and accurate description so that the Customer can evaluate them appropriately. The Company commits to presenting them through photos and texts, reserving the right to modify product information without notice to align with that provided by the manufacturers.
b. Although the Company takes great care to accurately represent the colors and images of the products, it cannot guarantee that they will appear exactly as they are on the Customer's device.
Orders
a. To order personalized products on the Site, it is necessary to choose at least one label from those offered in the library or upload one (according to the instructions in the dedicated section) and associate it with one of the products for sale on the Site. The customization of the label may include text and/or images. By clicking "Add to Cart," the chosen items are added to the cart without obligation to purchase. Before proceeding with the purchase, the Customer is presented with a summary of the products in the cart. Products can be removed from the cart at any time by clicking "Remove." It is also possible to modify the desired quantity by changing the number of pieces for each product in the cart and then clicking "Update" to know the order amount. To proceed with the order, the Customer must click "Proceed to Checkout" and enter the required billing information, shipping address, choose the delivery service from those offered, and indicate the payment method. At this stage of the purchase process, it is also possible to enter a "discount code." If the Customer wishes to continue with the purchase of the products, they must tick the box "I accept the terms and conditions of sale" and click "Proceed with the order." An order summary will be shown, and the Customer can verify the correctness of all entered data before clicking "Submit Order." The purchase process can be interrupted at any time before clicking "Submit Order" by simply closing the browser window.
b. It is not necessary to register before making a purchase. The system will automatically create a user profile consisting of a username and a (temporary) password that the user can use for subsequent purchases (without having to re-enter their data) or to view their orders and created labels.
c. The sales contract will be concluded upon confirmation and payment of the order, in accordance with the instructions provided in the following art. 5 (Payment) and in the language used for consulting the Site, on the condition that the personalized content (message, photograph, or image) that the Customer wishes to reproduce complies with the provisions of Article 8 of these Conditions and/or the technical requirements indicated on the Site. If the personalized content does not comply with these provisions, the Customer will be contacted at the email address provided at the time of the order to propose the necessary modifications to make the personalized content suitable for the aforementioned provisions. In case of no response to the email within 2 working days, the contract will be considered terminated, the order will be canceled, and the amounts paid at the time of placing the order will be fully refunded within the next 10 days. In any case, the Customer's failure to comply with the provisions of Article 8 and/or the technical requirements stated on the Site may result in an extension of the delivery times. The delivery time applicable to the order will begin from the moment the provisions of Article 8 of these Conditions and/or the technical requirements indicated on the Site are satisfied. Once the order is validated, the Customer will receive a confirmation via email summarizing the essential elements of the order. If the information regarding the order summarized in the email is not correct, the Customer is invited to contact the Company at the contact details indicated at the beginning of these Conditions and in the "Contacts" section of the Site within 2 days of receipt. If the order has not yet gone into production, the necessary changes will be made before it is completed. If the order has already gone into production and it is found that the error was due to the Company, the order will be fully refunded.
d. Sales contracts are stored in a computerized database. Each Customer can access their sales contract at any time by contacting the Company, using the contact details provided at the beginning of these Conditions, for ten years from the date of conclusion of the sales contract.
e. The Customer will be informed about the status of their order with updates via email. At any time, the Customer can access their reserved area and independently check the order status.
f. If the Customer wishes to modify their order after completing it, they can contact the Company at the contact details provided at the beginning of these Conditions and in the "Contacts" section of the Site. If the order has not yet gone into production, it will be possible to modify it at no additional cost. If the order has already gone into production and the order status is "in printing," it will not be possible to make changes to the personalized products in the order, but only to the information related to the delivery address. If the order has already been shipped, no changes can be made.
4. Prices, shipping costs, taxes and duties
a. The prices of products for sale are expressed in (Euros) and are to be understood as inclusive of a 22% VAT. The Company reserves the right to change product prices at any time. The prices applied to ordered products are those published on the website at the time of order submission by the customer.
b. Discounts may be applied, calculated based on the number of products purchased in a single order or, more generally, following the application of a discount code.
c. Any taxes, taxes, duties, and other charges required by the laws of the state to which the products are shipped and delivered will be entirely borne by the recipient and must be paid by them at the time of delivery, directly to the competent tax or customs authorities or to the courier making the delivery.
d. The price of each product does not include shipping costs. The customer is required to pay a contribution to the shipping costs, which may vary depending on the type of delivery service chosen, as well as, for example, the quantity of products to be delivered, their volume, weight, and destination. This shipping cost will be clearly indicated separately (during the checkout process) so that the customer is aware of it before payment and order submission. There is no shipping cost for picking up purchased products at the Company's headquarters. The shipping cost is to be paid by the customer, in the case of completing the sales contract, together and simultaneously with the payment of the price of the purchased products, according to the methods described in the subsequent article 4 (Payment). To find out about applicable shipping costs, click here.
5. Payment
a. Customized products are produced only from the effective and full payment date of the order.
b. The customer can make the payment for the price of the purchased products and the contribution for shipping costs using the following payment methods: Credit card, PayPal, or other electronic payment platforms, advance bank transfer. The Company reserves the right to change, at any time, the payment methods available, provided that, with reference to each order, only those published on the website at the time of order submission by the customer will be considered usable.
c. In the case of payment by credit card or other forms of electronic money, to protect the customer's personal data, transactions for the payment of orders placed on the website are carried out directly on the secure and encrypted platforms of the financial partners who own the electronic payment circuits. At no point in the purchase process is the Company able to know the information related to the customer's credit card or other forms of electronic payment used. Therefore, the Company cannot be held responsible for any fraudulent and unauthorized use of credit cards or other forms of electronic payment by third parties used for the payment of products purchased on the website.
d. In the case of payment by advance bank transfer, what the customer ordered will be kept committed until the effective credit of the corresponding amount to the bank account indicated by the Company at the time of order completion. The reason for the bank transfer must necessarily include: 1) the order number; 2) the name and surname of the order holder. The bank details for the transfer will be communicated to the customer via email upon order confirmation. In order to expedite the accounting verification procedures and, consequently, the shipment of the purchased products, the customer can send proof of the completed bank transfer via email to the contact information provided at the beginning of these Conditions and indicated in the "Contacts" section of the website.
6. Shipment
a. Products will be delivered, through trusted carriers or couriers, to the shipping address provided by the customer at the time of placing the order. The shipping address may differ from the billing address. It is possible to modify shipping information until the order status indicates "shipped," by contacting the Company at the contact details provided at the beginning of these Conditions and in the "Contacts" section of the website.
b. The Company uses suitable and secure packaging, designed to ensure the integrity of the products. In any case, upon delivery of the goods by the courier, the customer is required to verify that the packaging is intact, undamaged, or otherwise altered, including the closure materials (adhesive tape), and that there is no leakage of liquids. Any damage to the packaging and/or the product must be immediately contested by placing a written control reservation and specifying the reason for the reservation on the courier's delivery document. Once this document is signed, the customer can no longer raise any objections regarding the characteristics of the delivered items. Any issues related to the physical integrity, correspondence, or completeness of the products received must be reported within 3 days of delivery to the contact details provided at the beginning of these Conditions and in the "Contacts" section of the website.
c. Delivery times, as indicated on the website, take into account the production of customized products and their shipment. Approximately, without any commitment for the Company and subject to the availability of products on the market and any force majeure causes, the goods will be handed over to the courier on the working day following the receipt of the payment. The average delivery times in Italy are 1-2 working days, except for islands and disadvantaged areas, for which 3-4 working days are expected. Delivery times are indicative and subject to change in case of obstacles such as, for example, an incorrect delivery address or force majeure causes.
7. Right of withdrawal
a. In accordance with art. 59 paragraph c) of the Consumer Code, the right of withdrawal applicable to distance contracts and contracts negotiated away from business premises is excluded for the "supply of goods made to the consumer's specifications or clearly personalized."
b. The right of withdrawal, as provided for in articles 52-58 of the Consumer Code, is instead applicable to non-customized products purchased on the website by the customer, such as accessories, provided they are not subject to customization. To exercise this right, within 14 days from the moment the customer physically takes possession of the non-customized products ordered, the customer must inform the Company of their decision to partially withdraw from the sales contract through an explicit statement to be sent exclusively via email to the email address indicated at the beginning of these Conditions and in the "Contacts" section of the website.
c. The non-customized products subject to the withdrawal request must be returned, at the customer's expense, to the address indicated at the beginning of these Conditions and in the "Contacts" section of the website within 14 days from the date the withdrawal decision was communicated. Any damage to the non-customized products or their loss during the return shipment to the Company may decrease, if not eliminate, the value of the returned products.
d. Refunds will be made within 10 working days, using the same payment method selected at the time of purchase.
8. Customer's obligations
By ordering products on the website, the customer declares and warrants:
a. To have the legal capacity to subscribe a sales contract;
b. To order the products for exclusively personal use, committing not to market, resell, or distribute the products in any way;
c. Not to submit any personalized content that is "inappropriate" to be printed on the products. The term "inappropriate" specifically refers to anything defamatory, offensive, pornographic, sexually explicit, unlawful, discriminatory, or offensive regarding racial or ethnic origin or sexual preference, as well as any content that may be considered harassing, abusive, threatening, harmful, vulgar, obscene, or violent, or that constitutes a violation of a person's rights, including the right to image and privacy recognized to any natural person, or an individual freedom, or a distorted or false representation of facts, or speech inciting hatred, or that may encourage breaking the law through any means or is otherwise inappropriate;
d. Not to submit any personalized content that may infringe on the property rights of third parties, particularly intellectual property rights, and undertakes to indemnify the Company against any claims by third parties for such reasons in accordance with Article 9 of these Conditions.
9. Intellectual property
a. All elements of the website, whether visual or auditory, including the underlying technology, are protected by copyright, trademarks, or patents. They are the exclusive property of the Company. Any reproduction or representation, in whole or in part, constitutes a violation of intellectual property rights and may result in civil and criminal liability for the perpetrator of the violation. It is strictly prohibited to insert a hyperlink to the website that leads to any other website using the so-called "framing" or "deep linking" technique.
b. The customer authorizes the Company to use the personalized content they have chosen to reproduce on the products for sale on the website. They may be published on the website or on any other digital platform, as well as on any other medium, for commercial communication purposes to show other customers practical examples of personalized content. This authorization is provided free of charge, worldwide, and for the entire duration of the available protection of intellectual property rights. In this regard, the customer guarantees the peaceful enjoyment of the use of this personalized content, according to the conditions defined in the previous Article 8 of these Conditions (Customer Commitments).
10. Limitation of liability
The Company cannot be held responsible if the non-performance or inaccurate execution of one or more obligations contained in these Conditions or provided for by current regulations is attributable to: a) the Customer: all responsibility is disclaimed in case of any spelling or other errors committed by the Customer when creating personalized content on the Website; b) an unforeseeable, unavoidable, and insurmountable act of a third party; c) a force majeure event such as, for example, a general strike, a natural disaster, or a fire.
11. Indeminification
The Customer agrees to assist and indemnify the Company, its representatives, employees, or collaborators against any complaint or claim (in particular, by way of example, regarding legal costs and attorney's fees) arising from or in relation to any negligent violation, of any kind, committed by themselves or by any other person using their account, of the obligations undertaken and the guarantees recognized in accordance with these Conditions.
12. Privacy
The Customer is required to carefully read the Privacy Policy, which describes the use of their personal information communicated during the use of the Website and the placement of an order.
13. Complaints
Any complaints must be submitted to the Company using the appropriate contact form accessible from the website footer under "Contact Us," or by registered mail with return receipt or certified email to the following addresses: Vinab srl Via Vico Veneto 17/19 - 20072 Fizzonasco di Pieve Emanuele (MI) Certified email address: vinab@pec.it The Company undertakes to respond to all requests received within a maximum of 7 working days.
14. Online Dispute Resolution for Consumer Disputes (ODR)
Customers who are consumers have the option to conduct an online conciliation procedure in the event of a dispute provided by the European Commission. To access the platform, use the following link: https://ec.europa.eu/consumers/odr
15. Applicable law
All contracts entered into between the Company and the Customer in the manner described above will be subject to, interpreted, and applied according to Italian law, in particular, in accordance with the Consumer Code (Legislative Decree 206/2005) and Legislative Decree 70/2003.