Terms and conditions:
The Provider reserves the right to modify these Terms and Conditions and the Privacy Policy from time to time, for example due to changes in legislation or regulations or in the functions of the Website. The aforementioned changes will be notified to Users through the Website with a special notice and for a duration of 10 (ten) days from the date of the change.
The following are the Terms and Conditions applicable to any Product offered on the Website.
ART. 1 DEFINITIONS
For the purposes of this contract, the following definitions shall apply:
Supplier: Cavo Luigi Beverage Solutions Srl with registered office in Genoa (GE) 16149 at via De Marini n. 60, registered at the Companies’ Register of Genoa P.IVA 02572440994, email: info@cavo.net
Terms and Conditions or Contract: the set of the present contractual clauses that determine and define the relations between the Supplier and the Professional.
Platform or Website: www.cavo.net
Users: any person who accesses the Website and continues browsing it
Professional: the natural or legal person acting in the exercise of his entrepreneurial and commercial activity and who purchases with VAT number.
Products: non-alcoholic products, spirits, super spirits and the like.
Purchase order or Order: the purchase proposal made by the Professional through the procedures of the Website and in particular through the Shopping Cart.
ART. 2 OBJECT
These Terms and Conditions concern the possibility for Professionals to book the products referred to in Article 3 below and are valid between the Supplier and any Professional who places an order on the Website. Should one of the conditions be null or ineffective, the possible nullity or ineffectiveness does not extend to the remaining clauses of these Terms and Conditions.
ART. 3 DESCRIPTION OF THE PRODUCTS
The Website deals with non-alcoholic products, spirits, super spirits and spirits. All the products offered are described and illustrated within the Website, in their respective sections. The images of the Products on the Website are for demonstration and illustration purposes and are represented as best as possible. However, there may be some errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the actual Product. The photographs of the Products presented on the Website therefore do not constitute a contractual element, as they are merely and symbolically representative of the Product offered.
ART. 4 PRICES
The prices of the Products are in euros. After registration and online accreditation, the Customer will see the individual prices of the Products.
ART. 5 REGISTRATION
In order to be able to access the products on the Website, the User must make a special registration request, through which he must enter his complete personal, business and tax data.
The User who wishes to register must provide all the data requested and is responsible for their truthfulness and correctness.
In the case of registration, the User warrants at the time of data entry that he:
- being of legal age and legally capable;
- possess the proper registration requirements at the time of registration;
- comply with all legal and contractual regulations applicable to these Terms and Conditions;
- be the lawful owner of the data entered, which shall be deemed true, correct and up-to-date.
Registration coincides with the opening of an account.
After acquiring the data and the request to be able to register, the Supplier will proceed to check the fiscal requirements and the validity of the user account requested and through the e-mail address given during registration will notify the Professional the credentials to access the reserved area and from that moment the Professional will be able to see the prices of the individual products.
It is forbidden to use temporary e-mails for registration. In cases of abuse, the Supplier reserves the right not to accept the registration, to revoke it, as well as to report for action to the competent Authorities.
All transmitted data will be treated in the utmost respect of privacy protection regulations. The Supplier will use them to complete orders, and only if explicit consent is given in this regard, the data may also be processed for the purpose of providing information on its initiatives, such as news or promotional discounts.
ART. 6 PROCEDURE FOR THE CONCLUSION OF THE SALE
For the purchase of the Products the Professional will be contacted by the Supplier to finalise the sale. The Professional sends the Supplier a purchase proposal for the Products chosen. Upon receipt of the request, the Supplier will automatically send the Professional an initial message of receipt of the proposal. With this communication, the Supplier merely confirms to the Professional that he has received the order and that he has subjected it to a data and product availability verification process. After this verification, the Professional will receive the confirmation e-mail to proceed with the payment or an e-mail indicating any problems. Communication from the Supplier to the Professional will take place by means of an e-mail, sent to the e-mail address communicated. The Supplier reserves the right to assess the acceptance of the orders received and may refuse or in any case not process purchase orders that are incomplete or incorrect, or if the Products are unavailable or involve the delivery of the Products ordered in certain geographical areas that are difficult to reach.
The Supplier will inform the Professional of any impossibility to accept the orders received in the shortest possible time starting from the moment in which the Professional transmitted the Order. Any right of the Professional to damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an Order by the Supplier.
ART. 7 PROHIBITION OF SALE TO THIRD PARTIES
The Professional acknowledges and accepts that he is not authorised to resell the Supplier’s products to third parties without the Supplier’s express permission, granted directly or through a specific resale programme.
ART. 8 NON-DISCLOSURE AGREEMENT
The Professional, by signing these Terms and Conditions, undertakes to keep confidential and reserved information of which he becomes aware confidential. More specifically, such must be intended, by way of example but not limited to, the Supplier’s information concerning:
- the products and/or production processes applied by the Supplier;
- the price lists sent by the Supplier to the Professional;
- all the Supplier’s know-how
- the Supplier’s commercial information;
- prices, economic agreements, between the Supplier and the Professional.
This Confidentiality Agreement does not expire and its effectiveness starts from the date it is signed.
In the event of a breach by the Professional of obligations underwritten with the present agreement, the same shall be obliged to pay the Supplier, pursuant to and for the purposes of Article 1382 of the Italian Civil Code and by way of a penalty, the sum of € …. (…), subject to proof of greater damage.
ART. 9 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website (and its content and graphics), the trademark, the domain name, the related sub-domains and all the intellectual and industrial property rights relating thereto are the exclusive property of the Supplier, are reserved by him and are not and will not be transferred or licensed under any circumstances to the Customer. Therefore, the User or the Customer may not reproduce, duplicate, copy and redistribute, retransmit even to other Websites, transfer or otherwise make available to third parties for any reason whatsoever, or otherwise use the Websites and/or the Contents of the Website for purposes other than storage and/or consultation, without the prior express and formal approval of the Supplier.
ART. 10 FAILURE TO EXERCISE A RIGHT
The Supplier’s failure to exercise a right does not represent any waiver of its right to take action against the Customer or any third party for breach of commitments undertaken. The Supplier therefore reserves the right to enforce its rights in any case, within the terms granted.
ART. 11 PROCESSING OF PERSONAL DATA (PRIVACY)
The Personal Data supplied or acquired will be subject to processing based on principles of correctness, lawfulness, transparency and protection of confidentiality in accordance with the regulations in force. The Supplier, in its capacity as Data Controller, processes the Users’ Personal Data by adopting appropriate security measures aimed at preventing unauthorised access, disclosure, modification or destruction of Personal Data. The Processing is carried out using computer and/or telematic tools, with organisational methods and logics strictly related to the purposes indicated. The User’s Data are collected for the execution of pre-contractual measures; to fulfil the obligations deriving from the stipulated contract; for the registration procedure aimed at the purchase of Products; to follow up on specific requests made to the Controller by the User; to send promotional and commercial information and offers also through the newsletter service on the basis of the User’s freely expressed consent; for soft spam purposes for promotional communications concerning the Products purchased without the need for the User’s express and prior consent, as provided for by art. 130, 4 paragraph, Privacy Code as novated by Legislative Decree no.101 of 2018. The Customer is therefore invited to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to processing where required (Cookie Policy).
ART. 12 APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are entirely governed by Italian law.
Any dispute arising out of or in connection with the validity, interpretation, performance and termination of these Terms and Conditions shall be under the exclusive jurisdiction of the Court of Genoa.
ART.13 COMMUNICATIONS
For further information of any kind, it is possible to contact the Supplier at the following addresses: info@cavo.net.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read and accepted all the clauses of these Terms and Conditions of Sale and in particular those of Articles 3, 5, 6, 7, 8, 9 and 12.
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