Terms and conditions

Welcome to VillaBibbiani.it  (“VillaBibbiani.it”). VillaBibbiani.it includes VillaBibbiani.it, and other Internet sites affiliated with Immobiliare Avita, Srl (each a “VillaBibbiani.it Site”). Each VillaBibbiani.it Site is operated by Immobiliare Avita, Srl, and its affiliates (collectively referred to herein as “we,” “us,” or “our”).

PLEASE NOTE THAT YOUR USE OF THE VILLABIBBIANI.IT SITE IS SUBJECT TO THE FOLLOWING TERMS (“TERMS OF SERVICE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS VILLABIBBIANI.IT SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE VILLABIBBIANI.IT SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY VILLABIBBIANI.IT FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE VILLABIBBIANI.IT SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

USER OBLIGATIONS:

You agree not to do any of the following while using the VillaBibbiani.it Site:

  • Intentionally or unintentionally violate any applicable law or regulation.
  • Access, tamper with, or use nonpublic areas of the VillaBibbiani.it Site or VillaBibbiani.it’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • You will not access the VillaBibbiani.it Site with any manual or automated process for any purpose other than to purchase VillaBibbiani.it products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the VillaBibbiani.it Site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes.
  • Frame or link to the VillaBibbiani.it Site except as permitted in writing by VillaBibbiani.it.

THE SALE OF ALCOHOLIC BEVERAGES

VillaBibbiani.it does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. VillaBibbiani.it makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from VillaBibbiani.it is over the age of 21. You also agree that any alcohol purchased from VillaBibbiani.it is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 VillaBibbiani.it will prosecute you fully to the extent allowable by law.

TITLE AND OWNERSHIP

Title to, and ownership of, all wine passes from VillaBibbiani.it to the purchaser at the point of departure from Villa Bibbiani and Villa Bibbiani arranges for shipping as agent of purchaser. By arranging for transportation of the wine, VillaBibbiani.it is providing a service to, and acting on behalf of the purchaser. By utilizing this service from VillaBibbiani.it, the purchaser is representing that he/she is acting in a fashion compliant with his/her local, state, territorial, or other political subdivision laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

THIRD PARTY CONTENT AND MONITORING

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this VillaBibbiani.it Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of VillaBibbiani.it. VillaBibbiani.it neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this VillaBibbiani.it Site by anyone other than authorized VillaBibbiani.it employees acting in their official capacities.

PARENTAL CONTROL PROTECTIONS

As required by the Communications Decency Act of 1996, VillaBibbiani.it hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. VillaBibbiani.it does not sponsor or endorse any of these companies or their services.

LINKS

The VillaBibbiani.it Site may contain links to other web sites or resources. You acknowledge and agree that VillaBibbiani.it is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the VillaBibbiani.it Site does not imply that VillaBibbiani.it endorses the linked site.

PAYMENT

In the event that a transaction is processed with insufficient/no payment, we have the right to use any payment method we have on record for you, and to charge any credit card, debit card, or any other payment method that we have on file for you one or more times, for full or partial amounts, as reasonably necessary for us to collect the payment due from you, or to contact you to arrange for remittance before your package(s) may be cleared for dispatch.

ESTIMATED DELIVERY DATE

VillaBibbiani.it uses a third-party delivery service at the request of purchaser. Delivery times therefore serve as an estimated delivery date from the third-party. Delivery dates take transit times into account including weekends, holidays, and your chosen shipping speed. VillaBibbiani.it gives orders to our third-party delivery service without undue delay, but we will notify you if there is a delay on our part of items being shipped.

RETURNS – ALL SALES ARE FINAL

DAMAGED IN SHIPMENT

If you receive your wine and it has been damaged during shipment, please email us at customerservice@VillaBibbiani.it within 3 days of receiving the shipment. Include a description of the damages and include pictures if possible. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced if the loss is due to improper packing. VillaBibbiani.it is not responsible for any loss, damage, dissatisfaction, etc. that occurs to an order after reaching the order’s U.S. based destination.

REFUNDS

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. Appeasements, if any, are given at the sole discretion of VillaBibbiani.it.

To be eligible for a refund on any bottle over 50 EUROS, you must return the product to us, following the return policy expressed in these Terms. Please contact customerservice@VillaBibbiani.it for assistance.

EXCHANGES

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at customerservice@VillaBibbiani.it.

 

PROTECTION OF CONTENT PROVIDED BY VILLABIBBIANI.IT AND ITS LICENSORS

All text, prices, graphics, logos, icons, images, audio clips and software on the VillaBibbiani.it Site (“Site Content”) are copyrighted materials owned by or licensed to VillaBibbiani.it. The Site Content may contain trademarks, service marks and trade names which are owned by VillaBibbiani.it and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by VillaBibbiani.it, its affiliates, or third parties. “VillaBibbiani.it” is a trademark of VillaBibbiani.it. Unless authorized in writing by an officer of VillaBibbiani.it, VillaBibbiani.it’s trademarks may not be used in connection with any product or service that is not VillaBibbiani.it’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VillaBibbiani.it. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of VillaBibbiani.it or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the VillaBibbiani.it Site. Nothing contained in the VillaBibbiani.it Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of VillaBibbiani.it, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to VillaBibbiani.it, its affiliates, and/or any third party, as applicable.

COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT

VillaBibbiani.it respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide VillaBibbiani.it’s Designated Agent the following information:

Claims of infringement should be in writing and should be directed to VillaBibbiani.it’s designated agent as specified below. Please include the following information:

  • A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

NOTICES

VILLABIBBIANI.IT will give you any necessary notices by posting them on the VillaBibbiani.it Site. You authorize VILLABIBBIANI.IT to send notices via electronic mail as well if VILLABIBBIANI.IT decides, in its sole discretion, to do so. You agree to check the VillaBibbiani.it Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the VillaBibbiani.it Site.

DISCLAIMER OF WARRANTIES

ALTHOUGH VILLABIBBIANI.IT ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE VILLABIBBIANI.IT SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE VILLABIBBIANI.IT SITE. VILLABIBBIANI.IT DOES NOT WARRANT THAT YOUR USE OF THE VILLABIBBIANI.IT SITE, OR THE OPERATION OR FUNCTION OF THE VILLABIBBIANI.IT SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

YOUR USE OF THE VILLABIBBIANI.IT SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. VILLABIBBIANI.IT AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE VILLABIBBIANI.IT SITE. THE VILLABIBBIANI.IT SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL VILLABIBBIANI.IT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE VILLABIBBIANI.IT SITE, THE USE OR PERFORMANCE OF THE VILLABIBBIANI.IT SITE, THE DELAY OR INABILITY TO USE THE VILLABIBBIANI.IT SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VILLABIBBIANI.IT SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VILLABIBBIANI.IT SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VILLABIBBIANI.IT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VILLABIBBIANI.IT SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VILLABIBBIANI.IT SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS VILLABIBBIANI.IT’S LIABILITY OR YOUR REMEDIES.

ACCESSIBILITY INFORMATION

VillaBibbiani.it strives to have our website and mobile applications accessible and user-friendly to everyone. We believe that all adults should be able to share our passion and be able to buy wine and spirits online. To accomplish this, we follow the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA. We take this standard seriously. Here are a few measures we have taken to reach this goal: we have partnered with third parties to test our website for accessibility issues, changed our color contrasts, changed our website to allow for full keyboard access, and changed our website and applications to better accommodate those with assistive technologies. If there is any way you think we can make our website or mobile applications more accessible to you, please email us at customerservice@VillaBibbiani.it with the subject line “accessible” or call the vineyard directly.

PRIVACY POLICY

Your use of the VillaBibbiani.it Site is governed by the VillaBibbiani.it Privacy Policy.

TERMINATION OF YOUR VILLABIBBIANI.IT ACCOUNT

VillaBibbiani.it may terminate your VillaBibbiani.it Account with or without cause at any time effective immediately. If we terminate your Account without cause, we will refund on a prorated basis any portion of your Membership fee that you prepaid in advance for the remaining portion of your then-current Membership term. Multiple accounts, belonging to the same household, using the same promotional code are subject to account or order termination at the sole discretion of VillaBibbiani.it.

ACCOUNT MAINTENANCE FEE

For any account that has been inactive for twelve consecutive months, VillaBibbiani.it reserves the right to assess a maintenance fee of $1.00 per month. On the eleventh month of inactivity VillaBibbiani.it will notify account owners of their inactivity and the scheduled maintenance fee via email. An inactive account is any account in which the user has not logged in twelve consecutive months.

NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES

VillaBibbiani.it shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. VillaBibbiani.it shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, VillaBibbiani.it shall immediately issue a credit to your credit card account in the amount of the charge.

MODIFICATIONS TO PRICES OR BILLING TERMS

VILLABIBBIANI.IT RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

FORCE MAJEURE

FORCE MAJEURE

VillaBibbiani.it shall be excused from performance under this Terms of Service if VillaBibbiani.it is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of VillaBibbiani.it.

SURVIVAL

The following provisions shall survive any termination of these Terms of Service: No Warranty from VillaBibbiani.it, Limitation of Liability, Indemnity and General Provisions.

GENERAL PROVISIONS

You agree that VillaBibbiani.it and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the VillaBibbiani.it Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of VillaBibbiani.it to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by VillaBibbiani.it in writing. The Terms of Service, along with the VillaBibbiani.it Privacy Policy, comprises the entire agreement between you and VillaBibbiani.it and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of VillaBibbiani.it. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of VillaBibbiani.it shall be null and void. These Terms of Service will inure to the benefit of VillaBibbiani.it’s successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

DISPUTES

Any dispute or claim relating in any way to your use of any VillaBibbiani.it Service, or to any products or services sold or distributed by VillaBibbiani.it will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to VillaBibbiani.it c/o Legal Department 6501 Red Hook Plaza, Ste 201-1058, St. Thomas, VI 00802. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, VillaBibbiani.it will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any VillaBibbiani.it Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the United States Virgin Islands, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and VillaBibbiani.it.

If you have any questions about these Terms of Service, please contact us.

The Terms of Service were updated October 1, 2022.

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