1. INFORMATIVA SULLA PRIVACY
   Ai sensi dell'art. 13 del D.Lgs. n. 196/2003, La informiamo che i Suoi dati sono conservati nel data base informatico del titolare del trattamento Winetip Srl.
   
   Responsabile del trattamento: Winetip Srl. L'elenco di tutti i responsabili del trattamento è a Sua disposizione presso la sede della società. I Suoi dati saranno utilizzati dalla nostra società, da enti e società esterne ad essa collegati, nonché da soggetti terzi titolari autonomi del trattamento, solo per l'invio di materiale amministrativo, commerciale e promozionale. Ai sensi dell'art. 7 del citato D.Lgs., Lei ha diritto di conoscere, aggiornare, rettificare, cancellare i Suoi dati, nonché di esercitare tutti i restanti diritti ivi previsti, mediante comunicazione scritta a Winetip Srl, Via A. Morbelli, 7 20149 Milano (Mi). Con l'accettazione delle presenti condizioni generali autorizza espressamente la nostra società nonché enti e società esterne ad essa collegati ad inviarLe proposte commerciali a mezzo fax, posta, e-mail.
   


2. CONDIZIONI GENERALI DI CONTRATTO
   
   2.1 OGGETTO
   Con la registrazione al sito www.winetip.com, Winetip Srl provvederà gratuitamente:
   
   

   a)	alla creazione di una home page personalizzabile a favore dell’utente registrato (l’”Utente”) e metterà pertanto a disposizione di quest’ultimo una serie di informazioni, servizi e altri contenuti inerenti gli argomenti trattati sul sito;
   b)	ad inviare, su espressa richiesta dell’Utente, una serie di informazioni (a mezzo e-mail) inerenti gli argomenti trattati sul sito;

   
   
   2.2 CONDIZIONI PER LA FRUIZIONE
   Winetip Srl fornirà i servizi di cui al precedente art. 1 solamente dopo la registrazione. Utente può diventare pertanto colui il quale compila il modulo di registrazione in modo completo e veritiero. A seguito della registrazione l’Utente riceverà via e-mail una password per l’accesso alla sua home page personalizzata.
   
   Ogni Utente potrà usufruire di una sola registrazione. La registrazione comporta che tutte le informazioni, i documenti ed i link possono essere utilizzati solo ed esclusivamente per scopi personali.
   
   2.3 RISERVATEZZA
   Winetip Srl si impegna nei confronti dell’Utente a garantire la riservatezza dei dati trattati, attenendosi a tutte le disposizioni di legge applicabili (v. informativa in materia di Legge sulla Privacy).
   
   2.4 DIRITTI D'AUTORE
   Fatta eccezione per le leggi pubblicate sulla gazzetta ufficiale, tutto il materiale messo a disposizione dell’Utente sul Sito, inclusi i testi, i software, i codici HTML, JAVA, Flash, sono protetti dal diritto d’autore. Il download, come pure l’utilizzo del materiale protetto dai diritti d’autore, che viene messo a disposizione dell’Utente da Winetip Srl, è permesso solamente per scopi privati. In particolare, tutti i documenti pubblicati sul Sito possono essere riprodotti e distribuiti alle seguenti condizioni:
   
   

   1.	non devono essere distribuiti a pagamento;
   2.	la riproduzione dei testi deve essere integrale, senza modifiche e devono essere incluse tutte le pagine;
   3.	tutte le copie devono contenere la comunicazione di copyright di Winetip Srl e ogni altra comunicazione contenuta nel documento.

   
   In caso di violazione degli obblighi di cui sopra Winetip Srl avrà la facoltà di considerare risolto il presente contratto, per fatto e colpa dell’Utente, con ogni conseguenza anche risarcitoria.
   
   2.5 LINK
   Winetip Srl consente il link per altri siti Web (“Sites”). Resta inteso che Winetip Srl non dispone di alcuna possibilità di controllo per questi Sites e non si assume la responsabilità per la disponibilità di questi siti esterni, come pure non è responsabile del contenuto accessibile di questi siti.
   
   2.6 RESPONSABILITA'
   Winetip Srl non assume alcuna responsabilità per la disponibilità senza interruzioni, tempestiva e sicura dei servizi e dei link
   


3. INFORMAZIONI SUI COOKIES E DOMANDE FREQUENTI IN MATERIA DI PRIVACY
   
   Che cosa sono i cookie
   Offrendo servizi personalizzati agli utenti registrati, WINETIP SRL utilizza dei cookie per memorizzare e talvolta tenere traccia dei tuoi dati personali. Un cookie è una piccola quantità di dati che vengono inviati al tuo browser da un server Web e che vengono successivamente memorizzati sul disco fisso del tuo computer.
   
   Di solito, i cookie servono per:
   

   1.	Ricordarci chi sei e accedere alle informazioni del tuo account (memorizzate sui nostri computer) in modo da offrirti un servizio personalizzato migliore. Questo cookie viene impostato quando ti registri e modificato nel corso delle visite che fai al nostro sito.
   2.	Valutare il numero di accessi al nostro sito. Ad ogni browser che accede viene inviato un solo cookie, utilizzato per quantificare l'uso ripetuto dei nostri servizi, l'uso da parte di utenti registrati oppure non registrati
   3.	Valutare il volume del traffico sul nostro sito e verificare quali sono le aree che hai visitato complessivamente. Facciamo questo per capire quali sono le abitudini dei nostri utenti in modo da farne tesoro e migliorare ulteriormente i nostri servizi. Potremmo usare queste informazioni per rendere ancora più personalizzati i contenuti e le intestazioni cui hanno accesso gli utenti che accedono al nostro sito.

   
   WINETIP SRL si avvale inoltre del supporto di società esterne al fine di diffondere la pubblicità e misurare il traffico del sito. Allo scopo di inviare pubblicità mirata ai tuoi interessi, sui siti WINETIP vengono utilizzati dei cookies contenenti informazioni generali sulle tue visite e sull’efficacia della pubblicità. Non verranno comunque mai rilevati dati personali quali, ad esempio, nome, cognome, indirizzo e-mail o numero di telefono.
   
   Come e quando ti chiediamo informazioni personali
   Quando ti registri, acquisti su www.winetip.com o quando compili il modulo per completare i tuoi dati vengono raccolte alcune informazioni personali. Ti viene infatti chiesto di inserire alcuni dati quali il nome, l'indirizzo E-Mail, la data di nascita, il sesso, il CAP, la professione, l'azienda, gli interessi personali, ecc. Queste e le altre informazioni che fornisci (nel modo più preciso possibile) ci permettono di adattare meglio il nostro servizio alle tue necessità. Una volta registrato, non sarai più un utente anonimo: ti verranno infatti forniti uno User Name e una Password per poter usufruire di alcuni i servizi on line. Inoltre occasionalmente WINETIP SRL chiede agli utenti di completare una serie di moduli o schede che poi verranno utilizzate per ricerche interne.
   
   Come vengono utilizzati i tuoi dati personali
   WINETIP SRL raccoglie e archivia i dati personali che gli utenti comunicano spontaneamente allo scopo di fornire servizi personalizzati, comunicazioni interattive, la possibilità di effettuare acquisti online e altri tipi di servizi, molti dei quali completamente gratuiti. Con qualche piccola informazione su di te possiamo offrirti contenuti che ti interessano e sono in linea con i tuoi gusti, e quindi un servizio migliore.
   
   WINETIP SRL effettua una serie di ricerche interne sugli interessi e sulle abitudini degli utenti basate sulle informazioni fornite nel corso della registrazione, di una promozione o ricavate dai file di registrazione dei nostri server allo scopo di comprendere meglio le loro esigenze e di poter quindi offrire un servizio migliore. Queste ricerche vengono effettuate e analizzate su base globale.
   
   Desideriamo informarti che i siti Web che hanno dei link sul nostro sito potrebbero essere interessati a raccogliere i tuoi dati personali. Questa pratica di raccolta delle informazioni personali non è coperta dal presente documento.
   
   Potrai ricevere da WINETIP SRL messaggi promozionali sui prodotti e i servizi disponibili, a meno che durante la registrazione tu non abbia espressamente indicato di non essere interessato a ricevere offerte da noi o dai nostri partner. Solo WINETIP SRL (o gli operatori che lavorano per conto di WINETIP SRL in base ad accordi strettamente confidenziali) ti invierà questi messaggi promozionali e lo farà soltanto se non lo hai espressamente rifiutato. Quindi, se non desideri ricevere messaggi promozionali, puoi semplicemente farcelo sapere quando ci invii le tue informazioni personali.
   
   WINETIP SRL non concede in licenza e non vende informazioni sui suoi utenti. Se vuoi saperne di più sulla normativa sulla Privacy, consulta il sito: Sito Ufficiale del Garante per la protezione dei dati personali.

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1. COPYRIGHT
   All materials, software and data base available in WineTip's Web Site ("Web Site") are the exclusive property of WineTip S.r.l. ("WineTip") and are protected by the Italian copyright laws and by the international conventions and treaties applicable.
   
   Reproduction and other use of our Web Site and its web contents are strictly prohibited without the prior written authorisation of WineTip.
   
   WineTip grants to the Web Site's users a non-exclusive, worldwide, royalty-free license to use its web contents for personal purposes only and solely for the purpose of accessing and using the services provided therein.
   
   Subject to the license granted to its users WineTip reserves all rights, titles and interests in its intellectual property rights (e.g. patents, copyrights, trademarks, domain names and other intellectual property rights).
   
   Users are authorised to save local copy of the web contents, for temporary use. Users are also authorised to print them: (i) for their own personal use or, (ii) for the purpose of informing potential users or registered users about WineTip Web Site and associated services. In this latter case, users shall priorly obtain the consent of each data subjects and shall comply with their privacy rights. Users shall insert the copyright notice "All rights reserved © 2000, WineTip S.r.l." in any copy made and sent to other users for the above mentioned purposes.
   
   Users cannot reproduce, modify and use for commercial purposes all copyrighted materials, included but not limited to the web contents and the graphical structure of the Web Site, without the prior written consent of WineTip.
   
   

2. LINKING
   WineTip is not liable for any link posted in the Web Site. Links to others' web site do not constitute WineTip's endorsement of the web content contained and published in the linked web sites or of their polices, products and services.
   
   Any link to the Web Site is subject to the prior written consent of WineTip. Permission is granted to any web site which ensures to WineTip that the linking is made to the Web Site's home page in its entirety. Before posting a link into a web site to our Web Site's home page or to our Web Site's sub-pages, the web site owner shall obtain a specific written authorisation from WineTip.
   
   Please, send your request by e-mail to:
   
   WineTip S.r.l.
   Via Angelo Morbelli no. 7
   20149 Milan - Italy
   e-mail: info@WineTip
   
   Please, include the e-mail address of your company.
   
   
   

3. DOMAIN NAMES
   WineTip has duly registered its domain names "WineTip.com", "winetip.it", "winetip.co.uk", "winetip.de", with all relevant authorities and it possesses and will maintain all rights necessary to use such domain names.
   
   WineTip shall remain the sole and exclusive owner and licensee of the domain names "WineTip.com", "winetip.it", "winetip.co.uk", "winetip.de".
   
   No license of use is granted to users in respect of the domain names "WineTip.com", "winetip.it", "winetip.co.uk", "winetip.de".
   
   
   

4. TRADEMARKS
   "WineTip" and all WineTip logos are trademarks of WineTip. Other trademarks or logos posted on our Web Site may be registered trademarks of their respective companies.

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YOU SHOULD READ CAREFULLY THESE TERMS OF USE BEFORE USING OUR WEB SITE. BY USING OUR WEB SITE YOU AGREE TO BE BOUND BY WineTip TERMS OF USE AS SET OUT BELOW.

1. INTRODUCTION
   Welcome to our Web Site. We are located at "www.WineTip" and "www.winetip.it". WineTip S.r.l. ("WineTip") is the exclusive owner of the above mentioned Web Site.
   
   These Terms of Use govern the use of our Web Site and all contents provided therein.
   
   WineTip provides commercial services at its Web Site. These commercial services allow registered users ("Members") to purchase wine en primeur through our wine marketplace. The General Terms and Conditions govern these commercial services.
   
   By using our Web Site you acknowledge that you have read these Terms of use, the WineTip Intellectual Property Notice and our Privacy Policy and that you agree and accept the legal notices and terms thereof. If you do not agree to these terms, you cannot receive any information, services or goods from our Web Site. WineTip may amend these Terms of Use, at any time, without specific notice to you. The latest version of these Terms of Use will be posted on our Web Site and you are asked to read and review them prior to using the Web Site and associated services.
   
   These Terms of Use are updated as at 10 July 2001. You can print a copy of them by clicking the button "print".
   
   
   

2. REGISTRATION FORM
   Before using the "wine marketplace" on our Web Site, please complete your registration by filling the Registration Form. Upon completing the registration, you will become a Member of our Web Site.
   
   
   

3. USERNAMES AND PASSWORDS
   WineTip provides the access to the "wine marketplace" of the Web Site only to its "Members". Members shall be identified by the use of usernames and passwords generated by them.
   
   You agree that you shall not perform the Registration Form and the Order Form anonymously or under false name. The use of usernames and passwords is strictly personal.
   
   You will use all reasonable efforts to ensure that you do not communicate or transfer your username and password to any third party. You shall not knowingly permit anyone to use your username and password to access our wine marketplace.
   
   WineTip implements and maintains security procedures and measures, in order to ensure the protection of usernames and passwords against risks of unauthorised access, alteration, destruction or loss of them through the Web Site's informative system.
   
   You are responsible for maintaining the confidentiality of your username and password. You are also responsible for all use of your username and password, whether or not actually or expressly authorised by you.
   
   
   

4. CONFIDENTIALITY OF THE COMMUNICATION
   All electronic communication diffused or transmitted during the use of the Web Site and the wine marketplace on our Web Site are confidential and protected under the applicable Italian Laws and European Directives.
   
   In accordance with Law 675/96 ("Italian Data Protection Act") and with the Directive 95/46/EC, storage, tapping and other kinds of interception or surveillance of electronic communication and related traffic data are prohibited, unless the user concerned has given his/her consent and except where the above activities are legally authorised.
   
   WineTip, in accordance with the relevant provisions of Italian Law and with the Italian Data Protection Act, can record electronic communications and related traffic data for the purpose of providing evidence of commercial electronic transactions performed through the Web Site and the operations executed therein.
   
   
   

5. YOUR DUTIES
   You shall not interfere with the use of the Internet by any other users and Members. You will not transmit any file which contains viruses, worms, "Trojan horses" or any other destructive features.
   
   
   

6. SECURITY MEASURES
   WineTip grants to have adopted all appropriate technical and organisational measures to safeguard security of its Web Site and associated services in connection with its Internet service provider in respect of network security. These measures ensure a level of security appropriate in order to reduce the risk of any unauthorised disclosure or access, accidental or unlawful destruction or accidental loss or alteration of data, and to reduce the risk of all other unlawful forms of processing your personal data.
   
   
   

7. PRIVACY
   WineTip informs you that we process your personal data collected by the Registration Form and by the Order Form solely in connection to the use of our Web Site and associated services. We also inform you that we will collect your personal data through the use of cookies. The provision of requested personal data in the Registration Form, in the Order Form and in connection with electronic commercial transactions for the ordering and purchasing of wine en primeur, such data constituting the "WineTip profile", is necessary to access to our Web Site's services and to perform the contract between WineTip and you.
   
   WineTip undertakes to process your personal data fairly and lawfully. The processing of your personal data will be carried out with and without electronic and automated means. Your personal data will be provided to third parties only in an aggregate and anonymous form. Otherwise, your personal data will not be provided or disclosed to any third party without your prior express consent.
   
   The Controller of your personal data is WineTip S.r.l., Via Angelo Morbelli n. 7, 20149 Milan, Italy.
   
   We will send you electronic commercial information, by e-mail, only if you have priorly given your consent to receive this kind of information.
   
   You have the right of access to your personal data and the right to rectify or blocking your personal data, by written notice to WineTip at any time and free of charge.
   
   You can also enter into your "WineTip profile" through our Web Site to cancel your data, change your password and update your profile.
   
   In respect of the processing of your personal data, you have the right to obtain from WineTip, without delay:
   
   

   a)	the confirmation as to whether or not personal data relating to you exist, regardless of their being already recorded, and the intelligible communication of such data and their source, as well as of the logic and the purposes underlying the processing; such request is renewable at intervals of not less than ninety days, unless there are well-grounded reasons therefor;
   b)	the erasure, blocking or transformation into an anonymous form of data which have been processed unlawfully, including those the keeping of which is not necessary for the purposes for which they were collected or subsequently processed;
   c)	the updating, rectification or the completion of the data;
   d)	the statement that the operations as per b) and c) above have been notified to the subjects to whom the data were communicated or disclosed, except when the provision of such information proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
   In respect of the processing of your personal data, you also have the right to:
   e)	object, in whole or in part, on legitimate grounds, to the processing of personal data relating to you, even though relevant to the purpose of the collection;
   f)	object, in whole or in part, to the processing of personal data relating to you which is carried out for purposes of commercial information or advertising or direct marketing, or for the performance of market or interactive commercial communication surveys, and be informed by WineTip, no later than at the time when the data are communicated or disseminated, of the possibility to exercise such right free of charge.

   Please, read carefully our Privacy Policy.
   
   
   

8. OPT-OUT
   Electronic mail for the purposes of direct marketing may only be allowed in respect of users who have given their prior express consent.
   
   You have the right to refuse any e-mail sent by WineTip, without your prior express consent, for direct marketing and commercial purposes. Please, contact WinTip.com at info@WineTip to verify the accuracy and the completeness of your personal data and to ask for the blocking and the exclusion of the data from WineTip's mailing list and directory.
   
   
   

9. CLICK-THROUGH
   Before being able to complete your registration and in order to gain access to the wine marketplace, WineTip will ask you to accept, by clicking on the "I accept button":
   (i) our General Terms and Conditions for the purchase of wine en primeur; and
   (ii) our Privacy Policy.
   
   
   

10. TRADEMARKS
    WineTip and WineTip logos are trademarks of WineTip. Other logos, marks and company names mentioned on the Web Site may be trademarks of their respective owners. Please, read carefully WineTip Intellectual Property Notice.
    
    
    

11. COPYRIGHT
    Contents, graphics, designs, compilations, works, software and data base related to our Web Site and contained therein are protected under applicable copyrights and other proprietary rights (including but not limited to intellectual property rights). Copying, reproduction, publication and distribution by you of any such matters and any part of the Web Site, Web Site's content and its graphical structure except as allowed by "License to use the Web Content" is not permitted. You do not acquire any property rights to any content, document, information or other materials viewed through the Web Site or posted on the Web Site.
    
    Please, read carefully WineTip Intellectual Property Notice.
    
    
    

12. CACHING
    You may temporarily make local, digital copies of the licensed materials, under the provision "License to use the Web Content" as are necessary to ensure efficient use by you of appropriate browser or other Internet software.
    
    
    

13. LICENSE TO USE THE WEB CONTENT
    WineTip grants you a non-exclusive, world-wide, royalty free license to temporary use of the web content of our Web Site only for personal use in accordance with the WineTip Intellectual Property Notice of our Web Site.
    
    You shall not modify the licensed Web content or create a derivative work of web site materials without the prior written permission of WineTip.
    
    You may not remove, obscure or modify any copyright or other notices included in our Web Site. The use of the Web Site's content for commercial purposes, including but not limited to the sale, advertising, license and sub-license is not permitted. You are not authorised to reproduce or distribute the Web Site's materials in them any form and by any means for commercial purposes.
    
    You may not take any steps, such as altering, decompiling, disassembling, reverse assembling or reverse compiling of software, to derive the source code equivalent to WineTip's software.
    
    
    

14. WARRANTIES
    Subject to the limitations set forth below ("Limitations of Liability"), WineTip grants that it has all rights to use and to license to you, only for personal use, the Web Site's content and to provide you with access our wine marketplace and associated services.
    
    WineTip shall use all reasonable efforts to make its Web Site and all its web content and services herein available on-line. WineTip shall also use all reasonable efforts to provide continuous availability to the Web Site. The Web Site is subject to periodic unavailability due to maintenance of the servers, data loading and data updating and excluding downtime related to equipment or services outside the control of WineTip including public or private telecommunications lines and services or any Internet nodes or facilities, provided by third parties.
    
    WineTip warrants not to post or transmit any message or content which is libellous, defamatory or which discloses private or personal matters concerning any person without his/her consent. WineTip also warrants that it does not post or transmits any message or content, which is illegal, indecent, obscene or pornographic.
    
    
    

15. RIGHTS OF WINETIP
    WineTip may modify or interrupt the services provided through the Web Site, at its sole discretion and at any times, without notice and without any liability.
    
    WineTip has the right to terminate the services provided by its Web Site or your password in case of:
    
    

    a)	submission by you of false or misleading registration information;
    b)	violation by you of other users' rights, or corruption of WineTip's information system, of the Web Site and associated services;
    c)	breach of any provisions contained in these Terms of Use, of our Intellectual property disclaimers and of the General Terms and Conditions for the purchase of wine en primeur.

    
    
    

16. QUALITY AND COMPLETENESS OF WEB CONTENT
    WineTip will use all reasonable efforts to ensure that the web content provided by WineTip is as complete and accurate as possible. You agree to co-operate with WineTip to identify and correct potential errors or omissions.
    
    
    

17. LIMITATIONS OF LIABILITY
    WineTip will not be liable for any damages including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or inability to use the Web Site, its web content and associated services.
    
    WineTip makes no warranty with respect to the web content, including but not limited to errors or omissions contained therein, libels, infringement of rights of privacy, publicity, trademark rights, intellectual property rights, or the disclosure of confidential information, usernames and passwords, which are not referred to its conduct.
    
    WineTip disclaims any and all other warranties relating to the web content and the services provided by WineTip to its users including, without limitations any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose.
    
    WineTip makes no warranty for any harm that may be caused by transmission of a computer virus, worm, time bomb, logic bomb or other such computer program.
    
    
    

18. LINKS TO OTHER WEB SITES
    Our Web Site contains links to other web sites. WineTip is not liable for:
    
    

    a)	web contents provided by the linked web sites;
    b)	the accuracy of the information contained therein.

    Links to other web sites do not imply approval or endorsement of the linked web site by WineTip.
    
    
    

19. SEVERABILITY
    If any term or provision of these General Terms and Conditions is held invalid or enforceable for any reason, the reminder of provisions will continue in full force and effect as if these General Terms and Conditions had been executed with the invalid portion eliminated.
    
    
    
    

20. GOVERNING LAW AND JURISDICTION
    These Terms of Use are governed by and construed in accordance with Italian law.
    
    Any dispute arising out or in connection with these Terms of Use shall be referred to the exclusive jurisdiction of the Courts of Milan.

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YOU SHOULD READ CAREFULLY, AND THEN EXPRESSLY APPROVE THESE GENERAL TERMS AND CONDITIONS BEFORE USING OUR WINE MARKETPLACE. BY USING OUR WINE MARKETPLACE AND ASSOCIATED SERVICES AND BY CLICKING THE BUTTON "YES", YOU AGREE TO BE BOUND BY WineTip GENERAL TERMS AND CONDITIONS.

1. INTRODUCTION
   Welcome to our Web Site. We are located at "www.WineTip.com" and "www.winetip.it". WineTip S.r.l. ("WineTip") is the exclusive owner of the above mentioned Web Site.
   
   These General Terms and Conditions govern:

   a)	the use of our wine marketplace and associated services provided therein. The commercial services provided by WineTip allow registered users ("Members") to purchase wine en primeur through our wine marketplace and to use all other associated services provided therein.
   b)	every contract for the purchase and sale of wine en primeur by and between each Member and WineTip (the "Contract").

   
   
   WineTip's registered office is in Italy, Via Angelo Morbelli no. 7, 20149 Milan. You can contact us, during working hours, from Monday to Friday, from h. 9.00 to 17.00 (GTM + 1), at the following telephone and fax numbers:
   
   Telephone number: +39.02.43912208.
   Fax number: +39.02.43912388.
   
   When you contact us, an operator will answer your questions. He/she will help you to solve any problems concerning the Contracts and the exercise of your rights. Our operator speaks English.
   
   You can also contact us, at any time, by e-mail at the following electronic address: info@WineTip. We will reply to you as soon as possible.
   
   WineTip is an Italian company, registered at the Milan Chamber of Commerce and at the Milan Company Registry no.188784/20. Our VAT number is 13177390153. We are also authorised by the Municipality of Milan for distance selling, in accordance with Legislative Decree no. 114/1998.
   
   Legislative Decree no. 185 of 22 May 1999, which has implemented in Italy the 97/7/EC Directive on protection of consumers in respect of distance contracts, governs electronic transactions between WineTip and consumers for the purchase of wine en primeur.
   
   By using our wine marketplace you acknowledge that you have read these General Terms and Conditions, WineTip Terms of Use, WineTip Intellectual Property Notice and our Privacy Policy and that you agree and accept the legal notices and terms thereof. If you do not agree to these terms, you cannot receive any information, services or goods from our Web Site. WineTip may amend these General Terms and Conditions, at any time.
   
   The latest version of these General Terms and Conditions will be posted on our Web Site and you are asked to read and review them prior to using our wine marketplace and associated services.
   
   These General Terms and Conditions are updated as at 10 July 2001. You can print a copy of them by clicking the button "print".
   
   
   

2. REGISTRATION FORM
   Before using the "wine marketplace" of our Web Site, please complete your registration by filling in the Registration Form. Upon completing the registration, you will become a Member of our Web Site.
   
   
   

3. USERNAMES AND PASSWORDS
   WineTip provides access the "wine marketplace" on this Web Site only to its "Members". Members shall be identified by the use of usernames and passwords generated by them.
   
   You agree that you shall not complete the Registration Form and the Order Form anonymously or under a false name. The use of usernames and passwords is strictly personal.
   
   You will use all reasonable efforts to ensure that you do not communicate or transfer your username and password to any third party. You shall not knowingly permit anyone to use your username and password to access our wine marketplace.
   
   WineTip implements and maintains security procedures and measures, in order to ensure the protection of usernames and passwords, against risk of unauthorised access, alteration, destruction or loss of them through the Web Site's informative system.
   
   You are responsible for maintaining the confidentiality of your username and password. You are also responsible for all use of your username and password, whether or not actually or expressly authorised by you.
   
   
   

4. CLICK-THROUGH
   Before being able to complete your registration and in order to gain access to the wine marketplace, WineTip will ask you to accept, by clicking on the "I accept" button:
   
   (i) our General Terms and Conditions for the purchase of wine en primeur; and
   (ii) our Privacy Policy.
   
   
   

5. ORDERS AND PERFORMANCE OF PURCHASE AND SALE CONTRACTS
   The Contract performed by and between WineTip and you is binding upon receipt of your Order Form by WineTip and after payment of the price, including VAT, if applicable. Duties, transport costs, shipping and delivery charges, storage or other similar costs will be paid in accordance with the terms and conditions provided for below.
   
   If you are a consumer or a business entity with your place of business located in Italy, WineTip will send you the confirmation of your purchase order by e-mail and upon receipt of payment from you, we will issue and send you a digital invoice.
   
   If you are a business entity with your place of business located outside the Italian territory, WineTip will send you the confirmation of your purchase order by e-mail. In this case, the VAT will not applicable to the price due for the purchase of wine. You shall pay by bank transfer upon receipt of our invoice.
   
   
   

6. PRICES AND PAYMENT
   Prices are set out in a specific quotation made by WineTip and posted on the Web Site or in the WineTip price list ("New releases") published on the Web Site and in force when the Order Form is placed and transmitted by you to WineTip.
   
   The Order Form will indicate the price payable, including VAT. Duties, transport costs, shipping and delivery charges, storage or other similar costs will not be indicated on the Order Form and will be paid in accordance with the terms and conditions provided for below. Payment can be made by credit card or bank transfer in accordance with the details specified in the Order Form.
   
   WineTip will inform you on duties, transport costs, shipping and delivery charges, storage or other similar costs as soon as possible and posting on the Web Site the relevant thereof.
   
   Payment of the price, including VAT (if applicable) is due:
   
   (i) immediately following the transmission of the Order Form, if you pay by credit card;
   (ii) immediately following the transmission of the Order Form or, at your discretion, after 15 working days from the transmission of the Order Form or at the deadline indicated in your "Pending Payment" if you pay by bank transfer.
   
   

   Should you fail to pay by credit card or bank transfer the Contract will automatically be terminated. WineTip will send the request to complete the transaction for the delivery of wine by e-mail. You shall complete the transaction by accessing the relevant section on the Web Site and by paying the amounts due on account of duties, transport costs, shipping and delivery charges, storage or other similar costs. Payment of these duties, costs and charges can be made by credit card or bank transfer in accordance with the details specified in the relevant section of the Web Site.
   
   Transport costs, shipping and delivery charges and any other similar costs may vary to reflect increases beyond WineTip's control.
   
   
   
   

7. SUSPENSION OF DELIVERY AND TERMINATION
   If you fail to make any payment when it becomes due, WineTip has the right to:
   
   

   a)	suspend the delivery of wine until payment is made and request you to pay any costs of storage of the purchased wine; and/or
   b)	terminate the Contract.
   In case of termination of the Contract, WineTip will send you a written notice by e-mail and will be entitled, at its discretion:
   c)	retain the amounts paid, as penalty, as well as all sums due for the storage of wine; and
   d)	resell any purchased wine not yet delivered to you.

   
   
   
   

8. PROPERTY OF WINE
   Property of wine en primeur shall pass to you upon receipt by WineTip of the price due, including VAT (if applicable).
   
   
   

9. DELIVERY OF WINE
   On the date indicated on your Order Form, WineTip will deliver the quantity and quality of the wine you have purchased to the addresses indicated on your Order Form and through a delivery service appointed by WineTip.
   
   The delivery date indicated on the Order Form is not of the essence. WineTip may deliver at an earlier or later date and will not be liable for any delay in delivery. Any risk in relation to the purchased wine shall pass to you upon delivery.
   
   
   
   

10. RIGHT OF WITHDRAWAL OF CONSUMERS
    As a consumer, you have the right, within a period of 10 working days to withdraw from the Contract without any penalty and without having to give any reason. The period for exercising such withdrawal begins from the day of receipt of wine by you.
    
    You can exercise your right of withdrawal by a written notice sent by means of registered letter with return receipt addressed to WineTip's registered office. You can also send the same notice by fax to the fax number indicated above. In this case, you shall confirm such notice also by means of registered letter with return receipt, within 48 hours.
    
    Where you have exercised the right of withdrawal, WineTip shall reimburse to you all sums paid by you, as soon as possible and in any case within 30 working days of the date of WineTip will acknowledge of the relevant exercise. You will pay the direct cost of returning the wine to WineTip.
    
    You shall return the purchased wine to WineTip within 15 working days of the receipt of the wine.
    
    
    

11. RIGHT TO CANCEL YOUR PURCHASE ORDER
    In case you pay by bank transfer and within 15 working days of the transmission of your purchase order, you have the right to cancel it by deleting it from the section of Pending Payment of the Web Site.
    
    Where you have cancelled your purchase order and you fail to make any payment by transfer bank, when it becomes due and, in any case, within the term of 15 working days, the Contract will be automatically terminated.
    
    
    

12. RESERVATION OF PERFORMACE IN CASE OF WINES NOT BEING AVAILABLE
    If the bottles of wine you ordered are not available within the term indicated in paragraph 6 above, WineTip can withdraw from the Contract even if the acceptance of your purchase order is confirmed. In this case, WineTip will immediately inform you thereof and will refund the price already paid by you for the purchase of wine.
    
    
    

13. PACKAGING
    WineTip will deliver the purchased wine, in bottles, within wooden cases or cardboard boxes.
    
    
    

14. DATA PROTECTION
    WineTip informs you that we process your personal data collected by the Registration Form and by the Order Form solely in connection to the use of our Web Site and associated services. We also inform you that we will collect your personal data through the use of cookies. The provision of requested personal data in the Registration Form, in the Order Form and in connection with electronic commercial transactions for the ordering and purchasing of wine en primeur, such data constituting the "WineTip profile", is necessary to access our Web Site's services and to perform the Contract between WineTip and you.
    
    WineTip undertakes to process your personal data fairly and lawfully. The processing of your personal data will be carried out with and without electronic and automated means. Your personal data will be provided to third parties only in an aggregate and anonymous form. Otherwise, your personal data will not be provided or disclosed to any third party without your prior express consent.
    
    The Controller of your personal data is WineTip S.r.l., Via Angelo Morbelli n. 7, 20149 Milan, Italy.
    
    We will send you electronic commercial information, by e-mail, only if you have given your prior consent to receive this kind of information.
    
    
    

15. YOUR PRIVACY RIGHTS
    You have the right of access to your personal data and the right to rectify or blocking your personal data, by written notice to WineTip at any time and free of charge.
    
    You can also enter into your "WineTip profile" through our Web Site to cancel your data, change your password and update your profile.
    
    In respect of the processing of your personal data, you have the right to obtain from WineTip, without delay:
    

    a)	the confirmation as to whether or not personal data relating to you exist, regardless of their being already recorded, and the intelligible communication of such data and their source, as well as of the logic and the purposes underlying the processing; such request is renewable at intervals of not less than ninety days, unless there are well-grounded reasons therefor;
    b)	the erasure, blocking or transformation into an anonymous form of data which have been processed unlawfully, including those the keeping of which is not necessary for the purposes for which they were collected or subsequently processed;
    c)	the updating, rectification or the completion of the data;
    d)	the statement that the operations as per b) and c) above have been notified to the subjects to whom the data were communicated or disclosed, except when the provision of such information proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
    In respect of the processing of your personal data, you also have the right to:
    e)	object, in whole or in part, on legitimate grounds, to the processing of personal data relating to you, even though relevant to the purpose of the collection;
    f)	object, in whole or in part, to the processing of personal data relating to you which is carried out for purposes of commercial information or advertising or direct marketing, or for the performance of market or interactive commercial communication surveys, and be informed by WineTip, no later than at the time when the data are communicated or disseminated, of the possibility to exercise such right free of charge.

    
    Please, read carefully our Privacy Policy.
    
    
    

16. OPT-OUT
    Electronic mail for the purposes of direct marketing may only be allowed in respect of users who have given their prior express consent.
    
    You have the right to refuse any e-mail sent by WineTip, without your prior express consent, for direct marketing and commercial purposes. Please, contact WinTip.com at info@WineTip to verify the accuracy and the completeness of your personal data and to ask for the blocking and the exclusion of the data from WineTip's mailing list and directory.
    
    
    

17. SECURITY MEASURES
    We grant that your personal data are kept and controlled in such a way as to limit to the very minimum, by means of suitable security measures the risk of their:
    

    a)	destruction or loss, even by accident, or unauthorised access to the data;
    b)	unlawful processing or processing in a way that is not consistent with the purposes for which the data have been collected.

    
    We also grant that we have adopted minimum-security standards in accordance with the Italian Data Protection Act and with Presidential Decree n. 318/99 on security measures.
    
    

18. LIMITATION OF LIABILITY
    WineTip warrants that the purchased wine is as described in the Web Site and in the Order Form, but no other warranty is made in respect of the wine. WineTip does not warrant that the purchased wine is of a merchantable quality or that it can be used for any particular purpose. In any case, WineTip will discharge in full any liability under the Contract by replacing the purchased wine or by refunding you the amounts paid for the wine, if it proves to be defective.
    
    
    

19. SEVERABILITY
    If any term or provision of these General Terms and Conditions is held invalid or enforceable for any reason, the reminder of provisions will continue in full force and effect as if these General Terms and Conditions had been executed with the invalid portion eliminated.
    
    
    

20. APPLICABLE LAW AND JURISDICTION
    These General Terms and Conditions and each Contract performed by you and WineTip are governed by and construed in accordance with Italian law. You agree that any dispute arising out of or in connection with these Terms and Conditions and / or each Contract entered into by you and WineTip shall be referred to the exclusive jurisdiction of the Courts of Milan.

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The complete law N. 675 may be viewed at http://www.privacy.it.