Legal information
Scope of application
Purchases on the site
Site registration
Conclusion of the contract
Validity of offers and prices
Purchase orders and product information
Product availability
Delivery of the purchased products
Payment methods
Right of withdrawal
Various
Legal guarantee of conformity
Applicable law and place of jurisdiction
Customer service and complaints

Legal information
NEW ML S.R.L., registered office in Via Martiri
di Padulivo 35, 50039 Vicchio (FI), capital 10.000,00 euro, CF/VAT 07049780484,
Cam.Com FI REA675844, (hereinafter referred to as Newmlwine).

Acceptance of the general conditions of sale
The following General Conditions of Sale regulate the offer and sale of products on this website www.newmlwine.com (Site). The products purchased on the Site are offered and sold by Newmlwine.

1. Scope of application ↑
1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.
1.2 The General Conditions of Sale can be modified at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site. For this reason, users are invited to regularly access the Site and consult, before making any purchase, the most up-to-date version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
1.3 These General Conditions of Sale do not regulate the sale of products and / or the provision of services by subjects other than Newmlwine that are present on the Site through links, banners or other hyperlinks. Before making commercial transactions with such subjects it is mandatory to verify their conditions of sale. Newmlwine is not responsible for the provision of services and/or for the sale of products by these subjects. On the websites that can be consulted through these links, Newmlwine does not carry out any control and / or monitoring. Newmlwine is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.

2. Purchases on the site ↑
2.1 With reference to Italian citizens, sales on the Site are reserved only for those who have reached the age of 18. The buyer who is not an Italian citizen can purchase Products on the Site only if he is of legal age than his national law. If there is no legislation in this regard, you must be at least 21 years old. In any case, the user who makes purchases on the Site undertakes to indemnify Newmlwine from any responsibility in the event that he has made purchases on the Site without respecting his national law on purchase limits for reasons of age.
2.2 Newmlwine reserves the right to refuse or cancel orders that come (i) from a user with whom it has a legal dispute; (ii) from a user who has previously violated these General Conditions of Sale and / or the conditions and / or terms of a purchase contract with Newmlwine; (iii) from a user who has been involved in fraud of any kind, in particular, in fraud related to credit card payments; (iv) by users who have issued false, incomplete or inaccurate identification data or who have not promptly sent Newmlwine the documents requested by the same according to these General Conditions of Sale or who have sent it invalid documents; (v) by users who do not give sufficient guarantees of solvency. In any case, Newmlwine reserves the right to cancel orders relating to transactions that do not present an absolute degree of genuineness.
2.3 With regard to purchases on the Site, it may happen that: the purchase process contains one or more material errors; the Product Sheet, as defined below, contains incorrect information for material errors (eg: the price of the Product); by material error a Product is indicated as available and instead is not in the preparation of the order. In these cases, or in similar cases, the user can request the cancellation of the order or obtain, in agreement with Newmlwine, a different Product, subject to any adjustment relating to the cost of purchase.

3. Site registration ↑
3.1 The purchase of Products on the Site is allowed only to registered users.
3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform Newmlwine without delay in case of suspected misuse and / or disclosure of the same. The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful. The user agrees to keep Newmlwine harmless from any damage, compensation obligation and / or sanction deriving from and / or in any way related to the violation by the user of the rules on registration on the Site or on the retention of registration credentials.
3.3 Per cancellare il proprio profilo da Newmlwine, si prega di inviare la richiesta all’indirizzo email customercare@newmlwine.com

4. Information directed at the conclusion of the contract ↑
4.1 In accordance with Legislative Decree no. 70 of 9 April 2003 laying down provisions on electronic commerce, Newmlwine informs the user that:
a to conclude the contract for the purchase of one or more Products on the Site, the user must fill in
an order form in electronic format and send it to Newmlwine, electronically, following the instructions that will appear from time to time on the Site and that will accompany the different phases of the purchase;
b the contract is concluded when the order form reaches the Newmlwine server;
c once the order form has been registered, Newmlwine will send the user, by e-mail to the e-mail address indicated, the order confirmation, containing information on the characteristics of the purchased Product, a detailed indication of the price, the means of payment used, the delivery costs and any additional costs as well as the contacts of the Customer Service, to which the user can contact to ask for assistance and/ or to file a complaint. It is recommended to keep the e-mail received as proof of purchase.
d the order form will be stored in the Newmlwine database for the time necessary to process the order and, in any case, within the terms of the law. To access their order form, the user can consult their account.

5. Validity of offers and prices ↑
5.1 All prices of the Products are expressed in Euros (€) and are inclusive of Value Added Tax (“IVA”), unless otherwise stated. Any additional cost will be expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
5.2 The price of the Products can be changed by Newmlwine at any time, without notice, it being understood that the price charged to the user will be the one published on the information sheet that illustrates the main characteristics of the Product (Product Sheet) at the time of sending the order. Any changes (increasing or decreasing) in price following the transmission of the order will not be taken into account.
5.3 Products may be offered for sale on the Site at discounted prices. The full price indicated on the Site (Barred Price), and against which the discount that Newmlwine applies is calculated, corresponds to the list price published on the Site.
6. Purchase orders and product information ↑
6.1 Newmlwine will process the purchase order, and then ship the purchased Product, with the exception of orders for which the Customer has chosen “in cash to the courier” as a payment method, only after receiving confirmation of the authorisation to pay the Total Amount Due, consisting of the purchase price, delivery costs, if applied, and any other additional costs, as indicated in the order form (the Total Amount Due). In the event that the Total Amount Due is not paid or the success of the payment is not confirmed, the purchase contract will therefore be considered terminated by right pursuant to and for the purposes of art. 1456 of the Civil Code.
6.2 The Products will remain the property of Newmlwine until the payment by the user of the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to Newmlwine, on the other hand, will be transferred to the user when the user, or a third party designated by him and other than the carrier, materially comes into possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The images of the Product in the Product Sheet may also differ in vintage and / or size or in relation to any accessory products. These images must therefore be understood as indicative and with tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the user will prevail.
6.4 All products contain sulphites, as the wine production process itself implies the presence of sulphites in it. However, it is possible that other sulphites are added to the wine production process; in some cases, however, it is possible that “added” sulphites are not present in a wine.
6.5 The purchase of gift vouchers does not affect the payment threshold which, once exceeded, gives the user the right to obtain free shipping of the Products.

7. Product availability ↑
7.1 The products offered on the Site are limited in number. It can therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
7.2 In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail or telephone. The user will therefore be entitled to terminate the contract, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user avails himself of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code or in any case where the payment of the Total Amount Due has already taken place, it will make the refund of this amount without undue delay and, in any case, within a maximum period of 15 working days from the date of collection. This amount will normally be credited to the same means of payment used by the user for the purchase or the different means agreed between the user and Newmlwine. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
7.3 In the case of orders concerning a plurality of Products (Multiple Order), if the unavailability concerns only certain Products covered by the Multiple Order, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 7.2, Newmlwine will immediately notify you by e-mail or telephone. The user will therefore be entitled to terminate the contract, limited to the Product(s) that has become unavailable, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user avails himself of the right of termination referred to in art. 61, IV and V paragraphs, Consumer Code, in relation to the Product(s) that has become unavailable or in any case where the payment of the Total Amount Due has already taken place, Newmlwine will refund the amount due in relation to such Product(s), including delivery costs and any other additional costs due in relation to such Products (Partial Amount Due) without undue delay and, in any case, within the maximum period of 15 working days from sending the order. The amount of the refund will be communicated to the user by e- mail or telephone. This amount will be credited on the same means of payment used by the user for the purchase or through any means agreed between the parties. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. The termination of the entire Multiple Order will be possible only in the event of obvious and proven accessority of the Products covered by the Multiple Order that have become unavailable compared to the other Products covered by the Multiple Order available.

8. Delivery of the purchased products ↑
8.1 The amount of delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the summary of the order and, in any case, before the user proceeds with the transmission of the same. In case of failure to indicate a specific delivery period, it will take place, in any case, within thirty days from the date of conclusion of the contract.
8.2 The delivery obligation is fulfilled by transferring material availability or in any case control of the Products to the user. It is up to the user to check the condition of the Product that has been delivered to him/that he has collected. Notwithstanding that the risk of loss or damage to the Products, for reasons not attributable to Newmlwine, is transferred to the user when the user, or a third party designated by the same and other than the carrier, materially comes into possession of the Product, the user is recommended to check the number of Products received and that the packaging is intact, not damaged, nor wet or however altered, even in the closing materials and he is invited, in his interest, to indicate on the carrier’s transport document any anomalies, accepting the package with RESERVE (ex. damaged neck, wet package, non-original scotch branded Newmlwine). The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier and / or Newmlwine, in case of loss or damage to the Products, except in the event that the loss or damage is due to wilful misconduct or gross negligence of the courier himself and except for partial loss or damage not recognizable at the delivery time, provided that, in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also recommended to promptly notify Newmlwine Customer Service. If the order is not correctly delivered, please contact us within 30 days from the date of the order to allow us to carry out the appropriate checks with the courier. In any case, the application of the rules on the right of withdrawal and legal guarantee of conformity remains unaltered.
8.3 The provisions of art. 61 of the Consumer Code apply in the event that the purchased Product is not delivered or is delivered late compared to the delivery terms indicated during the purchase process and in the order confirmation.

9. Payment methods ↑
9.1 Payment for the Products can be made by credit card, through the PayPal and Stripe payment solution. In the event that one of these means / payment solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.
9.2 Payment by credit or debit card.
9.2.1 Payment for the Products can be made by credit or debit card directly through the Site.
9.2.2 9.2.2 In order to guarantee the security of payments made on the Site and prevent any fraud, Newmlwine reserves the right to ask the user, by e-mail, to send, by the same means, a double-sided copy of his identity card and, in the event that the holder of the order is different from the holder of the card, the identity card of the latter. The document must be valid. The request email will specify the deadline within which the document must reach Newmlwine. This period will not, in any case, exceed 5 working days from receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated period.
9.2.3 In the event that Newmlwine does not receive such documents within the period specified in the request e-mail or receives expired or invalid documents, the contract will be considered terminated by right pursuant to and for the purposes of art. 1456 of the Civil Code and Newmlwine may reserve the right to cancel the order, with consequent reimbursement of the Total Amount.
9.2.4 In case of receipt by Newmlwine of valid documentation within the period indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will start from the date of receipt of the same.
9.2.5 Confidential credit card data (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers that Newmlwine uses. Newmlwine therefore never has access to and does not store the data of the credit card used by the user for the payment of the Products (this also in the event that the user has decided to store credit card data on the Site), with the exception of the name of the credit card holder.
9.3 Payment by PayPal payment solution.
9.3.1 Payment for the Products purchased on the Site can be made through the PayPal payment solution. If the user chooses PayPal as the means of payment, he will be redirected to the site www.paypal.it where he will make the payment of the Products according to the procedure provided for and governed by PayPal and the terms and conditions of contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by the same and will not be transmitted or shared with Newmlwine. The latter is therefore not able to know and does not store in any way the data of the credit card connected to the user’s PayPal account or the data of any other payment instrument connected with that account.
9.3.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the contract through the Site. In case of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to the user will be credited to the PayPal account of the same, unless otherwise agreed between the User and Newmlwine. The crediting times on the payment instrument linked to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favour of this account, Newmlwine cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to dispute which the user must contact PayPal directly.
9.4 Mark.
9.4.1 In the case of cash on delivery payment, the user must dispose, at the time of delivery, of the Total Amount Due, in cash. The courier is not authorised to accept checks. checks. In the event that, for any reason, the customer who has chosen the cash on delivery as the means of payment should be entitled to a refund, Newmlwine will agree with the user by e-mail or telephone how to make this refund.
9.5 Bank transfer.
9.5.1 If the user decides to pay by bank transfer, the order will be shipped as soon as Newmlwine has received the credit of the amount related to the order.

10. Right of withdrawal ↑
10.1 The user who is a consumer has the right to withdraw from the contract concluded with Newmlwine without incurring costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period). The withdrawal period expires after 14 days:
a in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
b in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
c in the case of an order relating to the delivery of a Product consisting of lots or multiple pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.
10.2 To exercise the right of withdrawal, the user must inform Newmlwine of his decision to withdraw, before the expiry of the Withdrawal Period.
10.3 To exercise the right of withdrawal, the user must send a request via the contact page with an explicit declaration of his decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is borne by the user, it is in the interest of the user to keep a copy of the email sent to Newmlwine and with the Declaration of Withdrawal.
10.4 10.4 For the return of the Product, the user can use a carrier of his choice with return costs borne by the user: in this case, the user, after exercising the right of withdrawal in the manner indicated in this article, must return the Product to Newmlwine, using a carrier of his choice and at his own expense, without undue delay and in any case within the period of twenty (20) calendar days from the date on which the user informed Newmlwine of his decision to withdraw. The deadline is met if the user sends back the Product before the expiry of the fourteen-day period. The Product, suitably protected and packaged, must be shipped to the following address: NEW ML S.R.L., registered office Via Martiri di Padulivo 35, 50039 Vicchio (FI). The direct costs of returning the Product to Newmlwine are borne by the user. The Product is returned to Newmlwine under the responsibility of the user. If the user has used a discount code for the purchase of the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the sum of money
actually spent by the user, and not even with regard to the value of the discount code.
10.5 10.5 If the user withdraws from the contract, Newmlwine will refund the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from the day on which Newmlwine received the Products subject to withdrawal in the same condition in which they were sold. The refund will be made using the same means of payment used by the user for the initial transaction or the different means agreed between the parties; in any case, the user will not have to incur any additional costs as a result of such refund.
10.6 In the case of partial withdrawal, the amount of delivery costs to be returned to the user following the withdrawal will be calculated proportionally to the value of the goods subject to withdrawal.
10.7 The user is only responsible for the decrease in the value of the goods resulting from handling of the Product other than those necessary to recognise the Product with certainty. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the Product and intact and not tampered with, as well as free of signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories (which do not constitute autonomous Products) of the Product.
10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not entitle you to any refund. Newmlwine will notify the user, rejecting the request for withdrawal. Newmlwine will notify the user, rejecting the request for withdrawal.
10.9 10.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from a handling of the goods other than that necessary to clearly identify the same, the refund amount will be reduced by an amount equal to this decrease in value. Newmlwine will notify the user of the circumstance and the consequent decreased refund amount, providing the same, in the event that the refund has already been paid, with the bank details for the payment of the amount due by the user due to the decrease in value of the Product.
10.10 In the event that, if one of the legal hypotheses is used, the right of withdrawal does not apply, this exclusion will be given specific and express communication in the Product Sheet and, in any case, during the purchase process, before the user proceeds with the transmission of the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the event that the sale concerns: (i) products made to measure or clearly personalised; (ii) sealed products that do not lend themselves to being returned for hygienic reasons or related to health protection, which have been opened after delivery.

11. Various ↑
11.1 By placing an order on the Site, the user gives consent to receive the invoice, if requested, only in electronic format. The invoice can be printed and archived as original in accordance with Ministerial Circular 45/E, 19/10/2005. For the issuance of the invoice, the information provided to this purpose by the user will prevail, which he declares and guarantees to be true, obliging himself to keep Newmlwine harmless and indemnified from any damage, including sanctions issued by the competent authorities, that may derive from it in the event of non-compliance with the truth of the same.
11.2 Photos, texts, descriptions and everything contained in the Site are the property of NEW ML S.R.L.. The reproduction in whole or in part of any part of the Site is prohibited; the reproduction of texts or photos for any use and in any form and in any case without the prior written authorisation of NEW ML S.R.L. is also prohibited.
11.3 Newmlwine is not responsible for any damage suffered by the user or by third parties or to property owned by the user or third parties due to delays in delivery or related to the use of the Product.

12. Legal guarantee of conformity ↑
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for in articles 128- 135 of Legislative Decree no. 128-135 of the Consumer Code (Legal Guarantee). The legal guarantee is reserved for consumers. It, therefore, applies only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not have the quality of consumers will be applied the guarantees for defects of the thing sold, the guarantee for lack of promised and essential quality and the other guarantees provided for by the Civil Code with the relative terms, forfeiture and limitations.

13. Applicable law and place of jurisdiction↑
13.1 The contracts concluded between users of the Site and Newmlwine are governed by Italian law. It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
13.2 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), Newmlwine informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has lodged a complaint with Newmlwine as a result of which a negotiating solution could not be found, Newmlwine will provide information on Alternative Dispute Resolution bodies for the out-of-court resolution of disputes relating to the obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and subsequent amendments. Consumer Code). Newmlwine also informs the user who qualifies as a consumer referred to in art. 3, paragraph
1, letter a) of the Consumer Code which has been established a European platform for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR entities, find the link to the site of each of them and start an online dispute resolution procedure in which he is involved. In any case, the right of the consumer to appeal to the ordinary competent court of the dispute arising from these General Conditions of Sale is reserved.
13.3 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small disputes, by Council Regulation (EC) no. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.

14. Customer service and complaints ↑
14.1 It is possible to request information, send communications, request assistance or make complaints, by contacting Customer Service in the following ways:
a By phone: +39 340 7384217 (Monday to Saturday: 9:30-13:00 and 14:30-18:00).
b By sending us a request from the contact page.
14.2 Newmlwine will respond promptly to the complaints submitted, in any case within five working days of receipt of the same.