Art. 1 – General Provisions

1. The user navigating in this area accesses Mood Wines a, accessible through the url: https://www.moodwines.com. Browsing and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by
   M8d S.r.l.
   Via Urbano Pavesi 47
   27010 – Albuzzano (PV)
   P.IVA 028303360182
3. You are required, before accessing the products provided by the site, to read these Terms and Conditions of Sale, which are generally and unequivocally understood to be accepted at the time of purchase.
4. You are encouraged to download and print a copy of the purchase form and these Terms and Conditions, the terms of which Mood Wines reserves the right to change unilaterally and without notice.

Art. 2 – Purpose

1. These Terms and Conditions of Sale govern the offer, submission and acceptance of purchase orders for products on Mood Wines and do not, however, govern the provision of services or the sale of products by parties other than the vendor that are present on the same site through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from different parties, we suggest checking their terms and conditions.

Art. 3 – Conclusion of the contract

1. To conclude the purchase contract, you will need to fill out the form electronically and submit it following the relevant instructions.
2. It contains a reference to the General Terms and Conditions of Sale, images of each product and its price, the means of payment that can be used, the mode of delivery of the purchased products and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; how and when to return the purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Right of Withdrawal and Personal Data Processing Notice.
4. The contract is concluded when the seller receives the form completed by the user, after checking that the data contained therein are correct.
5. The buyer will be obligated to pay the price from the moment the online order submission process is completed.
   This will be done by clicking on the “Conclude Order” button at the end of the wizard.
6. Once the contract is concluded, the seller takes over the order for fulfillment.

Art. 4 – Registered Users

1. In completing the registration procedures, you agree to follow the directions on the site and to provide your personal information correctly and truthfully.
2. Once registration has been made, the user will receive a confirmation email in the email provided by him/her.
   The confirmation must be communicated within 48 at the latest.
   After this period, in default of confirmation, Mood Wines will be released from any commitment to the user.
3. Confirmation shall in all cases release Mood Wines from any liability regarding the data provided by the user.
   The ‘user undertakes to promptly inform Mood Wines of any changes in their data at all times communicated.
4. If then the user communicates inaccurate or incomplete data or even in the event that there is a dispute by the parties concerned about the payments made, Mood Wines shall have the right not to activate or to suspend the service until the relevant shortcomings are remedied.
5. At the time of a user’s first request for activation of a profile, Mood Wines will assign to the user a username and a password.
   The latter acknowledges that such identifiers constitute the system of validation of the user’s accesses to the Services and the only suitable system for identifying the user that the acts performed by means of such access will be attributed to him/her and will be binding on him/her.
6. The user agrees to maintain the secrecy of his or her access data and to guard it with due care and diligence and not to transfer it even temporarily to third parties.

Art. 5 – Availability of products

1. Product availability refers to the actual availability at the time the buyer places the order.
   However, this availability should be considered purely indicative because, as a result of the simultaneous presence on the site of several users, the products could be sold to other customers before the confirmation of the order.
2. Even after the order confirmation e-mail is sent, there may be cases of partial or total unavailability of goods.
   In this eventuality, the order will be rectified automatically with the deletion of the unavailable product and the buyer will be immediately informed by e-mail.
3. If the buyer requests cancellation of the order, terminating the contract, Mood Wines will refund the amount paid within 30 days from the time Aviva Italia became aware of the buyer’s decision to terminate the contract.

Art. 6 – Products offered

1. Mood Wines markets: Wine
2. The offer is detailed on our website at the link: https://www.moodwines.com/

Article 7 – Payment terms and prices

1. The price of the products will be as stated from time to time on the site, except where there is an obvious error.
2. In the event of an error Mood Wines will notify the buyer as soon as possible allowing confirmation of the order at the correct amount or cancellation.
   In any case, there shall be no obligation on Mood Wines to supply what is sold at the lower price erroneously indicated.
3. Site prices include VAT and include shipping costs.
   Prices are subject to change at any time.
   Changes do not affect orders for which order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the shopping cart.
   You will simply follow the instructions for purchase, entering or verifying the required information at each step of the process.
   Order details may be changed before payment.
5. Payment can be made by:
   Credit cards (Visa, Mastercard, Amex)
   Paypal

Art. 8 – Delivery

1. Mood Wines ships throughout Italy, excluding the Vatican City State and the Republic of San Marino.
2. Mood Wines will only make deliveries to the user’s home, provided at the time of purchase.
3. Delivery is generally made within 10 days, or, if no delivery date is specified, within the estimated time at the time of selecting the delivery method and, in any case, within the maximum period of thirty days from the date of confirmation.
4. If delivery is not possible, the order will be sent to the depot.
   In such an event, a notice will specify where the order is located and how to arrange for a new delivery.
5. If you are unable to be at the delivery location at the agreed upon time, please contact us again to arrange a new delivery date.
6. If delivery cannot take place for reasons beyond our control after thirty days from the date the order is available for delivery, we will assume that we intend to terminate the contract.
7. As a result of termination, the amounts will be returned, including delivery costs with the exclusion of any additional costs arising from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 14 days from the date of termination of the contract.
   Transportation resulting from the termination of the contract may have additional costs that will be borne by the buyer.
8. Shipping costs are the responsibility of the buyer and are highlighted explicitly when placing the order.

Art. 9 – Passing of risk

1. Risks relating to the products will pass to the purchaser from the time of delivery.
   Ownership of the products shall be deemed to have accrued upon receipt of full payment of all amounts due in respect thereof, including shipping charges, or upon delivery, if delivery occurs at a later date.

Article 10 – Warranty and commercial compliance

1. The seller is responsible for any defects in the products offered on the site, including non-conformity of the items to the products ordered, in accordance with the provisions of Italian law.
2. If the purchaser has entered into the contract as a consumer, i.e., any natural person acting on the site for purposes outside his or her business or professional activity, if any, this warranty is valid provided that the defect manifests itself within 24 months from the date of delivery of the products; that the purchaser files a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect is acknowledged by the purchaser; and that the online return form is properly completed.
3. In the event of non-conformity, the purchaser who has entered into the contract as a consumer shall be entitled to have the products restored to conformity without charge by repair or replacement, or to obtain an appropriate price reduction or termination of the contract with respect to the disputed goods and subsequent refund of the price.
4. All return costs for defective products will be borne by the seller.

Art. 11 – Withdrawal

1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without penalty and without specifying the reason, within the period of 14 days pursuant to Art.
   57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
2. In the case of multiple purchases made by the buyer in one order and delivered separately, the 30-day period starts from the date of receipt of the last product.
3. The user who intends to exercise the right of withdrawal must notify Mood Wines by means of an explicit declaration, which may be sent by registered mail with return receipt to the following address:
   Via Caduti per la Liberazione, 21 – 27029 – Vigevano
4. The purchaser shall also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or alternatively transmit the model withdrawal form, set out in Annex I, Part B, Legislative Decree 21/2014 which is not mandatory.
5. The goods should be returned to:
   Via Caduti per la Liberazione, 21 – 27029 – Vigevano (PV)
6. The goods must be returned intact, in original packaging, complete in all its parts and complete with the attached tax documentation.
   Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 10 days, including any shipping costs.
7. As provided by Art.
   56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the site may suspend the refund until the receipt of the goods or until the buyer proves that he has returned the goods.
8. The right of withdrawal will not apply in case the services and products of Mood Wines are included in the categories of Art.
   59 of Legislative Decree 206/2005.
9. The site will make the refund using the same means of payment chosen by the buyer at the time of purchase.
   In the case of payment made by bank transfer, and if the purchaser intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary to make the refund.

Article 12 – Data Processing.

1. By using the site you authorize the processing of your personal data.
   This information is also valid for the purposes of Article 13 of the EU Regulation no.
   2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
2. The data controller is M8d S.r.l.
3. The data controller, appointed by the owner, is Moulay Driss El Faria.
4. The data will be processed at Via Caduti per la Liberazione 21 – 27029 – Vigevano (PV).
5. Data are processed exclusively electronically, using computer tools and media designed to ensure the security and confidentiality of the data.
   The stored information is protected from unauthorized access.
6. We process data provided by users regarding purchase orders, payments (which may contain name, address, contact information), IP address, all other data provided.
7. The purpose of the use of such data is the execution of the purchase order and payments, the communication of such data to third party providers of payment services, shipping as well as contacts of an informational nature about the activities and services of the site, offers of a commercial nature of affiliated companies and business partners.
8. The provision of data and consent to the processing for the purposes referred to the purpose of the contract or the execution of the order and its payment is necessary for the conclusion itself as well as the execution of the contract therefore the refusal to provide such data or to give consent to its processing has as a consequence the impossibility for the user to purchase the products and services of offered.
9. The provision of data and consent to its processing for the purposes of commercial communications is optional.
   However, any refusal to provide such data or consent to its processing may result in the inability of the user to receive such further services.
10. The user, in always has the right for his data to be updated, corrected or supplemented, the cancellation, transformation into anonymous form or blocking of data processed in violation of the law including those that do not need to be kept in relation to the purposes for which the data were collected or subsequently processed, certification that the operations have been brought to the attention, also as regards their content, of those to whom the data were communicated or disseminated, except where this proves impossible or involves a manifestly disproportionate to the protected right.
11. The user has the right to object, in whole or in part, to the processing of personal data concerning him or her for legitimate reasons, even if pertinent to the purpose of collection, and to the processing of personal data concerning him or her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
12. The user may also revoke at any time the consent to the processing of their data previously given to Mood Wines.
13. All rights under EU Regulation 2016/679 can be exercised by the user by writing to the following email: [email protected]
14. At the first visit the user will be invited to choose his language and will offer the possibility to save the language of preference.
    For this purpose, the user authorizes the use of identification codes c.d. cookies, i.e. small files sent by its Internet server and recordable on the hard disk of the user’s computer.
15. The hard drive collects information about the user’s language preference and stores the pages of the site visited.
    Cookies are used for the purpose of preventing the user from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the user’s browser type.

Article 13 – Safeguard Clause.

1. In the event that one of the clauses of these General Terms and Conditions of Sale is null and void for any reason whatsoever, this shall in no way affect the validity of and compliance with the other provisions appearing in these General Terms and Conditions of Sale.

Art. 14 – Contacts

1. Any request for information may be sent by e-mail to the following address [email protected], by phone to the following telephone number: 331 278 3175, and by mail to the following address:
   Via Caduti per la Liberazione, 21
   27029 – Vigevano (PV)

Article 15 – Applicable law and place of jurisdiction

1. These General Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Italy, without prejudice to any different overriding mandatory rules of the purchaser’s country of habitual residence.
   Accordingly, the interpretation, performance and termination of the General Conditions of Sale shall be subject exclusively to Italian law.
2. Any disputes inherent and/or consequent thereto shall be resolved exclusively by the Italian judicial authority.
   In particular, if the purchaser has the status of Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same according to the applicable law.

These conditions were drafted on 03/21/2019.