1. These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Visit Prosecco Italy, the owner and operator of this Website.
2. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
3. In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Visit Prosecco Italy and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Visit Prosecco Italy and accessing the Website in connection with the provision of such services.
4. You must be at least 18 years of age to use this Website or, if you are under 18 years of age, you have the consent of your parent or guardian to use this website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age or, if you are under 18 years of age, you have the consent of your parent or guardian.
Legal relationship: Users, Suppliers and the Website
5. The Website provides information on visiting the Prosecco region of Italy, including links to vineyards, accommodation, restaurant and product suggestions.
6. The Website also allows Users to:
a) book directly with individuals or companies (Suppliers) who provide tourism services such as driving (Services) in Italy;
b) Order Prosecco from wineries (Wineries) for delivery to Users homes (Prosecco Delivery).
7. The information on the Website is for general information purposes only and does not constitute an offer binding on Visit Prosecco Italy.
8. Contracts for the Services are to be concluded directly between the Users and the Suppliers.
9. Visit Prosecco Italy is not a contracting party with regards to any Services referenced or on the Website or agreed to by the Suppliers.
10. When you purchase goods such as Prosecco Delivery, the resulting legal contract is between you and the Winery and such contract shall comprise of these Terms and Conditions, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.
Tour Booking Terms
11. As the contract for Services is between the User and the Supplier, these Terms and Conditions apply to the User’s use of the Website for booking the Supplier’s Services only.
Booking process and conclusion of contract
12. The Website displays the Services offered by the Suppliers. The user can, after checking availability, make a contractual offer for the Services, by placing an offer, to be sent to the respective Suppliers. This happens by clicking on the booking button on the Website or on Visit Prosecco Italy’s social media pages.
13. The User is bound to their binding offer for five working days or until their selected tour date, whichever is sooner.
14. Visit Prosecco Italy shall provide the User with a booking request confirmation email which will include the name of the Supplier (e.g. the driver’s name), as well as a payment confirmation.
15. Visit Prosecco Italy shall transfer data between the User and the Supplier for the purpose of the contracting and provision of the Services.
16. It is the Supplier’s responsibility to reply to the User with full details of the Services (e.g. pick up time, meeting point, terms and conditions) and the contract is not concluded until this email is received by the User and full details of the Services are agreed between the User and the Supplier.
17. Visit Prosecco Italy offers no guarantee for the accuracy of forwarded data, or for the performance of the Services by the Supplier, as all the information indicated and forwarded is based on data from Suppliers, which Visit Prosecco Italy cannot check in detail.
18. It is the Supplier’s responsibility to notify the User of the terms and conditions applicable to the provision of the Supplier’s Services.
Pricing on the Website
19. All prices on the Website includes relevant UK taxes.
20. Prices specified may be subjected to special conditions, for example with regards to extra services, cancellation and the refunding of payments made. Before conclusion of the contract, please check precisely whether the respective service agreement is subject to separate conditions.
Payments on the Website
21. Visit Prosecco Italy is permitted to collect the invoiced amounts (or a percentage of the amount) in the name of, and on behalf of the Supplier.
22. As the contact for the Services is between the Supplier, the User can only assert repayment of a payment from the Supplier. A refund granted by the Supplier can also be processed by Visit Prosecco Italy.
23. Any deposit paid shall not be refundable.
24. The User will be notified of the payment methods permitted for the Service during the booking process.
25. Upon authorization of the payment, the User consents to their payment information being used for the collection of payments by Visit Prosecco Italy or by a third-party intermediary (e.g. a payment gateway such as Stripe) used by Visit Prosecco Italy.
Services availability and warranty
26. The User shall have no claim against Visit Prosecco Italy for availability, quality or service features.
27. Visit Prosecco Italy makes no guarantee or warranty about the services provided by Suppliers.
28. The User should contact the Supplier in the event of questions or claims about the Services, the service agreement and its execution.
Prosecco Delivery Terms
How contracts are formed between you and the Wineries
29. Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to these Terms and Conditions and the applicable details on the product page.
30. No order shall be deemed to be accepted by the Wineries until we (acting as the commercial agent of the Wineries) issue an email acknowledgement of order. The contract between you and a Winery will relate only to those goods and/or services notified in the email acknowledgement of order.
Goods and services
31. We cannot give any undertaking, that goods and/or services you purchase from Wineries through the Website will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law.
32. This disclaimer does not affect your statutory rights against the Wineries. Where you order goods and/or services through the Website we may disclose your customer information related to that transaction to the relevant Winery.
33. We do not review or control, and are not responsible in any way for, product details provided by Wineries and at no time do we possess any items offered for sale by Wineries through the Site.
34. Purchases for goods and/or services you make with Wineries may only be paid for using the payment methods we make available from time to time through our payment facility.
35. In accepting or otherwise processing your payments related to the purchase of items from Wineries, we act in the capacity as commercial agent of the Wineries.
36. You acknowledge that these Terms and Conditions, and/or any transaction made by you via the Website do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Wineries.
37. All prices shall be shown in the applicable currency and payable in that currency.
38. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions).
39. You accept that delivery charges will vary depending on the destination you to choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.
Refusal of transaction
40. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
41. Your order page on the Website displays the goods you have chosen, the Wineries who shall provide them and, unless otherwise stated, includes postage and packing.
42. Expected delivery times will be set out on the Website or will be provided when you send an order enquiry. We will notify you of the expected delivery time before we confirm your order so that you can decide if the expected delivery times are suitable.
43. Your goods will be delivered within 30 days unless we have agreed otherwise with you.
Import regulations and duty
44. If you order goods from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Your 14-day cooling off period
45. You can cancel your order up to 14 days after your order is delivered. You do not need to give us a reason for cancelling.
46. If the goods have already been shipped to you, you must return the goods to the Winery within 14 days of receiving them. The goods must be returned in their original condition.
47. You will be required to pay the cost of returning the goods. Due to the value and fragile nature of the goods, we recommend that you use a tracked and secure shipping company to deliver your return to the Winery.
48. If you have ordered goods from more than one Winery, contact us for details of where to return your order.
49. As the seller’s payment agent, we will process any refund directly to your payment card, in no more than 14 days after the day the product is received by the Winery.
50. We hope that every purchase will reach you in a perfect condition but in the rare case it doesn’t, please get in touch with the us to let us know.
51. It’s necessary to include as much information as you can about the issue and if possible also provide some pictures that show any damage to the product and where relevant, the external packaging. Please don’t destroy or throw away any product or packaging, even if it’s faulty, before you’ve spoken to us and agreed that doing so won’t affect any refund you may be entitled to.
52. We aim to respond to all enquiries within 3 days and will let you know how best to proceed.
Intellectual property and acceptable use
53. All Content included on the Website, unless uploaded by Users, is the property of Visit Prosecco Italy, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
54. You may, for your own personal, non-commercial use only, do the following:
a) retrieve, display and view the Content on a computer screen
b) print one copy of the Content
55. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Visit Prosecco Italy.
56. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
57. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Visit Prosecco Italy for all claims resulting from Content you supply.
58. You may not use the Website for any of the following purposes:
a) in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
59. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Visit Prosecco Italy.
60. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
61. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
62. We may include links to another site that generate commission for us when you click on or buy products or services through another site (Affiliate Links). By using the Website and agreeing to these terms and conditions you consent to our inclusion of Affiliate Links in our Content and on our Website.
63. We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Links from other websites to our Website
64. You may create a link to our Website from another website, but only if you comply with the following conditions:
a) you must not frame any page of our Website;
b) you may only link to our Website from a website which you own and which complies with the standards set out in paragraph 4; and
c) you must not suggest that we have any association with you or that we approve or endorse your website or any of your products or services unless we expressly agree that you can do so.
65. We reserve the right to require you to remove any link to our Website at any time and without giving you prior notice.
Privacy and Cookies Policy
66. Use of the Website is also governed by our Privacy and Cookies, which are incorporated into these terms and conditions by this reference. To view the Privacy and Cookies, please click on the following: Privacy and Cookies Policy.
Availability of the Website and disclaimers
67. This Website is made available to you free of charge.
68. Any online facilities, tools, services or information that Visit Prosecco Italy makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Visit Prosecco Italy is under no obligation to update information on the Website.
69. Whilst Visit Prosecco Italy uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
70. Visit Prosecco Italy accepts no liability for any disruption or non-availability of the Website.
71. Visit Prosecco Italy reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
72. Although we review the Content and Website from time to time, we can’t guarantee that all Content is accurate, complete or up to date and we make no warranties, representations, undertakings or guarantees that the Content on our Website is accurate, complete, up to date or free from errors or omissions.
73. The Content on our Website is for general information only. Nothing on our Website is intended to be advice on which you should rely. You should always take specialist advice before taking, or not taking, action on the basis of any Content on our Website.
74. Users have the opportunity to write an evaluation and uploading pictures to the Website (“User Content”). Users are fully responsible for the User Content they provide and shall ensure that the content is correct and does not contain any misleading or illegal statements or details or violate third-party rights. Visit Prosecco Italy does not make user content its own.
75. Visit Prosecco Italy can use the User Content in various ways including displaying it on the website, reformatting, editing for more clarity or better grammar, incorporation into adverts or other work.
76. Visit Prosecco Italy can remove or report User Content where necessary and at its own discretion.
77. Visit Prosecco Italy is not obliged to store copies of User Content or provide copies thereof.
78. Visit Prosecco Italy does not guarantee the confidentiality of User Content.
79. Visit Prosecco Italy can display adverts and other information together or next to the User Content on the website and other media. Users have no claim to remuneration for these adverts. Subject to changes regarding the type and scope of these advertising measures. The User does not need to be especially notified of this.
80. The User shall fully indemnify Visit Prosecco Italy from all third-party claims (including suitable costs for legal prosecution and defence) concerning the User Content provided by the User. This also applies if the contested content can no longer be accessed on Website. This does not apply if Visit Prosecco Italy is responsible for the legal violation.
81. In the event of recourse by third parties, users have to immediately, truthfully and completely provide Visit Prosecco Italy with all the information necessary to verify the claims and defend them.
Limitation of liability
82. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
83. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
84. To the maximum extent permitted by law, Visit Prosecco Italy accepts no liability for any of the following:
a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b) loss or corruption of any data, database or software;
c) any special, indirect or consequential loss or damage.
85. You may not transfer any of your rights under these terms and conditions to any other person.
86. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
87. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
88. These terms and conditions together with the Privacy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
89. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
90. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
91. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
92. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
93. The Website is available in English.
94. You can print these Terms and Conditions directly from the Website. Please contact us for previous versions of our terms.
Visit Prosecco Italy details
95. Visit Prosecco Italy of c/o 99 Stanley Road, Bootle, Merseyside, L20 7DA operates the Website www.visitproseccoitaly.com.
96. You can contact Visit Prosecco Italy by email on [email protected]
Last updated 11 November 2020