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This website is operated by ASKLEPIOS MEDTECH S.R.L
ASKLEPIOS MEDTECH S.R.L, with the registered office in the Romania, Europe, address: 23, Depozitelor Street, administrative building, 2nd Floor, Pitesti, Argeş County, registered with the Trade Register under no. J3/155/2023, tax code 18032021, hereinafter referred to as “the company”, “myvineyard”, “myvineyard.io” or “the project”.
Any person accessing the www.myvineyard.io website and validly registering, communicating to Myvineyard.io all the necessary data, shall be hereinafter referred to as "User".
Any user having sent and completed an order regarding one of the products for sale on the www.myvineyard.io website shall be referred to as "Customer".
By accessing the website www.myvineyard.io, all users expressly agree to comply with the terms and conditions presented herein below, as well as the applicable law in the field, including the terms and conditions of the privacy policy, to be separately found in detail in the sections presented on the website, namely:
• Terms of use
• Privacy & Cookie Use Policy
Art. 1. DEFINITIONS
1.1 In order to dismiss any contrary interpretations, within the meaning of this contract, the following terms have the definitions given herein below:
1.2 The website represents the www.myvineyard.io domain, as well as the subdomains thereof.
1.3 Service - provided by the company via the online platform that can be accessed at www.myvineyard.io - the e-commerce market place and service conducted exclusively on the publicly available portions of the website, in the sense of providing the User /Customer with the possibility to contract products and/or services using exclusively electronic means, also including other means of remote communication, but not limited thereto.
1.4 The order represents the electronic document, generated as a result of the www.myvineyard.io website being accessed by a User having accepted the terms and conditions of use presented on the website.
1.5 By placing an order on the website, the User firmly and expressly agrees with the form of communication whereby Myvineyard.io conducts its operations, not being able to subsequently invoke any circumstances/states of fact to change these forms of communication.
1.6 Products - any product uploaded on the page corresponding to the www.myvineyard.io web address, with the note that, in certain situations, there may be possible insignificant differences, which are not able to modify the essential, basic characteristics of the product.
1.7 The contract - represents an Order confirmed in advance by the representatives of myvineyard.io, whereby the delivery of the product or products ordered by the Customer is accepted.
1.8 Contract enforcement date - is the date of confirmation of the Order by the representatives of myvineyard.io, the date on which the contract is considered legally concluded, with all the legal consequences deriving from this state of fact.
1.9 Specifications – all product specifications uploaded to the website as such were made available by the manufacturer. If, between the specifications made available by the manufacturer (ingredients, image, labels or packaging, the enumeration being exemplary and not limiting) differences appear as a result of changes imposed by the manufacturer, or other differences result, exclusively caused by the manufacturer, myvineyard.io does not assume liability for the image of the products presented on the www.myvineyard.io website, or for the differences (ingredients, image, labels or packaging, the list being exemplary and not limiting) caused exclusively by the manufacturer, the customer not being able to invoke against THE COMPANY regardless of other factual situations which could bind the undersigned, irrespective of the nature thereof.
Art. 2. GENERAL TERMS
2.1 We hereby bring to your attention the regulation on the terms and conditions of use of the Myvineyard.io website
2.2 The use of the www.myvineyard.io website (browsing, access, purchase of products from this website, personal data processing, etc.) implies the guarantee on the part of the customer that they have reached the age of 18, so that they benefit from the legal rights to validate an order and agree to the terms and conditions set forth in the content. Thus, the one having turned 18 benefits from all contractual rights and obligations, derived from the legal relation generated by the placement of the order, respectively the confirmation thereof.
2.3 The administrator of www.myvineyard.io website reserves its right to amend the content of this contract at any time, without prior notice.
2.4 By using the website/content/, the User or Customer is solely responsible for all activities derived from the use thereof. They are also responsible for any material, moral, intellectual or electronic damages or any other kind caused to the website or the content belonging to the company in accordance with the applicable Romanian law.
2.5 The Buyer/Customer cannot revoke the consent expressed in favour of the conditions present in the content of the www.myvineyard.io website over the term of a contract or until the moment they pay the equivalent value of all unpaid contracts to The company. The consent for personal data processing makes an exception, but such possible revocation does not have any consequence on the previous contractual relations, already arisen, under which payment liabilities were validly formed, but not fulfilled, these remaining to be paid, in full, regardless of the customer’s option in terms of the processing of their personal data, this option producing effects only for the future and not for previously arisen situations.
2.6 If the User/Customer has paid the equivalent value of all unpaid contracts to The companyand maintains their intention to revoke the consent expressed in favor of the conditions present in the content of the www.myvineyard.io website during the fulfillment of an order, The company is going to cancel the User’s/Customer's product demand for products, without any subsequent obligation on either party towards the other or without either party being able to claim liquidated damages from the other.
Art. 3. SCOPE OF THE CONTRACT.
3.1 The scope of the contract is represented by the sale of the product/products ordered on the website by the Customer and confirmed for delivery by the Myvineyard.io representatives. The order must compulsorily include: the sale price of the ordered product/products, the payment method, as well as the payment term. Nevertheless, the absence of any such item does not deprive of legal effects the valid contractual relation created by the placement, namely the order confirmation, to the extent to which this contractual relation can be easily and reasonably verified, as well as the legal consequences thereof.
3.2 Ownership over the products shall be transferred upon the payment by the Customer at the location indicated in the order, delivery being understood as the signature of receipt on the shipping document provided by the courier.
Art.4. SALE PRICE. PAYMENT METHODS
4.1 The sale price of the products is the one displayed on the website. The displayed price includes VAT, as well as any other applicable tax (less the delivery charges of the product/products). The sale price may be changed by Myvineyard.io at any time without prior notice.
4.2 The order registration confirmation, automatically received by the person who placed the order, does not represent a firm and express confirmation of the fact that the ordered product/products is/are in stock (there is a possibility that the displayed availability is approximate) and does not generate any kind of contractual or other obligation for the seller, the placement of the order, initially, exclusively implying the confirmation of registration and the detailing of the placed order.
The order placed online, on the myvineyard.ro website, is valid and generates contractual obligations for the seller exclusively after the confirmation by the latter and only if the following conditions are cumulatively met, without any exception:
• the data of the person having placed the order are full and correct, such person providing all the necessary pieces of information, in accordance with the applicable law, assuming full responsibility for their accuracy and correctness;
• the ordered products are actually in the seller's stock (the wine or spirits producers) and are available for the concrete fulfillment of the placed order;
• there are no system errors or as such, which could generate an erroneous or incomplete price (for example, the value of the product is displayed RON 0 = zero - or the price displayed as transaction value of the product, as a result of an error, is infinitesimal, derisory or obviously disproportionate, in relation to the quantity, quality and properties of the product, being obvious, for any consumer with an average degree of training and knowledge, that it would be impossible, from a commercial perspective, to trade the product at such price
• the bank having issued the card used by the person who placed the order accepts the transaction
• The wine or spirit producer issues the fiscal invoice for the ordered products and not the website myvineyard.io
Upon order confirmation, exclusively under the terms herein above, Myvineyard.io or the product manufacturer shall issue an invoice for the products to be delivered, only to the extent to which these requirements are cumulatively met. The invoice issue moment represents the moment of the actual conclusion of the contract, the contract not being deemed concluded either at the time of order placement or when the order registration confirmation is received from myvineyard.
The company reserves its exclusive right to cancel the delivery of the ordered products/to cancel the fulfillment of the order at any time, even after the invoice has been issued, to the extent to which the aforementioned cases are found to have occurred (including the circumstance that the price was incorrectly listed, as a result of an error - IT error, material error, display error on the website, regarding the price of the products or their characteristics, etc. -, error that generated an inaccurate, wrong, infinitesimal or derisive price), in this case there being no obligation on the part of the seller to notify/inform the customer in advance. In case an order is cancelled for and under the conditions detailed herein above, neither party shall be held liable for any obligation towards the other, in the sense that neither party shall be able to claim compensation from the other party, regardless of the nature such compensation.
4.3 Upon order confirmation, Myvineyard.io shall issue a proof of payment for the products to be delivered, the User being bound to provide all pieces of information necessary to issue the invoice, for the producers, in compliance with the applicable law, assuming full responsibility for their accuracy and correctness.
4.4 The payment methods are: online payment by bank card via the payment processor of the platform
4.5 In the event the contract cannot be performed because the product is no longer available, Myvineyard.io shall inform the Customer about this unavailability, on the date on which it became aware of this case. In case the product has already been paid for, the amounts received as payment shall be reimbursed within maximum 30 days, unless the parties agree otherwise.
4.6 To the extent to which the order placed on the website is paid by the "online card payment" method, the details of the orders (including the purchased products, their brand and quantity, etc.) shall also be collected by the STRIPE operator. By placing such an order, paid online, the customer is fully aware of the clause on personal data collection and processing, in this form and manner, by using the online payment application, respectively by accepting the "Terms and Conditions of the PAYMENT PROCESSOR" for the content whereof the company is not responsible.
4.7. The selling price represents the price charged by myvineyard.ro partners, displayed on the site visibly, without any kind of discrimination, with the exception of cases when certain customers are offered products at differentiated or preferential prices in order to reward them for owning a NFT from - a partner collection. In these cases, after verifying the property right over the nft through third parties, the customer can access the discount granted by the myvineyard platform.
The responsibility for the authenticity and authentication of the NFT belongs entirely to the consumer.
Art. 5. PRODUCT DELIVERY
5.1 The delivery of the ordered product (as well as the accompanying documents) shall be made to the address indicated by the Customer, within maximum 14 days of the moment the product is picked up by any courier company, which represents the withdrawal period from the contract concluded with Myvineyard.io.
5.3 The delivery is made on the territory of the COUNTRIES AGREED UPON BY THE CARRIER.
5.4 If the delivery deadlines cannot be complied with, Myvineyard.io shall notify the Customer of the estimated delivery deadline.
5.5 If the Customer fails to provide correct information on billing or delivery, Myvineyard.io shall be able to refuse the delivery, without this being considered a breach of the Contract, or shall be able to set a new delivery deadline, following the fulfillment of the deficiencies. The company reserves its right to refuse a new delivery to the extent to which the inaccurate or erroneous communication of the aforementioned data was made with intent and without justification.
5.6 Myvineyard.io does not assume responsibility for delays caused by the courier company, the responsibility being fully incumbent thereupon, the undersigned solely guarantying the fulfillment of the obligations related to its own person and to its own employees.
5.7 To the extent to which the customer is not found by the courier company at the address specified in the order, or the address specified in the order is not complete or contains inaccuracies, making the delivery of the order impossible, as well as if the delivery should be carried out in an inappropriate location, which could put at risk the integrity of the courier, a fact making the delivery impossible, the customer is fully responsible for the equivalent cost of transportation.
5.8 If the customer returns and requests the order again, all costs related to the new transportation are incumbent thereupon.
5.9 To the extent to which the customer, after placing the order, notifies Myvineyard.io in any way about their intention not to pick up the ordered product, or refuses to pick up the product delivered by courier, the customer is fully responsible for the entire cost of transportation or any possible charges incurred by Myvineyard.io as a result of the placement of the order which was unjustifiably waived of.
5.10 By placing any order to Myvineyard.io, by filling in the order form wherein the customer indicates, as contact details, the telephone number where they can be called and/or the e-mail address, the latter expresses their consent, express and unconditional, for such phone number and/or e-mail address to be used by Myvineyard.io for the purpose of sending promotional/advertising messages, customized offers, messages on the occasion of holidays or other events, messages/notifications on the status of the order in progress, thank you messages for the placed orders, as well as any kind of information from Myvineyard.io regarding the products sold, the orders placed or the commercial activities carried out by Myvineyard.io. In case the customer does not want/no longer wants for the telephone number communicated once the order is placed and/or the provided e-mail address to still be used for the aforementioned purposes, they are bound to inform Myvineyard.io, under the conditions set forth in the "Personal Data Processing " Section, making an express and explicit note with the concrete indication of whose contact data they no longer wish to be used (the communicated telephone number and/or e-mail address) in the future, the lack of such information/notification to The company being equal to the continued acceptance of the customer for the previously listed activities. Myvineyard.io is not responsible for the customer providing a telephone number not belonging to them and/or an e-mail address that they are not the holder of, where they cannot be contacted or that a third person became an owner of subsequent to the order.
5.11 Communications made by telephone calls, calls made via the Call Center or through the telephone numbers used by the company in carrying out the commercial activity thereof, may be recorded. The purpose of processing and recording telephone calls (phone number, voice, conversation content) is to improve the quality of the conversations held by the the company representatives with the customer, to optimize the provided services, for evaluation and training, to better understand the customers’ wishes, to access and better understand the recording of suggestions, requests, complaints, notices or grievances from customers/consumers, to protect in the safest and most appropriate way the rights of both customers and the supplier. The customers/consumers are informed of the recording of telephone calls and they can withdraw at any time from a telephone conversation, being also able to make such requests, using the provided contact data. The lack of any intention regarding this withdrawal is equivalent to the acceptance of the continuation and recording of the conversation. The recording of calls stops when they are terminated or in case there is no wish for them to continue. The rules may be periodically revised, in relation to legislative amendments and supplements, depending on the level of technological development, any occurred change being brought to the attention of the data subjects by means of the the company website. The recordings are kept for a reasonable period of time, necessary for the purpose for which the data are processed, and may be kept for a longer period for the legitimate interest of the Controller (in situations such as the existence of any litigation or disputes, etc., relevant for the controller and which may require the professional experience of third consultants - lawyers, auditors, experts), or in order to be provided to the relevant authorities, for the resolution of complaints or other requests, but also to prove the fulfillment in good faith of the obligations towards consumers/customers/buyers. The company constantly makes the necessary efforts and diligence to ensure that the processing of personal data arising from telephone recordings is safe, being accessed, if applicable, by people specifically trained in this respect or by the authorities, exclusively according to the law and with the avoidance of any harm to the legitimate rights of the directly concerned people, so that personal data are not disclosed in an unauthorized manner.
Art. 6. WARRANTIES
6.1 All products sold on the website benefit from warranty terms in accordance with the applicable law and the commercial policies of the manufacturers, the manufacturer being solely responsible for any shortages, deficiencies, non-conformities, etc., the enumeration being exemplary in nature, essentially comprising all the factors having a direct connection with the manufacturer.
6.2 The products sold by Myvineyard.io are new, in the original packaging and they originate from sources authorized by each individual manufacturer.
6.4 Also, any complaints regarding deficiencies of the purchased product/products can be made directly to the contact@myvineyard.io address or at the Myvineyard.io headquarters, within 14 days of receipt.
Art. 7. RETURN OF THE PRODUCTS
7.1 Due to the natural particularity of the products there is no return policy available
Art. 8. LIABILITY OF THE COMPANY
8.1 Myvineyard.io cannot be held liable for any loss of the User or the Customer in the situation where this is caused by a non-compliance with these terms and conditions or by a non-compliance with the Contract and other instructions indicated on the website.
8.2 Myvineyard.io is also not liable for damages caused as a result of the website not working as well as for those resulting from the impossibility of accessing certain links accessible on the website.
8.3 Myvineyard.io is not responsible for damages of any kind that the User/Customer or any third party may suffer as a result of Myvineyard.io fulfilling any of the obligations thereof under the Contract and for damages resulting from the use of such products after delivery and, in particular, for the loss of the products.
8.4 Myvineyard.io is not liable towards any customer/user for any requests outside of these terms and conditions, it cannot be responsible for any possible damage, material or of any other nature, that would derive, directly or indirectly, from facts or other circumstances that have not been indicated in this section of the Terms and Conditions.
8.5 Myvineyard.io reserves its right to cancel the order and not reserve the ordered products if the customer cannot be contacted by phone within 24 hours of the order placement.
Art. 9. INTELLECTUAL PROPERTY RIGHTS
All materials integrated in this website (including product descriptions, their promotion method, etc.) are the intellectual property of Myvineyard.io. These materials may not be copied or reproduced, except for the period needed for them to be viewed online. Any breach of this obligation entitles the company to claim both liquidated damages and gives rise to the obligation on the part of the defaulting party to immediately cease the harmful action, disregarding the intellectual property of the undersigned.
Art.10. ASSIGNMENT AND SUBCONTRACTING
10.1 Myvineyard.io can assign and/or subcontract to a third party for services related to the fulfillment of the order, with the notification of the Customer, without their consent being necessary in order to fulfill the order.
10.2 In case of assignment/subcontracting, Myvineyard.io remains liable towards the Customer for how the person to whom it assigned the contract fulfills their obligations towards the Customer.
Art 11. FINAL PROVISIONS
11.1. The compnay and its Partners reserve their right to make any changes to these provisions, as well as any changes to the Website, its structure, the Service, as well as any Content without prior notice to the Member or Customer.
11.2. Within the limits of the provisions of this Document, the Seller cannot be held liable for any errors appearing on the Website for any reason, including due to changes, settings, etc., which are not made by the Website administrator.
11.3. The company reserves its right to insert advertising banners of any kind and/or links on any page of the Website, in full observance of the applicable law.
Art. 12. APPLICABLE LAW. DISPUTES
12.1 The contract is subject to the Romanian law. Any disputes arising between Myvineyard.io and the Customer shall be amicably settled, meaning that the dissatisfied party shall send a notification in advance, by a means of communication capable of proving the receipt by the other party; in case this is not possible, the disputes shall be settled by the relevant Romanian law courts.
13. FEEDBACK
13.1. If there are any questions or suggestions regarding myvineyard.ro, please contact us by e-mail to contact&myvineyard.io
13.2. Any comments, questions, feedback, ideas, suggestions or other communications or information about or related to the www.myvineyard.ro Website, the functionality or improvement thereof shall remain the property of the company