Terms of service

English

This website is owned by VPG Value Performance Group s.r.l., with registered and administrative office at Salita S. Caterina 5/4 – 16123 Genoa, tax code and VAT number 01835280999, registered with the Genoa Companies Register under no. 439 260, and is dedicated to the retail sale of the products listed in the catalogue on the website.

VPG Value Performance Group s.r.l. is the owner of the Cape Best trademark, under which the website is operated.

VPG Value Performance Group s.r.l. complies with the regulations governing distance contracts pursuant to Articles 50 et seq. of Italian Legislative Decree no. 206/2005.

1. General conditions

The conditions applicable to each individual order shall be those displayed on the website at the time the order is placed. Any new conditions shall become effective from the moment they are published on the website and shall apply only to sales concluded thereafter.

2. Public offer

All products and prices indicated on the website constitute a public offer, subject to the limitations and procedures set out on the website itself and in these General Terms and Conditions of Sale.

3. Products

VPG Value Performance Group s.r.l. guarantees that the products conform to the information provided on the website. The products sold are protected by the manufacturer’s conventional warranty and by the 24-month legal guarantee for lack of conformity, limited to final consumers, pursuant to Articles 128 et seq. of Italian Legislative Decree no. 206/2005.

In the event of a lack of conformity, provided that the product has been used correctly and in accordance with its intended use, VPG Value Performance Group s.r.l. shall restore the conformity of the product by replacement or, alternatively, by reducing the price or terminating the contract.

If the defect is found not to result from a lack of conformity but from improper use or tampering, the Customer shall be charged any inspection costs as well as transport costs, where incurred by VPG Value Performance Group s.r.l.

The timing for product replacement depends exclusively on the policies of VPG Value Performance Group s.r.l.

4. Prices, VAT and import charges

All prices displayed on the website include VAT where applicable. Delivery costs are not included in the product price and are calculated separately during the purchase process, before the order is confirmed.

For orders delivered outside the European Union, including but not limited to Switzerland, the United Kingdom, the United States, Canada, Australia and other non-EU countries, the product price and shipping cost indicated on the website do not include any import VAT or local import taxes, customs duties, customs clearance fees, courier administrative fees or other costs required by the authorities of the destination country and/or by the carrier.

Such amounts, where applicable, shall be borne by the Customer and may be requested upon delivery or subsequently by the courier, postal operator or competent authorities of the destination country.

VPG Value Performance Group s.r.l. ships orders to non-EU countries under DAP — Delivered At Place — terms, unless expressly stated otherwise. This means that any import costs, local VAT, duties, customs charges, customs clearance fees or courier fees applied in the destination country are not included in the amount paid to VPG Value Performance Group s.r.l. and remain the responsibility of the Customer.

VPG Value Performance Group s.r.l. has no control over such costs, which vary depending on local regulations, product type, order value and the procedures of the carrier or competent authorities.

Refusal to pay such charges or failure to complete customs procedures may result in delays, storage, return to sender or additional costs. In such cases, VPG Value Performance Group s.r.l. reserves the right to deduct from any refund the costs incurred for shipping, storage, return of the goods, customs charges or other related costs, to the extent permitted by applicable law.

Information regarding prices and availability on the website is subject to change without notice.

5. Purchase procedure

Orders are accepted via the internet. The order submitted by the Customer shall be binding on VPG Value Performance Group s.r.l. only if the entire order procedure has been completed regularly and correctly, without any error messages being displayed by the website.

During registration, the following fields must be completed, failing which the order cannot be processed: recipient’s name and surname, delivery address of the goods, telephone number, email address, any intercom name and the time slots during which delivery can be made.

If delivery is impossible due to the absence of a recipient, the Customer shall be charged the “storage management” costs requested by the carrier.

The purchaser is prohibited from entering false, invented or fictitious data during the registration procedure required to activate the process for the execution of this sales agreement and related further communications. The personal details and email address must be exclusively the purchaser’s own true personal data.

If an invoice is requested, the Customer must expressly request it and complete all the necessary fields provided in the form available on the website.

6. Order confirmation

The Customer shall receive confirmation of the order placed at their email address, including a summary of the products, the relevant prices and the general and specific conditions applicable to the order.

VPG Value Performance Group s.r.l., in the event of unforeseen and justified logistical or organisational difficulties, may cancel the order by notifying the Customer by email or, subject to agreement with the Customer, modify its contents.

7. Sale of wines and alcoholic beverages

The sale of wines and alcoholic beverages is permitted exclusively to Customers who have reached the minimum age required by the applicable laws of the country of purchase and/or delivery.

By placing an order containing wines or alcoholic beverages, the Customer declares that they have the legal age required to purchase such products and that they provide true and complete information.

VPG Value Performance Group s.r.l. reserves the right not to accept, to suspend or to cancel orders relating to wines or alcoholic beverages where there are doubts regarding the purchaser’s age, the accuracy of the information provided, the possibility of delivery to the destination country or compliance with applicable laws.

The Customer is responsible for verifying that the import, receipt and consumption of wines or alcoholic beverages are permitted in their country or area of destination. Any restrictions, prohibitions, taxes, authorisations or charges required by local authorities shall remain the responsibility of the Customer.

8. Liability

VPG Value Performance Group s.r.l. guarantees compliance with the quality standards relating to the products only up to the moment of delivery to the place indicated by the Customer.

VPG Value Performance Group s.r.l. shall not be responsible in any way for information, data or any technical or other inaccuracies that may be contained on any website other than this one.

9. Jurisdiction

Any and all disputes arising in relation to the application, interpretation and performance of these General Terms and Conditions of Sale shall be mandatorily referred to the court of the place of residence or domicile of the consumer, if located within the territory of the Italian State.

Legal Notice

The content of the Website, including, among other things, the texts and images contained therein and their arrangement within the Website, unless otherwise indicated, is copyrighted property of VPG Value Performance Group s.r.l.

Copyright 2020 – VPG Value Performance Group s.r.l.; all rights reserved.

Access to and use of the Website are subject to the following Terms and Conditions and to the laws in force. By accessing and browsing the Website, the user accepts without limitation or reservation the Terms and Conditions set out below.

Use of the website

Everything displayed or read on the Website must be considered protected by copyright and may be used exclusively in accordance with the procedures indicated in the Terms and Conditions or as specifically indicated in the sections of the Website.

Liability and warranty

VPG Value Performance Group s.r.l. provides no warranty and is therefore not responsible for the content, completeness and accuracy of the listings and information published on the Website by affiliated operators.

The material published on this Website comes from various sources, and therefore the Website may contain technical inaccuracies and/or transcription errors.

VPG Value Performance Group s.r.l. undertakes to keep the Website as up to date as possible but provides no warranty as to the accuracy of its content. Subject to the application of mandatory legal provisions, VPG Value Performance Group s.r.l. assumes no responsibility for any errors or omissions within the Website.

VPG Value Performance Group s.r.l. may under no circumstances be held liable for damages or losses of any kind that the user claims to have suffered as a result of the malfunctioning of any service offered by the Website and/or the failure to receive information and/or the inaccuracy or incompleteness of such information.

Images

All texts, images, files and artistic works appearing on this Website, unless otherwise indicated, are the property of VPG Value Performance Group s.r.l. and are published in full compliance with applicable laws. The use of such images for purposes unrelated to this Website is strictly prohibited.

The contents of the Website may therefore not be copied, reproduced, transferred or distributed without the prior written consent of VPG Value Performance Group s.r.l.; saving them on one’s own computer and/or printing the pages for personal use is excluded.

Trademarks and logos

The trademarks and logos appearing on this Website are registered and are the property of VPG Value Performance Group s.r.l. No element contained on this Website shall be understood or interpreted as granting any licences or rights to use the trademarks displayed on the Website. Trademarks and logos may not be used and/or referred to in any way on websites other than this one without the prior written consent of VPG Value Performance Group s.r.l.

Revision clause

VPG Value Performance Group s.r.l. reserves the right to revise these Terms and Conditions of use of the Website at any time. VPG Value Performance Group s.r.l. also reserves the right to modify the Website, at its sole discretion, in any way and/or at any time without notice.

Applicable law

The content of this Website shall be interpreted and governed by Italian law.