Terms of service
OVERVIEW
Welcome to Divinalux Winery, operated by Devoto Società Agricola. The terms “we”, “us”, and “our” refer to Divinalux Winery. We operate this website and online store, including all related content, tools, products, and services (collectively, the “Services”), to provide a curated and premium purchasing experience.
Our store is hosted on Shopify, which provides the e-commerce platform that enables us to offer our Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and obligations when using the Services. By accessing, browsing, or purchasing from our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you must refrain from using the Services.
ACCESS, ACCOUNT & LEGAL DRINKING AGE
By using the Services, you confirm that you are of legal drinking age in your country of residence. Divinalux Winery does not sell or ship alcoholic beverages to minors.
You acknowledge that the purchase and importation of alcohol may be restricted in certain jurisdictions. It is your responsibility to ensure that ordering wine from Italy is legal in your destination country or region. We reserve the right to cancel orders where shipment is prohibited or restricted by law.
To place an order, you may be required to provide personal, billing, and shipping information. You represent that all information provided is accurate, complete, and lawfully supplied.
OUR PRODUCTS
Our wines are agricultural and artisanal products. Natural variations between bottles, vintages, or labels are inherent and do not constitute defects.
We strive to display products accurately; however, colors, packaging, and appearance may vary depending on screen settings or production batches.
All product descriptions, availability, and pricing are subject to change without notice. We reserve the right to limit quantities or discontinue products at our discretion.
ORDERS
Submitting an order constitutes an offer to purchase. Orders are accepted only once payment has been successfully processed and an order confirmation has been issued.
We reserve the right to refuse, limit, or cancel orders, including where legal, regulatory, or logistical constraints apply to alcohol shipping.
Purchases are governed exclusively by our Return & Replacement Policy [LINK], which forms an integral part of these Terms.
All purchases are intended for personal consumption only and not for resale, redistribution, or commercial export.
PRICES, TAXES & BILLING
Prices are shown at the time of purchase and confirmed in your order confirmation email.
Unless expressly stated, prices do not include:
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shipping and handling costs
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customs duties
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import taxes
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excise duties or alcohol taxes imposed by the destination country
For EU cross-border shipments, alcohol excise duties may be payable in the destination Member State, depending on local regulations. Any such charges are the sole responsibility of the customer.
You authorize us to charge your selected payment method and confirm you are legally entitled to use it.
CROSS-BORDER SHIPPING & DELIVERY
Divinalux Winery ships wine from Italy to selected destinations within the European Union and, where permitted, internationally.
Important Alcohol Shipping Disclosure
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Alcohol shipments are subject to national and local laws of the destination country
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Customs authorities may inspect shipments
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Additional documentation, duties, or taxes may apply
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Delivery delays due to customs or regulatory controls are beyond our control
Delivery times are estimates only and not guaranteed.
Risk of loss transfers to you once the shipment is handed to the carrier, except where mandatory consumer law provides otherwise.
RETURN & REPLACEMENT POLICY
Wine is classified as a perishable good. Under Article 16 of Directive 2011/83/EU, the right of withdrawal does not apply. Refunds are not offered.
In accordance with Directive 1999/44/EC, Directive (EU) 2019/771, and Italian consumer law, remedies for non-conforming goods may include replacement only, subject to verification.
Damage During Transport
If your order arrives damaged, you must notify us immediately upon delivery and provide clear photographs of:
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the damaged bottle
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the original shipping box
A replacement bottle will be issued only after the unopened items are returned and the claim is verified.
Corked or Defective Wine
If a bottle has been opened and is believed to be corked or defective, it must be returned in its original bottle for inspection. Following evaluation, a replacement may be issued at our discretion.
Requests must be submitted within 14 days of purchase.
Items returned without prior authorization will not be accepted.
INTELLECTUAL PROPERTY
All content on the Services, including trademarks, text, images, videos, logos, and design elements, is the exclusive property of Divinalux Winery or its licensors and is protected by applicable intellectual property laws.
Use of the Services is permitted solely for personal, non-commercial purposes.
THIRD-PARTY LINKS & TOOLS
The Services may include links or tools provided by third parties. We are not responsible for third-party content, accuracy, or practices. Accessing third-party services is at your own risk.
RELATIONSHIP WITH SHOPIFY
Divinalux Winery uses Shopify as its e-commerce platform. All sales are made directly with Divinalux Winery. Shopify bears no responsibility for transactions or disputes arising from your purchases.
PRIVACY & DATA PROTECTION
Personal data is processed in accordance with our Privacy Policy [LINK], the GDPR (EU Regulation 2016/679), and Shopify’s Privacy Policy.
FEEDBACK
Any feedback you submit may be used by Divinalux Winery for commercial or promotional purposes without compensation.
ERRORS & OMISSIONS
We reserve the right to correct errors or inaccuracies and to cancel orders affected by such issues.
PROHIBITED USES
You may not use the Services for unlawful purposes, including violations of alcohol laws, customs regulations, or consumer protection rules.
TERMINATION
We may suspend or terminate access to the Services at our discretion. Obligations incurred prior to termination survive.
DISCLAIMER OF WARRANTIES
Except as required by mandatory law, products and Services are provided “as is” and “as available.”
Nothing in these Terms limits statutory consumer rights under EU or Italian law.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, Divinalux Winery shall not be liable for indirect or consequential damages.
This does not exclude liability that cannot be limited under EU or Italian law.
INDEMNIFICATION
You agree to indemnify Divinalux Winery against claims arising from your breach of these Terms or violation of applicable laws.
SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain valid.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Divinalux Winery.
ASSIGNMENT
You may not assign your rights without our consent. We may assign our rights without restriction.
GOVERNING LAW & JURISDICTION
These Terms are governed by the laws of Italy.
Jurisdiction lies with the courts of Ravenna, Italy, without prejudice to mandatory EU consumer protections.
CHANGES TO TERMS
We may update these Terms periodically. Continued use of the Services constitutes acceptance of any updates.
INFORMATION
Divinalux Winery
Devoto Società Agricola
Via Caduti di Crivellari 50
48025 Riolo Terme (RA)
Italy
VAT: IT02466650393
REA: RA-204586