Terms and Conditions of Sale and Website Use

Last updated: 26 August 2026

1. Seller identity

The websites www.divesvinum.it, www.divesvinum.com and their localised versions are operated by:

Dives S.r.l.
Registered office: Via Luciano Manara 34 – 20855 Lesmo (MB), Italy
Italian Tax Code and VAT number: IT10188010960
Companies Register of Milan Monza Brianza Lodi
REA number: MB-2512720
Share capital: €10,000.00
Telephone: +39 334 916 8065
Email: marketing@divesmilano.com

“Dives Vinum” is the trading name used by Dives S.r.l. to sell its products and services.

Shopify provides the technology platform used by the store, but the sale contract is entered into directly between the customer and Dives S.r.l.

2. Scope

These Terms govern:

• access to and use of the website;

• the creation and use of customer accounts;

• online purchases of products;

• purchases of tickets for tastings and events;

• the purchase and use of Gift Cards;

• any other services expressly offered through the website.

The following form an integral part of these Terms:

• the Shipping Policy;

• the Returns, Cancellation and Refund Policy;

• the Privacy Policy;

• any specific conditions stated on a product, event or promotion page.

In the event of a conflict, mandatory applicable law takes precedence, followed by any specific conditions disclosed before purchase.

Purchases made through eBay, Catawiki or other third-party platforms are also subject to the terms of the relevant platform. These Terms apply to such purchases only where expressly incorporated.

3. Consumers and business customers

A “consumer” is an individual purchasing for purposes outside their trade, business, craft or profession.

A “business customer” is a person purchasing in the course of their business or for resale.

Statutory consumer protections apply only to customers who meet the relevant legal definition. Any specific B2B conditions must be agreed in writing with Dives S.r.l.

4. Minimum age and sale of alcoholic beverages

Orders may be placed only by adults with the legal capacity to enter into a contract.

By purchasing an alcoholic beverage, the customer confirms that:

• the purchaser is at least 18 years old;

• the recipient has reached the minimum legal age in the country of delivery;

• the purchase and receipt of the product are permitted under applicable law.

Dives S.r.l., its payment providers or the carrier may request proof of identity and may refuse an order or delivery where age cannot be verified.

If delivery cannot be completed because of false information, the absence of an adult recipient or failure to verify age, documented shipping, storage and return costs may be deducted from the refund to the extent permitted by law.

Purchasing alcoholic beverages on behalf of a minor is prohibited.

5. Accounts and customer information

Customers must provide accurate, complete and current information, particularly for billing, payment and delivery.

Customers are responsible for keeping their login credentials confidential and must promptly notify Dives S.r.l. of any unauthorised access or suspected account compromise.

Accounts are personal and may not be sold, transferred or used to impersonate another person.

Dives S.r.l. may temporarily suspend an account where reasonably necessary for security, fraud prevention or investigation of a breach of these Terms.

6. Products and vintage bottles

Dives S.r.l. takes reasonable care to describe its products and services accurately. Images and colours may nevertheless appear slightly different depending on the customer’s screen and settings.

Where a photograph expressly represents the individual bottle offered for sale, that photograph forms part of the product description. In other cases, images may be illustrative and minor differences in labels or packaging may occur.

By their nature, vintage and collectable bottles may display:

• variations in fill level;

• sediment or colour variation;

• wear to the label;

• marks on the capsule, closure or original packaging;

• other features consistent with the age of the product.

Relevant conditions are described or documented, where possible, on the product page. By purchasing a vintage bottle, the customer accepts the characteristics clearly shown or described without waiving any rights concerning undisclosed defects or lack of conformity.

The organoleptic development of an aged bottle may vary and cannot be assessed solely by reference to personal taste. Suspected faults, including cork taint, will be handled under the Returns, Cancellation and Refund Policy and applicable law.

After delivery, customers are responsible for storing products appropriately. Dives S.r.l. is not responsible for deterioration caused after delivery by unsuitable temperature, light, humidity, impact or storage conditions.

7. Availability and quantity limits

Displaying a product on the website does not guarantee availability until the order is confirmed.

Many bottles are available as single items and stock may be synchronised across multiple sales channels. Exceptional simultaneous sales or stock errors may therefore occur.

If a product becomes unavailable after an order is placed, Dives S.r.l. will promptly inform the customer and fully refund the amount paid for the unavailable product.

Dives S.r.l. may impose quantity limits by customer, household, address, payment method or event. These limits will be shown on the product page, in the basket or during checkout.

Multiple orders placed to circumvent a clearly disclosed limit may be refused or cancelled, with a refund of the amounts paid.

Orders intended for resale or commercial export require the express acceptance of Dives S.r.l. and may be subject to separate B2B conditions.

8. Contract formation and order acceptance

Products displayed on the website constitute an invitation to place an order.

Before submitting an order, customers can review and correct products, quantities, addresses and other information through the basket and checkout.

Submitting an order constitutes an offer to purchase. The contract is concluded when payment has been completed or authorised and Dives S.r.l. sends the order confirmation.

A message that merely acknowledges technical receipt or states that payment remains pending does not constitute acceptance.

Before acceptance, Dives S.r.l. may refuse an order for legitimate reasons, including:

• failure to authorise payment;

• product unavailability;

• incomplete or manifestly incorrect information;

• breach of a quantity limit;

• legal or operational inability to ship to the requested destination;

• reasonable suspicion of fraud or unlawful use.

After confirmation, Dives S.r.l. may cancel an order only for an objective reason that arose later or could not reasonably have been identified earlier, including physical unavailability, legal restrictions, a manifest pricing error or a well-founded suspicion of fraud. The customer will be informed and all amounts no longer due will be fully refunded.

Customers should check their confirmation and promptly report any errors. Dives S.r.l. cannot guarantee that an order already being prepared can be amended or cancelled, without prejudice to statutory cancellation and other legal rights.

9. Prices, taxes, promotions and payments

The applicable price is the price displayed before the order is submitted.

For purchases delivered within Italy and the European Union, consumer prices include VAT and any other taxes that Dives S.r.l. is required to collect, unless applicable law permits otherwise.

Before confirmation, the checkout separately displays:

• applicable shipping charges;

• discounts;

• any additional taxes or charges collected directly by Dives S.r.l.;

• the total amount payable.

Deliveries outside the European Union may be subject to customs duties, excise duties, import taxes or administrative charges imposed by the destination country and not collected by Dives S.r.l. These charges are governed by the Shipping Policy.

Prices may change at any time, but changes do not affect contracts already concluded.

Promotions and discount codes are subject to their disclosed conditions and may not be combined unless otherwise stated. They cannot be applied retrospectively to confirmed orders.

In the event of a manifest and recognisable pricing error, Dives S.r.l. will contact the customer and offer the choice of confirming the purchase at the correct price or cancelling it for a full refund.

Payments are processed through the methods displayed at checkout. Customers confirm that they are authorised to use their chosen payment method.

Any currency conversion or fee independently charged by a bank or card issuer is outside the control of Dives S.r.l.

Customers requiring an invoice must provide complete and accurate tax information during checkout or within the period permitted by tax law. Changes to validly issued tax documents cannot be guaranteed unless required by law.

10. Shipping, delivery and transfer of risk

Available destinations, charges, indicative times and delivery arrangements are described in the Shipping Policy.

Customers must provide a complete address and cooperate reasonably with the carrier.

For consumer purchases, the risk of loss or damage passes to the consumer when the consumer, or a third party nominated by them other than the carrier, takes physical possession of the products.

Risk instead passes upon delivery to the carrier where the carrier was independently selected and commissioned by the consumer and that option was not offered by Dives S.r.l.

Where weather conditions could damage the products, Dives S.r.l. may propose a reasonable postponement of shipment.

Customs delays, severe weather, strikes or other uncontrollable events do not remove any mandatory consumer rights concerning delivery.

11. Returns, cancellation and legal guarantee

Cancellation rights, return arrangements and refunds are governed by the Returns, Cancellation and Refund Policy.

Products sold to consumers are covered by the statutory legal guarantee of conformity provided under applicable law.

This legal guarantee is not excluded or replaced by any manufacturer’s warranty.

For second-hand products or categories subject to specific rules, any different guarantee period or condition will be disclosed before purchase and will never be less favourable than the mandatory legal minimum.

12. Tastings and events

The event page states the essential information concerning its date, location, time, programme and price.

Tickets for events or leisure activities scheduled for a specific date are not subject to the statutory 14-day cancellation right where the law provides an exemption.

Dives S.r.l. nevertheless voluntarily offers a refund where cancellation is notified at least 72 hours before the scheduled start, in accordance with the Returns, Cancellation and Refund Policy.

The nature of tastings, particularly those involving rare or vintage bottles, may require a bottle to be replaced because of breakage, unavailability or a fault discovered when opened. Dives S.r.l. will make reasonable efforts to provide a substitute of comparable quality, value or interest.

Minor programme changes or equivalent substitutions do not automatically entitle the customer to a refund. The rights stated in the Returns, Cancellation and Refund Policy apply to material changes, cancellation or rescheduling.

Participants must comply with safety rules and behave respectfully towards staff and other participants. Dives S.r.l. may refuse or stop serving alcohol and may remove anyone who:

• does not meet the applicable age requirement;

• refuses an identity check;

• is visibly intoxicated;

• behaves dangerously, aggressively or in a seriously disruptive manner;

• breaches event or safety rules.

Where removal results from a breach attributable to the participant, the ticket will not be refunded to the extent permitted by law.

13. Gift Cards

Unless otherwise stated on the product page, Dives Vinum Gift Cards:

• are valid for 12 months from issue;

• may be used online and at the specified physical stores;

• may be used for eligible products and events;

• cannot be exchanged for cash and do not provide cash change;

• retain any remaining balance until expiry.

A statement that a Gift Card is “non-refundable” does not restrict any statutory cancellation right applicable to an unused Gift Card purchased online or any other mandatory legal right.

After full or partial use, a Gift Card cannot be refunded in cash unless required by applicable law.

Gift Card codes must be kept secure. Dives S.r.l. is not responsible for unauthorised use not attributable to the company. If a Gift Card is lost, Dives S.r.l. may consider reissuing any unused balance after verifying the purchase and the claimant’s identity.

Refunds for products purchased with a Gift Card will normally be credited back to the same Gift Card or equivalent store credit, without prejudice to mandatory consumer rights.

14. Permitted use of the website

The website may be used only for lawful purposes.

Users must not:

• breach any law or third-party right;

• use another person’s identity, account or payment method without permission;

• introduce malware or attempt to compromise website security;

• circumvent purchase limits or anti-fraud systems;

• collect personal data without a lawful basis;

• systematically scrape or extract the catalogue using unauthorised automated tools;

• use website content for unauthorised commercial purposes;

• submit false, defamatory, unlawful or misleading content.

Dives S.r.l. may take proportionate measures to prevent or stop such use.

15. Intellectual property and user content

Text, photographs, graphics, logos, videos, website structure and other content are owned by Dives S.r.l. or used under licence or permission.

Trademarks and content belonging to producers, Shopify or other parties remain the property of their respective owners.

Content may not be reproduced, distributed or commercially exploited without authorisation, except where permitted by law.

Customers retain ownership of reviews and other content they submit. By publishing such content, they grant Dives S.r.l. a non-exclusive, royalty-free licence, lasting for the duration of the relevant rights, to display, moderate and promote it in connection with DIVES activities.

Customers confirm that they hold the necessary rights and will not submit unlawful content or content that infringes third-party rights. Dives S.r.l. may remove unlawful, misleading, offensive or irrelevant content.

16. Third-party services and links

The website may integrate tools, payments, maps, content or links supplied by third parties.

Where customers voluntarily access an external website or service, the relevant provider’s terms and policies apply.

Dives S.r.l. does not control independent external services and is not responsible for their content or activities, except where applicable law nevertheless makes Dives S.r.l. responsible or where the third party acts on its behalf.

17. Privacy

Personal data is processed in accordance with the Privacy Policy and, where applicable, the notices of involved providers, including Shopify.

Acceptance of these Terms does not constitute consent to optional marketing, profiling or non-essential cookies.

18. Website availability and force majeure

Dives S.r.l. does not guarantee that the website will always be available or free from technical interruption, but takes reasonable steps to keep it operational and secure.

Maintenance, updates or temporary website suspension do not affect rights relating to confirmed orders.

Dives S.r.l. is not responsible for delays or failures caused by events outside its reasonable control, including natural disasters, public-authority measures, conflicts, widespread service interruptions, strikes, public-health emergencies or extreme weather.

In such circumstances, Dives S.r.l. will inform the customer as soon as reasonably possible. Any mandatory rights to terminate the contract and obtain a refund remain unaffected.

19. Liability

Nothing in these Terms excludes or limits the liability of Dives S.r.l. where exclusion or limitation is prohibited by law, including liability relating to:

• fraud, wilful misconduct or gross negligence;

• death or personal injury attributable to Dives S.r.l.;

• product liability;

• breach of the statutory legal guarantee;

• breach of personal-data obligations;

• mandatory consumer rights.

In dealings with consumers, Dives S.r.l. is responsible for losses that are a direct and reasonably foreseeable consequence of its breach.

Dives S.r.l. is not responsible for losses caused solely by incorrect information supplied by the customer, misuse, unsuitable storage after delivery or independent external services.

For business customers, to the extent permitted by law and except in cases of fraud, wilful misconduct or gross negligence, the total liability arising from an individual order will not exceed the amount paid for that order.

20. Account suspension and termination

Dives S.r.l. may suspend or close an account in the event of:

• a serious or repeated breach of these Terms;

• fraud or unlawful activity;

• a security compromise;

• misuse of promotions or quantity limits;

• a legal or regulatory requirement.

Where possible, customers will be informed of the reason.

Suspension or closure does not affect confirmed orders, refunds due or accrued rights, unless the relevant order is itself fraudulent or unlawful.

21. Changes to these Terms

Dives S.r.l. may update these Terms for legal, technical or operational reasons.

Changes apply to orders placed after publication. Contracts already concluded remain subject to the Terms in force at the time of purchase, unless a change is required by law or expressly agreed by the parties.

The version and latest update date are shown at the beginning of this document.

22. Governing law and jurisdiction

These Terms are governed by Italian law.

For consumers, this choice does not remove any mandatory protection available under the law of their country of habitual residence where applicable.

Consumers may bring proceedings before the courts having jurisdiction under applicable law and retain any right to use the courts of their place of residence or domicile.

For disputes with business customers, the courts of Monza, Italy, have exclusive jurisdiction unless mandatory law provides otherwise.

23. Complaints and alternative dispute resolution

For complaints or requests concerning an order, customers may contact:

marketing@divesmilano.com

Customers should include their order number and a complete description of the issue.

Dives S.r.l. will attempt to resolve complaints directly with the customer.

Where applicable, consumers may also contact an officially recognised alternative dispute resolution body. Dives S.r.l. will participate where required by law or expressly agreed.

Using an alternative dispute resolution procedure does not restrict the right to bring proceedings before a competent court.

24. Final provisions

If any provision is found to be invalid or unenforceable, the remaining provisions remain effective. The invalid provision will be applied or replaced to the extent permitted by law and consistently with its purpose.

Failure to exercise a right does not constitute a waiver.

Dives S.r.l. may transfer the contract or part of its business only where this does not reduce the consumer’s rights. Customers will be informed where required by law.

Language versions of these Terms are intended to have equivalent content. Consumers may rely on the version made available in the language used during checkout.

For questions concerning these Terms:

Dives S.r.l.
Via Luciano Manara 34
20855 Lesmo (MB), Italy
Telephone: +39 334 916 8065
Email: marketing@divesmilano.com