Terms of Use

Last updated on October 2024

1.Introduction

Welcome to the Tenute Ruffino websites www.ruffino.it (“Ruffino Site”) and www.wineclub.ruffino.it (“Wine Club Site” and, together with Ruffino Site, the “Websites”). The Websites are the property of and are operated by Tenute Ruffino S.r.l. Società Agricola, a company under the direction and coordination of Constellation Brands Inc., with registered office in Via Poggio al Mandorlo 1, Loc. Quarate, Bagno a Ripoli (FI) — Italy, VAT number 13418020155, company Register Number FI-527229, e-mail address: tenuteruffino@ruffino.it, tel +39 055 6499711 (“Ruffino”, the “Owner”, “we”, “us” or “our”). We invite you to carefully review these Websites terms of use (“Terms of Use”) before continuing to access or using the Websites. These Terms of Use apply to all visitors to, or users of, the Websites. By accessing or using the Websites you confirm your acceptance of these Terms of Use and your agreement to be bound by them. If you do not accept these Terms of Use, do not use these Websites. Under these Terms of Use “User”, “you”, “your” and similar terms, both singular and plural, refer to you, the User.

Please note, these Terms of Use may have changed since you last reviewed them. We recommend that you print a copy of these Terms of Use for future reference.

We reserve the right to terminate or suspend your access or use of the Websites if either: (a) we reasonably consider that you have breached these Terms of Use, or (b) we consider it necessary to do so for security purposes.

2. Age requirements

In no event may children that are under the age of 18 use the Websites. You must also be of legal age for purchasing and consuming alcohol (e.g., in Italy, the UK, Switzerland and Austria this will be 18 years of age) to enter the Wine Club Site and possible sections of the Websites where it is possible to buy wine or other alcoholic beverages.

By using the Websites, you confirm to us that:

(a) you are of the required legal age according to the legislation applicable to you;

(b) you are using your actual identity; and

(c) the personal data that you have provided to us is true and accurate and that you shall maintain and promptly update such personal data to ensure a true and accurate record.

3. Proprietary content

All rights, titles and interests in and to the Websites and all of their content, including, but not limited to, its software or HTML code and other computer code contained therein, text, graphics, user interfaces, visual interfaces, scripts, artwork, photographs, images, designs, video, audio and written and other materials that appear as part of the Websites (collectively, “Content”) are owned by Ruffino or its licensors. All Content is protected by applicable intellectual property laws, including but not limited to copyright, patent and trademark laws, and other applicable European and international laws or treaty provisions on intellectual property rights.

It is expressly prohibited for the User to copy and / or download and / or share (except within the limits illustrated below), modify, publish, transmit, sell, sublicense, process, transfer / assign to third parties or create derivative works in any way from the Contents, including those of third parties, available on the Websites, nor to allow third parties to do so through the User or his device, even without his knowledge.

4. Trademarks and logos

All trademarks, trade names, logos, brand names and product names included on the Websites (“Trade Marks”) are the exclusive property of Ruffino or its licensors. These Terms of Use do not allow you to use the Trade Marks and we remind you that the use of the Trade Marks in any manner is strictly prohibited.

5. Your use of the Websites

You are permitted to use the Websites and the Content for your personal and non-commercial use only and always in compliance with these Terms of Use. Except as permitted by applicable law, you may not and may not permit, assist or allow any third party to:

(a) copy, reproduce, publish, transmit, distribute, broadcast, perform, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute the Websites or any Content, including but not limited to mirroring, framing or linking, to any other computer, server, web site;

(b) access or use the Websites or any Content for any commercial purposes, including any advertising or advertising revenue generation activity on your own web site;

(c) use any deep-link, page-scrape, robot, spider or any other automatic or manual processes to access, acquire, copy or monitor the Websites or the Content or any portion thereof, or in any way reproduce the structure or presentation of the Websites or any Content, or circumvent any copy protection devices, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Websites;

(d) attempt to access any portion or feature of the Websites you are not allowed to without authorization, or any other systems or networks connected to the Websites or any Ruffino server, by hacking, password mining or any other illegitimate means;

(e) use anyone else’s password or Account (as below defined) at any time without the express permission and consent of the holder of that password or Account;

(f) probe, scan or test the vulnerability of the Websites or any network connected to the Websites, nor breach the security or authentication measures on the Websites;

(g) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Websites, or any other customer, or exploit the Websites or any service or information made available or offered by or through the Websites, nor use the Websites or the Content for any unlawful purposes or for any purposes not allowed by these Terms of Use or solicit the performance of any illegal activity or other activity which infringes the rights of Ruffino or others;

(h) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Websites, or any systems or networks connected to the Websites;

(i) use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any transaction being conducted on the Websites, or with any other person’s use of the Websites.

6. Registration and account

Certain services or features offered on or through the Websites, such as through the Wine Club Site, may require you to register and open an account (“Account”). If you would like to create an Account, you will need to provide name, surname, country of residence, an e-mail address and password to access your Account. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account. You will be responsible for all activities that occur under your Account (including but not limited to any purchases of our products and services made through your Account) unless you notify us that your Account is being used by a third party without your consent.

We may terminate any Account you have with us and/or terminate or restrict your use of any part of the Websites at any time for any legitimate and compelling reason. Such reasons would include:

(a) your breach or violation of or failure to comply with these Terms of Use;

(b) any requests or orders by law enforcement or competent government authorities;

(d) unexpected technical or security issues; and

(e) when we no longer own the Websites.

Our termination and/or restriction of your Account or access to the Websites (in whole or in part) is without prejudice to any other rights and remedies that we or you are entitled to under these Terms of Use or at law.

In all cases where your Account is blocked, we will notify you at the email address you have provided us with.

7. Newsletter

A dedicated newsletter service is made available through the Websites (“Newsletter”). Receipt of our Newsletter is subject to subscription. You may subscribe the Newsletter by providing us with a valid email address, your consent to receive our news and marketing materials and to the related processing of your personal data provided, and clicking on the “Subscribe” button on the Websites. For more details on how personal information that you provide to us are processed for the purposes of providing you with our Newsletter, please see also our Privacy Policy, available here https://www.ruffino.it/pages/privacy-policy.

8. Privacy Policy and Other Terms

]When you buy products or services from, or otherwise use the Websites our Privacy Policy, available here https://www.ruffino.it/pages/privacy-policy, Cookie Policy, available herehttps://www.ruffino.it/pages/cookies-policy , Online Booking Terms, available here, Terms of Sale, available here or Wine Club Terms and Conditions, available here https://wineclub.ruffino.it/en/terms-and-conditions/ (collectively “Other Terms”) may apply. Moreover, when you buy products or services from, or otherwise use the Websites (e.g., subscribing to our Wine Club or the Newsletter above referenced), we may ask you to provide us with personal information about yourself.

Your privacy is important to us. We may collect and process your data in accordance with the privacy practices described in our Privacy Policy and Cookie Policy. Personal information that you provide to Ruffino through the Websites are also subject to our Privacy Policy.

By using the Websites, you acknowledge that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Websites may be unintendedly read or intercepted by others. This may be the case even if we inform you that a particular transmission (for example, credit card information) is encrypted. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

For more details on our policies and the other legal terms which may apply to you, please carefully review our Other Terms that are incorporated into these Terms of Use by reference. For further information you can also contact our Customer Service at the email or telephone number under the Section 15 - "Contact Us" - below.

Unless stated otherwise, these Terms of Use (including any Other Terms incorporated by reference) set out all of the terms and conditions agreed upon between us as to your access and/or use of the Websites and supersedes and extinguishes all previous proposals, agreements, representations and undertakings between us, whether written or oral, relating to this subject matter.

9. Link to third party’s Websites or content

The Websites may contain content created by third parties, information obtained from public sources and/or links to external web sites or webpages operated by third parties (the “Third Party Content and Websites”). Where our Websites contain links to Third Party Content and Websites, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Ruffino does not control or monitor such Third Party Content and Websites and is not responsible or liable for the accuracy, security or reliability of any Third Party Content and Websites. Access to any Third Party Content and Websites is at your own risk and Ruffino will have no liability to you for any loss or damage that you suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Content and Websites or caused by or in connection with any purchase of products or services available on or through any such Third Party Content and Websites.

10. Our liability to you

We will do everything possible to ensure that the Content of the Websites is accurate and does not contain any incorrect or out-of-date information, acting with due professional diligence during the whole time the Websites is available. However, we do not guarantee the accuracy, completeness, or fitness for a particular purpose of the Websites, nor do we guarantee that content of the Websites is non-infringing.

Furthermore, due to the nature of the Internet, Ruffino cannot guarantee that the Websites or any Content, service or feature of the Websites will be uninterrupted, or that any defects will be corrected, or that your use of the Websites will provide specific results. Ruffino has adopted all reasonable technical and organisational security measures to ensure that the Websites and the Contents are free from virus, and to protect the integrity of data and electronic communications in order to prevent unauthorised use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non confidential information regarding users of its Websites. However, provided Ruffino has carried out its activities with a due professional diligence, we shall not be deemed liable to you or anyone else for any loss and/or damage arising out of use of the Websites and/or the Content, including without limitation, liability for:

(a) any loss of or corruption to data,

(b) loss of or damage to your computer equipment,

(c) any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software.

Ruffino shall not be held liable for damages that are the consequence of events beyond its reasonable control (such as power outages, workers strikes, etc.).

Nothing in these Terms of Use will exclude or limit our liability to you for fraud or gross negligence, death or personal injury caused by our negligence, breach of terms regarding title implied under any Consumer law or regulation or any other liability which the applicable laws state may not be excluded or limited.

Where we (or our subsidiaries, affiliates, representatives, agents, officers, directors and employees) are found liable to you, you shall only be entitled to recover actual and direct damages (together with any recoverable costs or expenses).

11. Changes to this Websites, these Terms of Use and Other Terms

Provided that this will not impact your legal rights or obligations or result in changes that will be significant or onerous for you, we reserve the right to do any of the following for any reason at any time without informing you:

(a) modify, suspend or end the operation of or access to any part of the Websites or of the Content;

(b) modify or change any part of the Websites and its Content, and any of our policies or terms relating to this Websites;

(c) interrupt the operation of any part of the Websites to perform routine or non-routine maintenance, correct errors or make other changes; and

(d) deny or restrict anyone’s access to this Websites or any other Ruffino Websites or platform without notice or the need to provide any reason whatsoever.

In case of any change, suspension or restriction that may adversely affects your use of or access to the Websites or its Content, we will place a notice on this Websites and you may stop using the Websites and may optionally terminate any current subscriptions pertaining to the Websites.

Changes to our policies, these Terms of Use or our Other Terms may be due to the following reasons:

to adapt to new technologies;
to comply with new laws or regulations;
to respond to key changes in the agreements we have with others;
to prevent abuse or harm;
to address legal, regulatory, safety, or security issues.

In case of changes to these Terms of Use and Other Terms, you will be notified of the changes and the date they become effective by email to the address provided during registration or by placing a banner on our Websites. We thus invite you to check these Terms of Use and the Other Terms periodically. If you do not agree to any of these changes, you must discontinue the access or use of the Websites. By continuing the use of the Websites following the posting of changes you accept and agree to the changes.

12. Ineffectiveness and partial nullity

Should any clause of these Terms of Use prove to be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be conditioned by this and will remain fully effective.

13. Languages

The language of this Terms of Use is English. Other local translations may be available depending on the territories. In case of any discrepancy among different language versions, the local language version or, if not available, the English version shall prevail.

14. Governing law and competent court

For members having residence in the European Economic Area and Switzerland

These terms and conditions shall be governed by and will be interpreted in accordance with the laws of Italy; it being understood that if you are resident in a different Country, the mandatory rules of your Country of residence, in particular those of consumer protection, will still apply, irrespective of the applicable law of this document. Any dispute concerning the interpretation and/or execution and/or termination of these terms and conditions will be subject to the jurisdiction of the court of residence or domicile of the member.

For members having residence in UK

These terms are governed by English law and wherever you live you can bring claims against Ruffino in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against Ruffino in the courts of the country you live in. Ruffino can claim against you in the courts of the country you live in.

Mandatory consumer information on dispute resolution (for EU countries only)

Consumer information pursuant to Regulation (EU) No. 524/2013: Please note that for the purpose of settling consumer disputes out of court, the European Commission has established a platform for online dispute resolution (ODR). The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/.

Consumer information pursuant to the Consumer law on dispute resolution for consumers: You acknowledge that we have no obligation to participate in any dispute resolution proceedings before a consumer arbitration panel.

For members having residence in Germany

Consumer information pursuant to the German Consumer Dispute Resolution Act (VSBG): Ruffino is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

15. Contact Us

If you have any question or need any help in respect to the use of the Websites, the placement of an order, the tracking of products, the availability of products, the submission of a reservation form, the availability of experiences, the login/registration process and any further information you may need in connection with the use of our Websites and/or our products as well as experiences, please contact our Customer Service.

Our staff is available in English and Italian language Monday through Friday between the hours of 9am and 6pm CET (8am and 5pm GMT) with the exception of holidays:

Email: hospitality@ruffino.it

Phone (Monday through Friday between the hours of 9am and 6pm CET (8am and 5pm GMT) with the exception of holidays): [+39 3783050219]