GENERAL TERMS AND CONDITIONS OF SALE

In this section you will find all the legal information governing access to and use of the Bottle of Italy SRL Shop.

Access to and use of this Website, as well as the purchase of Bottle of Italy products, imply the reading, knowledge and acceptance of the following General Terms and Conditions of Sale.

We therefore invite you to access this section regularly in order to check, before making any purchase, the publication of the most recent and updated General Terms and Conditions of Sale of www.bottleofitaly.com

I. SCOPE OF APPLICATION

1) These General Terms and Conditions of Sale (“Terms”) govern the sale of products and services through the Website and form an integral part of every sales contract (“Contract”) concluded via the internet between:

  • Bottle of Italy SRL – VAT/Tax Code 02681440398; REA RA-222949 – Via Robert Falcon Scott 82, 48125 Ravenna (RA) - Italy

- The Seller -

  • and any party purchasing products or services from the Website www.bottleofitaly.com (the “Website”)

- The Customer -

2) Any purchase Order for products from Bottle of Italy is governed by these Terms, without prejudice to the Seller’s right to apply different and specific conditions.

The applicable Terms are those in force at the time an Order is placed.

3) Bottle of Italy reserves the right to amend these General Terms and Conditions of Sale at any time, without prior notice.

4) These Terms do not govern the sale of products or the provision of services by parties other than the Seller, which may be present or referred to on the Website through links, banners or other connections.

With regard to such sales or provision of services, any liability of the Seller is therefore excluded.

II. ORDERS

5) Before confirming their Order, the Customer undertakes to read these Terms and accept them by ticking the appropriate checkbox.

By placing an Order through the Website, the Customer guarantees both that they have the legal capacity required to enter into legally binding contracts and that they are at least 18 years old.

Customers placing Orders through the Website accept the Terms and Conditions as set out below.

6) The Seller offers its products for sale within the limits of stock available at the time of the purchase Order. Orders may be subject to minimum or maximum quantity limitations.

7) The Customer may purchase only the products available in the Website’s electronic catalogue at the time the Order is submitted, as described in the relevant information sheets.

The product information available on the Website, such as technical specifications, images, dimensions or compatibility details, is not binding and may be subject to change at any time.

8) The technical steps required to place an Order are clearly shown in the sequence of pages on the Website, through explanatory text and graphics.

9) By clicking on “Confirm Order”, the Customer will submit to Bottle of Italy a contractual purchase proposal concerning the items contained in the Cart.

Receipt of the Order does not constitute acceptance of the contractual purchase proposal.

10) In order to complete the Order, the following formalities must be successfully completed:

a) reading and acceptance by the Customer, by means of “point and click”, of these Terms;

b) electronic completion by the Customer — by entering all requested data — of the Order Form, which contains a summary of the essential characteristics of each selected product or service and its price; the payment method chosen by the Customer; the delivery methods for the purchased products; shipping and delivery times and costs; the conditions for exercising the Customer’s right of withdrawal and for the application of the legal guarantee of conformity; the methods and time limits for returning purchased products;

c) payment to the Seller of the price of the product(s) purchased by the Customer, including shipping and delivery costs;

d) automated electronic forwarding of the aforementioned Order Form to the Seller;

e) electronic receipt by the Seller of the aforementioned Order Form.

Placing the Order entails the Customer’s express acknowledgement of the obligation to pay.

11) Correct receipt of an Order is confirmed by Bottle of Italy by email to the email address provided by the Customer.

This confirmation is generated automatically by the system and cannot in itself be considered acceptance of the Order, but only confirmation of its receipt.

The confirmation email repeats all the data entered by the Customer, who undertakes to verify its accuracy and promptly communicate any corrections.

12) Following receipt of an Order, Bottle of Italy will verify the availability of the ordered products and, only after such verification, will communicate its acceptance of the Order by sending the Customer the Order acceptance Receipt.

The Contract is concluded when the Customer receives acceptance of the Order in the form of a Receipt sent by Bottle of Italy, or, in the absence of such acceptance, upon delivery of the items covered by the Order.

Once the Order acceptance Receipt has been sent to the Customer, it will no longer be possible to modify or cancel the Order, without prejudice to the right of withdrawal under the terms and conditions set out in Section VI of these Terms.

13) If Bottle of Italy is unable to process an Order received, it will promptly notify the Customer, and in any case before sending the Order acceptance Receipt, except as provided for in Article 14, paragraph 2 below.

In any case, Bottle of Italy reserves, at its sole discretion, the right to refuse an Order, set purchase limits and require advance payment.

Each Contract shall concern exclusively the products expressly and specifically indicated in the purchase Order.

Any contractual or non-contractual liability arising from the non-acceptance of an Order is excluded.

14) The Seller shall have the right not to process purchase Orders placed in accordance with the preceding provisions if the Customer has not paid for the products; or if the Customer’s data are incomplete and/or incorrect; or if the ordered products are, even temporarily, unavailable.

If the Seller does not process a purchase Order placed by the Customer, the Seller will promptly inform the Customer by email and will refund any amount already paid by the Customer.

III. PAYMENT OF THE PRICE

15) The price of the ordered products is the price in force on the day the Order is placed and must be paid to the Seller pursuant to Article 10, letter c) above.

Shipping costs are not included in the purchase price, but are indicated and calculated at the time the Order is concluded and before payment is made.

Unless otherwise stated, all prices indicated on the Website are to be understood as including VAT.

Bottle of Italy reserves the right to change prices at any time, without prior notice, unless the Customer’s Order has already been confirmed by the Seller pursuant to Article 12.

In the event of a price change after the Customer has submitted the Order and before confirmation by the Seller, the Seller will promptly notify the Customer by email of the new price, which the Customer may accept or refuse and consequently withdraw from the Order without any additional cost.

Acceptance of the change must be communicated to Bottle of Italy by email within 7 days of the communication thereof. Otherwise, the change shall be deemed tacitly refused and the Order shall be considered cancelled.

16) The Customer may pay for the ordered products using one of the payment methods indicated on the Website.

In the case of payment by credit card, the purchase amount will be charged to the Customer after the Order has been completed on the Website.

In the case of cash payment, the Order amount will be charged to the Customer upon delivery of the products.

In the case of payment by bank transfer, the Customer will receive the bank details attached to the Order Form: the Order will be processed only after the Seller has received the credited amount.

The relevant financial information will be managed exclusively by the payment networks or credit institution.

The above information may be used by the Seller solely to complete the procedures relating to payment for the products or services, or to issue refunds following the Customer’s exercise of the right of withdrawal referred to in Section VI of these Terms.

IV. SHIPPING AND DELIVERY OF PRODUCTS

17) Orders are processed from 9:00 a.m. to 5:00 p.m., Monday to Friday. Orders placed after 5:00 p.m. on Friday will be processed the following Monday.

Unless otherwise provided in the Order Form, Bottle of Italy will ship the products purchased by the Customer by courier to the address indicated by the Customer, indicatively within 24 working hours from acceptance of the Order.

Delivery shall take place no later than 30 days from acceptance of the Order.

Bottle of Italy assumes no liability for disruptions attributable to force majeure or unforeseeable circumstances, including those resulting from malfunctions or disruptions of the internet network, if it is unable to execute the Order within the time limits provided for in the Contract.

18) If the purchased products are to be delivered outside the national territory, the Customer shall be responsible for the payment of any import charges and taxes, as well as any customs duties and fees required by the regulations in force in the destination territory of the products.

19) The courier is responsible for delivery. Bottle of Italy undertakes to collect any reports of non-delivery or delayed delivery of products.

20) Any damage to the packaging and/or products, or any mismatch in the number of packages or indications, must be immediately reported to the courier by means of a specific note on the delivery document.

By signing the delivery document and in the absence of the above-mentioned objections, the Customer certifies the actual material integrity of the products and the conformity of the delivery.

The circumstances referred to in paragraph 1 of this article must be reported to the Seller by email within 8 days of delivery, attaching the invoice, if issued, and the Customer’s copy of the courier waybill.

V. INVOICING

21) The Seller will issue an invoice for each Customer who has requested it and who, for this purpose, has entered their tax code and VAT number in the appropriate Order Form. The information provided by the Customer at the time of the Order shall be deemed valid for this purpose.

No invoice may be issued after the Order Form has been submitted, unless requested at the time the Order itself is placed.

No changes to the invoice will be possible after it has been issued.

When placing the Order, it is necessary to indicate whether the shipping address is different from the billing address.

If the Customer decides not to enter their tax code or VAT number, Bottle of Italy will not issue an invoice.

VI. RIGHT OF WITHDRAWAL AND RETURNS

22) Except as provided for by Article 59 of Legislative Decree No. 206/2005, for purchases of machines and/or accessories, or other products, made through the Website, it will always be possible to exercise the right of withdrawal, in accordance with the provisions of law, within 14 days from delivery of the products, by contacting the Seller for return instructions.

The goods must be returned, at the Customer’s care and expense, within 14 days from the date on which the Customer communicated to Bottle of Italy their decision to withdraw.

In the case of opened and/or partially used products, the right of withdrawal does not apply and Bottle of Italy will inform the Customer by email. In this case, the Customer may request the Seller, by email, to return the purchased products at the Customer’s own expense. Otherwise, the Seller reserves the right to retain both the products and the amount corresponding to the purchase of the products themselves.

Bottle of Italy will only accept returns of goods in perfect condition and in their original packaging, accompanied by the relevant purchase invoice or, if unavailable, the relevant Order acceptance Receipt.

In the case of service contracts, the withdrawal period ends after 14 days from the day the contract is concluded in the forms referred to in Article 12 above.

In the event of missing products after delivery has taken place, it is necessary to promptly notify Bottle of Italy through one of the designated channels, email and/or WhatsApp, within and NO LATER THAN 7 days from receipt of the shipment.

23) Except for exceptional derogations, returns of any food products purchased on the Website, such as capsules, biscuits, coffee and sugar, will not be accepted.

24) Except as provided in the preceding provisions, once the products have been returned, Bottle of Italy will refund the amount actually paid by the Customer, using the same payment method chosen by the Customer at the time of purchase.

In the case of payment by bank transfer, the Customer must provide the Seller with the relevant bank details necessary to issue the refund bank transfer.

If there is no correspondence between the recipient of the products indicated in the Order Form and the person who made the payment of the amounts due for their purchase, the refund of the amounts resulting from the withdrawal will be made by the Seller to the person who made the payment.

The refund of the price paid by the Customer for the purchase of the products includes the shipping costs incurred at the time the Order was placed.

VII. WARRANTY

25) All products sold by Bottle of Italy, other than food products, are covered by the statutory warranties.

26) The warranty consists of the replacement, at the Seller’s care and expense, of defective, incorrect or damaged products; or, where replacement of the products is impossible or excessively burdensome for the Seller, the warranty shall consist of an appropriate price reduction; or, alternatively, termination of the contract, where the degree of non-conformity of the product is such that a mere price reduction would not be acceptable.

In the case of defective, incorrect or damaged products, the Customer shall promptly contact the Seller, and in any case no later than the deadline referred to in Article 27, by email at info@bottleofitaly.com, indicating the issue encountered.

The aforementioned written communication must be accompanied by photographic material proving the originality of the packaging, cardboard inserts, as well as the products received.

In the case of defective products, in addition to the communication referred to in the second paragraph of this article, the Customer is required to keep and return to the Seller the bottles purchased with at least ¾ of their contents and with the relevant original caps properly sealed. Once the goods have been received and the defect verified, the Seller will replace or refund the returned product.

27) The warranty is subject, under penalty of forfeiture, to notification of the defect or lack of quality within 2 months from the time the Customer received the purchased products.

28) The warranty shall in any case lose all effect if the products have been modified by the Customer.

VIII. APPLICABLE LAW AND COMPETENT COURT

29) These General Terms and Conditions of Sale and the Contract are governed by Italian law, without prejudice to the provisions of the 1980 Vienna Convention.

30) Any dispute arising from the application of these Terms or from the Contract shall be submitted to the jurisdiction of the Italian courts, in accordance with the applicable Italian legislation.

IX. WINE VINTAGE DIFFERENT FROM THE ONE ORDERED

31) If a bottle of wine from a specific vintage is out of stock, the same bottle from the following vintage will be shipped.

X. PRODUCT LABEL DIFFERENT FROM THE ONE DISPLAYED ON THE WEBSITE

32) Product images are intended for illustrative purposes only and may not fully reflect the characteristics of the product or the latest graphic versions of product labels, as producers reserve the right to modify them at any time without notice.

XII. CONFIRMATION OF RECEIPT OF THE ORDER AND RELATED ACCEPTANCE

33) Bottle of Italy will immediately confirm receipt of the Order by sending an email containing the identification number assigned to the Order. Such confirmation shall not constitute acceptance of the Order, but merely confirmation that it has been received, except as set out below.

Acceptance of the Order occurs only when Bottle of Italy sends the Customer an email containing the notice that shipment has taken place.

XIII. FALSE, DEFAMATORY AND PRETEXTUAL REVIEWS

34) Dear buyers are hereby informed that, should they, following their online purchase, publish false, defamatory and pretextual reviews on the various platforms intended for this purpose, such reviews may be subject to reports and/or legal complaints before the competent authorities.