Terms and conditions
GENERAL TERMS AND CONDITIONS OF SALE
In this section you will find all the legal information governing access and use of the Bottle of Italy S.r.l.s.
Access and use of this website, as well as the purchase of Bottle of Italy products, presuppose the reading, knowledge and acceptance of the following General Conditions of Sale.
We therefore invite you to regularly access this section to check, before making any purchase, the publication of the most recent and updated General Conditions of Sale of www.bottleofitaly.com
I. SCOPE OF APPLICATION
1) These General Conditions of Sale ("Conditions") govern the sale of products and services through the Site and form an integral part of each Sales Agreement ("Contract") that is concluded via the internet between:
- the Bottle of Italy S.r.l.s - P.I./C.F. 02681440398; REA RA-222949 - Via Robert Falcon Scott 82, 48125 Ravenna (RA) - Italy
- The seller -
- and any person who purchases products or services from the Site www.bottleofitaly.com (The site")
- The client -
2) Any Purchase Order for products at the Bottle of Italy is governed by these Conditions, without prejudice to the Seller's right to apply different and particular conditions.
The applicable Conditions are those in force at the time of placing an Order.
3) Bottle of Italy reserves the right to modify these General Conditions of Sale at any time, without prior notice.
4) These Conditions do not regulate the sale of products or the provision of services by parties other than the Seller, which are present or recalled on the Site through links, banners or other links.
In relation to such sales or supplies of services, any form of liability of the Seller is therefore excluded.
5) The Customer undertakes, before proceeding to confirm his Order, to read these Conditions and to accept them by affixing a check (flag) in the indicated box.
By placing an Order through the Site, the Customer guarantees both that he has the capacity to act necessary to conclude legally binding contracts, and that he is over 18 years old.
Customers who place Orders through the Site accept the Terms and Conditions as follows.
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 quantity limitations, minimum or maximum.
7) The Customer can only purchase the products in the electronic catalog of the Site at the time of placing the Order, as described in the relevant information sheets.
The information on the products on the Site, such as technical specifications, images, dimensions or compatibility details, are not binding and may be subject to change at any time.
8) The technical steps for placing an Order are clearly highlighted in the sequence of pages of the Site, through explanatory texts and graphics.
9) By clicking on "Confirm Order", the Customer will formulate a contractual purchase proposal to the Bottle of Italy concerning the items contained in the Cart.
Receipt of the Order does not constitute acceptance of the contractual purchase proposal.
10) To complete the Order, the following formalities must be completed:
a) reading and acceptance by the Customer, by means of "point and click", of these Conditions;
b) compilation in electronic format by the Customer - by entering all the required data - of the Order Form, which contains a summary of the essential characteristics of each selected product or service and its price; the means of payment for which the Customer has opted; the methods of delivery of 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 times for returning the purchased products;
c) payment, in favor of the Seller, of the price of the product (s) purchased by the Customer, including shipping and delivery costs;
d) automated electronic forwarding to the Seller of the aforementioned Order Form;
e) electronic receipt by the Seller of the aforementioned Order Form.
The execution of the Order involves the express acknowledgment by the Customer of the obligation to pay.
11) The correct receipt of an Order is confirmed by Bottle of Italy by e-mail to the e-mail address communicated 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 receipt of the same.
The confirmation e-mail re-proposes all the data entered by the Customer, who undertakes to verify its correctness and to promptly communicate any corrections.
12) Following receipt of an Order, Bottle of Italy will check the availability of the products ordered and, only after this verification, will it communicate its acceptance of the Order, by sending the Customer the Order Acceptance Receipt.
The Contract is concluded with the receipt by the Customer of the acceptance of the Order in the form of a Receipt sent by the Bottle of Italy, or, in the absence of such acceptance, with the delivery of the items covered by the Order.
Once the Order Acceptance Receipt has been forwarded 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 Conditions.
13) If the Bottle of Italy is unable to fulfill an Order received, it will promptly notify the Customer, and in any case before sending the Order Acceptance Receipt to the latter, except as provided for by the following art. 14, paragraph 2.
In any case, Bottle of Italy reserves the right, at its sole discretion, to refuse an Order, to set purchase limits and to require advance payment.
Each Contract will concern exclusively the products expressly and specifically indicated in the Purchase Order.
Any form of liability, contractual or extra-contractual, deriving from the non-acceptance of an Order is excluded.
14) The Seller will have the right not to process Purchase Orders made in accordance with the provisions of the previous provisions, in the event that the Customer has not paid for the products; or in the event that the Customer's data are incomplete and / or incorrect; or even in the event that the ordered products are not, even temporarily, available.
If the Seller does not execute a Purchase Order made by the Customer, the Seller will promptly inform the Customer, by e-mail, of the above and will refund any amount already paid by the Customer.
III. PAYMENT OF THE PRICE
15) The price of the products ordered is that in force on the day the Order is placed and must be paid to the Seller in accordance with the previous article 10, lett. c).
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 provided, all prices indicated on the Site are to be understood as inclusive of 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 art. 12.
In the event of a price change after the Customer has sent the Order and before confirmation by the Seller, the latter will promptly communicate, by e-mail, the new price to the Customer, who will be able to accept the change. or refuse it and, consequently, renounce the Order, at no additional cost.
Acceptance of the change must be communicated to Bottle of Italy, by e-mail, within 7 days of its notification. Otherwise, the change will be considered tacitly rejected and the Order will be deemed canceled.
16) The Customer can pay for the ordered products through one of the payment methods indicated on the Site.
In the case of payment by credit card, the purchase amount will be charged to the Customer after the conclusion of the Order on the Site.
In the case of cash payment, the amount of the Order 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 only be processed following receipt of the credit from the Seller.
The related financial information will be managed only by the payment circuits or by the credit institution.
The aforementioned information may be used by the Seller only to complete the procedures relating to the payment of products or services, or to arrange for refunds following the Customer's exercise of the right of withdrawal referred to in the next Section. VI of these Conditions.
IV. SHIPPING AND DELIVERY OF PRODUCTS
17) Orders are processed from 9.00 to 17.00, Monday to Friday. Orders placed after 5pm 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 same, approximately within 24 working hours from the acceptance of the Order.
Delivery takes place no later than 30 days from the acceptance of the Order.
Bottle of Italy assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet, in the event that it fails to execute the Order within the timeframe provided for in the Contract.
18) If the purchased products are to be delivered outside the national territory, the Customer is responsible for paying any import charges and taxes, as well as any duties and customs duties provided for by the legislation in force in the territory of destination of the products.
19) The courier is responsible for the delivery. Bottle of Italy undertakes to collect any reports of non-delivery or delayed delivery of the products.
20) Any damage to the packaging and / or products, or the mismatch in the number of packages or information, must be immediately reported to the courier through specific indication on the delivery document.
By signing the delivery document and in the absence of the aforementioned disputes, the Customer certifies the real material integrity of the products and the conformity of the delivery.
The facts referred to in paragraph 1 of this article must be reported, by e-mail, to the Seller within 8 days of delivery, attaching the invoice (if issued) and the copy, pertaining to the Customer, of the waybill of the Courier service.
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. In this sense, the information as provided by the Customer at the time of the Order is valid.
No invoice can be issued after submitting the Order Form, unless requested at the time of placing the Order.
No modification of the invoice will be possible after it has been issued.
When ordering, 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.
YOU. RIGHT OF WITHDRAWAL AND RETURNS
22) Without prejudice to the provisions of art. 59 of Legislative Decree no. 206/2005, for purchases of machines and / or accessories, or other products, made through the Site, it will always be possible to exercise the right of withdrawal, based on the provisions of the law, within 14 days from delivery of the products, by contacting the Seller for the return procedures.
The goods must be returned, by and at the expense of the Customer, within 14 days from the date on which the Customer himself communicated his decision to withdraw to Bottle of Italy.
In the case of open and / or partially used products, the right of withdrawal does not apply and Bottle of Italy will inform the Customer by e-mail. In this case, the Customer may ask the Seller, by e-mail, to return the purchased products at his own expense. Otherwise, the Seller reserves the right to withhold 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 missing, by the relative Order Acceptance Receipt.
In the case of service contracts, the withdrawal period ends after 14 days from the day of the conclusion of the contract in the forms referred to in the previous art. 12.
23) Except for exceptional exceptions, the return of any food products, such as capsules, biscuits, coffee, sugar purchased on the Site will not be accepted.
24) Except as provided in the previous 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 during the purchase.
In the case of payment made by bank transfer, the Customer must notify the Seller of the relevant bank details necessary for making the reimbursement bank transfer.
If there is no correspondence between the recipient of the products indicated in the Order Form and whoever made the payment of the sums due for their purchase, the reimbursement of the sums resulting from the withdrawal will be made by the Seller to the person who made the payment.
The reimbursement of the price paid by the Customer for the purchase of the products includes the shipping costs incurred at the time of placing the Order.
25) All products, other than food products, sold by Bottle of Italy, are covered by legal guarantees.
26) The guarantee consists in the replacement, at the Seller's expense, of defective, incorrect or damaged products; or, where the replacement of the products is impossible or excessively burdensome for the Seller, the guarantee will consist of an appropriate price reduction; or, again, in the termination of the contract, where the degree of non-conformity of the product is such that a mere reduction in price is not acceptable.
In the case of defective, incorrect or damaged products, the Customer will promptly contact, and in any case no later than the deadline referred to in Article 27, the Seller, by e-mail to the address email@example.com , Indicating the problem that arose.
To the aforementioned written communication it will be necessary to attach photographic material certifying the originality of the packaging, of the cardboard inserts, as well as relating to 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 the purchased bottles to the Seller with at least ¾ of the contents with their original well-sealed caps. Upon receipt of the goods and ascertained the anomaly, the Seller will replace or refund the returned product.
27) The guarantee is subject, under penalty of forfeiture, to the notification of the defect or lack of quality, within 2 months from the moment in which the Customer has received the purchased products.
28) The guarantee, however, loses all effectiveness when changes have been made to the products by the Customer.
VIII. APPLICABLE LAW AND JURISDICTION
29) These General Conditions of Sale and the Contract are governed by Italian law, except as provided by the Vienna Convention of 1980.
30) Any dispute arising from the application of these Conditions or from the Contract will be subject to the jurisdiction of the Italian judge, in accordance with the provisions of the Italian legislation in force.
IX. WINE VINTAGE DIFFERENT FROM THE ONE ORDERED
31) In the event that a bottle of wine of a certain vintage is out of stock, the same bottle of the following year will be shipped.
X. PRODUCT LABEL DIFFERENT FROM THAT VISIBLE ON SITE.
32) Product images are for illustrative purposes only and may not fully reflect product features, or the latest graphic versions of product labels, as manufacturers reserve the right to change them at any time without warning.
XII. CONFIRMATION OF RECEIPT OF ORDER AND ITS ACCEPTANCE
33) Bottle of Italy will confirm receipt of the Order immediately with an e-mail containing the identification number assigned to the Order. Such confirmation will not count as acceptance of the Order, but merely as confirmation of acceptance of the Order, except as provided below.
Acceptance of the Order will occur only upon Bottle of Italy sending an email from Bottle of Italy to the customer, containing notice of shipment.