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GENERAL CONDITIONS OF SALE

FOREWORD

This information is provided for the site “www.anonimadistilleriaitaliana.it” (Site) owned by ADI Group S.r.l.s, located at Via Lungo Sisto, 44 – 04019 Terracina (LT), Registered with the Chamber of Commerce of Latina, with VAT No. 03250450594, with tax code 03250450594. 

 

ART. 1. SCOPE OF APPLICATION. 

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I°, Title III° (art. 45 et seq.) of Legislative Decree September 6, 2005, no. 206 (Consumer Code) and Legislative Decree April 9, 2003, no. 70, containing the regulation of electronic commerce.

 

1.2 The General Terms and Conditions of Sale apply to all sales made by Seller on the Site. The terms indicated are intended to be business days, thus excluding Saturdays, Sundays, and national holidays.

 

1.3 The General Conditions of Sale may be changed at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site. You are therefore encouraged to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

 

1.4 The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.

 

1.5 The present General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners or other hypertext links. Before transacting business with such parties, you should check their terms and conditions of sale. The Seller is not responsible for the provision of services and/or sale of products by such parties. On the websites that can be consulted through such links, the Seller does not perform any control and/or monitoring. Therefore, the Seller is not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by them.

 

1.6 You are responsible for carefully reading these Terms and Conditions of Sale as well as all other information that Seller provides on the Site.

 

1.7 Submission of a purchase order constitutes acceptance of these Terms and Conditions. 

 

ART. 2. PURCHASES ON THE SITE 

2.1 Purchasing on the Site

  • can take place upon registration at the Site
  • is allowed both to users who hold the quality of consumers and users who hold the quality of professionals. Pursuant to Article 3, Paragraph I, lett. a) of the Consumer Code, it is recalled that the quality of consumer is held by the natural person acting for purposes unrelated to the entrepreneurial, commercial, professional or craft activity, if any, carried out; while pursuant to Article 3, Paragraph I, lett. c) of the Consumer Code, the quality of professional is held by the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or its intermediary.

 

2.2 In the case of orders, from whomever they originate, which are found to be abnormal in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to have the irregularities ceased.

 

2.3 The Seller reserves the right to refuse or cancel orders that come from:

  • By a user with whom the Seller has ongoing legal disputes
  • By a user who has previously violated the General Conditions of Sale
  • By a user who has been involved in criminal
  • by a user who has issued false, incomplete or otherwise inaccurate identification data or who has not sent to the Seller, in a timely manner, the documents requested by it or who has sent it invalid documents.

 

2.4 Before purchasing any Food Product offered for sale on the Site, you are requested to notify the Seller if you have any type of food allergy, intolerance or food intolerance. If you fail to make this disclosure, the Seller is in no way responsible for any kind of harm you may have suffered from the purchase of Food Products on the Site.

 

ART. 3. SITE REGISTRATION 

3.1 To register for the Site You must complete the appropriate form, entering the following information:

  • email
  • password.

 

3.2 You agree to notify the Vendor immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.

 

3.3 A user registered to the Site warrants that the personal information provided by him/her is complete and true and agrees to hold the Seller harmless and indemnified from any damages, compensatory obligations and/or penalties arising out of and/or in any way connected with the user’s violation of the rules on registration to the Site or the storage of registration credentials and/or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the right of the Seller to proceed to disable the user’s account.

 

ART. 4. INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT 

4.1 In accordance with Legislative Decree No. 70 of April 9, 2003, containing provisions on electronic commerce, the Seller informs you that:

  • in order to conclude a purchase contract on the Site, you must complete an order form in electronic format and transmit it to the Seller, electronically, following the instructions that will appear from time to time on the Site
  • the contract is concluded when the order form reaches the Seller’s server
  • once the order form has been received, the Seller will send you an order confirmation containing:
  • information regarding the characteristics of the purchase
  • an indication of the price.

 

ART. 5. AVAILABILITY OF PRODUCTS

5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.

 

5.2 There is information within the Site regarding the availability of each Product.

 

5.3 You will be informed if the Product ordered is unavailable. In this hypothesis You will be entitled to terminate the purchase contract pursuant to and in accordance with the provisions of Article 61, IV and V paragraph, of the Consumer Code.

 

5.4 Alternatively, You may accept:

  • if a reassortment is possible, an extension of the delivery terms, offered by the Seller, with an indication of the new delivery term
  • if reassortment is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and subject to your express acceptance.

 

5.5 In the event that you request a refund of the amount paid for the purchase of Products that later turned out to be unavailable, the Seller shall make the refund within a maximum period of 30 days.

 

5.6 In the event that you avail yourself of the right of termination referred to in Article 61, IV and V paragraph, Consumer Code, the contract shall be terminated; in the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if applied, and any other additional costs, as resulting from the order (Total Amount Due) has already taken place, the Seller will make the refund of the Total Amount Due in accordance with the provisions of the article “Payment Method” below.

 

ART. 6. FACT SHEET

6.1 Each Product is accompanied by an information page explaining its main characteristics (Information Sheet). The images and descriptions on the Site reproduce as closely as possible the characteristics of the Products. The colors of the Products, however, may differ from the actual colors due to the settings of the computer systems or computers you use to view them. The Product images in the Information Sheet, moreover, may differ in size or in relation to any ancillary products. Such images should therefore be understood as indicative and within the tolerances of use.

 

ART. 7. PRICES

7.1 All prices of the Products published on the Site are inclusive of Value Added Tax.

 

7.2 The Seller reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price charged to you will be the price indicated on the Site at the time the order is placed and that no account will be taken of any variations (upwards or downwards) after the order has been transmitted.

 

7.3 Shipping charges, if any, shall be expressly and separately indicated on the order form before you proceed to transmit the same.

 

ART. 8. PURCHASE ORDERS.

8.1 The Seller will ship the Products only after receiving confirmation of authorization for payment or upon credit of the Total Amount Due. Title to the Products will pass to you upon shipment, which shall be deemed to be the time of delivery of the Product to the carrier. On the other hand, the risk of loss of or damage to the Products, due to causes not attributable to Seller, shall be transferred to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products.

 

The Service chosen by You will be performed only upon payment of the Total Amount Due. The Seller reserves the right not to provide the Service if, after the submission of your purchase order, it is determined that you have not paid all or part of the Total Amount Due.

 

8.2 The Purchase Agreement is terminably conditioned upon Your failure to pay the Total Amount Due. Unless otherwise agreed with You in writing, the order will be cancelled accordingly.

 

8.3 In order to submit a purchase order, you must read and approve these General Terms and Conditions of Sale by checking the appropriate box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale will result in the inability to make purchases on the Site.

 

ART. 9. METHODS OF PAYMENT

9.1 The following payment methods are allowed on the Site:

  • Payment card (credit/debit)
  • PayPal
  • Apple Pay
  • Google Pay

 

9.2 The Seller accepts credit cards from the following circuits:

  • VISA
  • MasterCard (Cirrus Maestro)
  • American Express

 

They are, in each case, indicated in the footer of each page of the Site.

 

The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued authorization for the charge.

 

Confidential payment card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without transiting through the servers the Seller uses. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.

 

The charge will be made at the time the order is transmitted.

 

ART. 10. DELIVERY OF PRODUCTS

10.1 Deliveries of purchased Products are made to specific countries:

 

  • Italy
  • Estonia
  • Latvia
  • Lithuania
  • Poland
  • Czech Rep.
  • Slovakia
  • Hungary
  • Slovenia
  • Romania
  • Bulgaria
  • Croatia
  • Switzerland
  • Austria
  • Germany
  • Greece
  • Belgium
  • Luxembourg
  • France
  • Netherlands
  • Spain
  • Portugal
  • Denmark
  • Finland
  • Sweden

 

The delivery obligation is fulfilled by the transfer to You of the physical availability or otherwise control of the Product.


10.2 Shipping charges are indicated from time to time on the Site and/or prior to payment.

 

10.3 From the date of placing the order, the Products will be delivered within 2-3 business days in Italy, 4-5 business days in the other countries listed above and, in any event, within 15 days from the date of conclusion of the contract.

 

10.4 It is your responsibility to verify the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage of the Product, due to causes not attributable to the Seller is transferred when you, or a third party designated by you and different from the carrier, materially comes into possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, it is appropriate to give prompt notice to Seller. This is without prejudice, in any case, to the application of the rules on the right of withdrawal (if any for the Product) and the legal guarantee of conformity.

 

ART. 11. RIGHT OF WITHDRAWAL

11.1 In the event of purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for in Article 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site are: sold goods that are likely to break.

 

ART. 12. LEGAL GUARANTEE

All Products sold on the Site are covered by the Legal Warranty of Conformity provided for in Articles 128-135 of the Consumer Code (Legal Warranty).

 

TO WHOM IT APPLIES

The Legal Warranty is reserved for consumers. It, therefore, finds application, only to users who have made the purchase on the Site for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out, if any.

 

WHEN APPLYING

The Seller shall be liable to the consumer for any lack of conformity of the Product and which becomes apparent within one year after such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within 15 days from the date it was discovered.

 

Unless proven otherwise, defects of conformity that become apparent within 1 month after delivery of the Product shall be presumed to have existed on that date, unless such assumption is inconsistent with the nature of the Product or the nature of the defect of conformity. From the second month following delivery of the Product, on the other hand, the burden will be on the consumer to prove that the lack of conformity already existed at the time of delivery of the Product.

 

Therefore, in order to take advantage of the Legal Warranty, the consumer must first provide proof of the date of purchase and delivery of the good. It is appropriate, therefore, that the consumer, for the purpose of such proof, keep the purchase invoice or any other document that can attest to the date of making the purchase (for example, the payment card statement) and the date of delivery.

 

In case of termination of the contract, the Seller will return to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In case of a price reduction, the Seller will refund the amount of the reduction, previously agreed upon with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.


The Seller shall not be liable in case of damages, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from unforeseeable circumstances or force majeure.

 

If You have made the purchase as a “professional” within the meaning of the provisions of the Consumer Code, the preceding paragraphs of this article shall not apply. The legal warranty provided for in Article 1490 of the Civil Code will apply to your purchase on the Site.

 

ART. 13. APPLICABLE LAW AND COMPETENT COURT; OUT-OF-COURT SETTLEMENT OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION/ONLINE DISPUTE RESOLUTION

13.1 Purchase contracts concluded through the Site are governed by Italian law. It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence.

 

13.2 Please note that in the case of consumer users, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile shall have jurisdiction. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, on the other hand, the competent court shall be the court where the Seller has its headquarters pursuant to the provisions of Article 1 above.

 

13.3 Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Seller shall inform the user who holds the status of consumer under Article 3, paragraph 1, lett. a) of the Consumer Code, that in the event that he/she has submitted a complaint directly to the Seller, as a result of which, however, it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (ADR bodies, as indicated in Articles 141-bis et seq. Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself.


13.4 The Seller also informs the user who qualifies as a consumer under Article 3, paragraph 1, lett a) of the Consumer Code that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them, and initiate an online dispute resolution procedure for the dispute in which he or she is involved.

 

13.5 The consumer user’s right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code, shall in any event be unaffected.

 

13.6 The user who resides in a member state of the European Union other than Italy, may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.

 

ART. 14. CUSTOMER SERVICE AND COMPLAINTS

You may request information, send communications, request assistance, or file complaints by contacting the Vendor in the following ways:

  • by completing and submitting the form available on the “Contacts” page
  • by telephone, at the following number: Specified in “Contacts”.

 

The Seller will respond to complaints submitted within 15 days after receipt of the complaints.

 

ART. 15. MISCELLANEOUS

15.1 The delivery date of the Product is 2-3 working days in Italy and 4-5 working days in Europe, the Seller will do its best to respect the estimated date which remains however indicative.

 

15.2 Exclusively for corporate/corporate orders exceeding 12 units, you may contact the Seller at ordini@anonimadistilleriaitaliana.it. In this case, the Seller reserves the right to accept the purchase order and to agree with the customer on how to deliver the Product.

 

15.3 You may contact the Seller via whatsapp or via email through the “Contacts” section.

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