1. Identification of the Parties and applicable regulations
The goods covered by these general conditions are offered for sale through the website www.avvinamente.it (hereinafter referred to as “Website”) by Avvinamente di Gaetano Minoia with headquarters in 72015 – Fasano (BR), at viale delle viti 27, VAT no. 02738830740 (hereinafter referred to as “Seller”).
The sale of products by the Professional constitutes a distance contract, by which is meant “any contract concluded between the professional and the consumer under an organized scheme of distance sales or provision of services without the simultaneous physical presence of the professional and the consumer, through the exclusive use of one or more means of distance communication up to and including the conclusion of the contract,” according to Art. 45 co. 1(g) of Legislative Decree. No. 206/2005 (so-called Consumer Code).
The sale of products on the website is directed exclusively in favor of natural persons, over 18 years of age, acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (hereinafter “Customer,” “Consumer,” or “User”).
The relationship between the Professional and the Consumer is governed by D. Lgs. No. 70/2003, of “Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce”, as well as by the aforementioned Consumer Code and the provisions set forth in these Terms of Sale, in force on the date of transmission of the order by the Consumer.
2. Subject of the contract
Hereby, respectively, the Professional sells and the Client purchases at a distance by means of telematic means the alcoholic spirits indicated and offered for sale on the website www.avvinamente.it, as illustrated on the web page indicated under “Shop.”
3. Arrangements for entering into the contract
The contract between the Seller and the Customer is concluded exclusively over the Internet through the Buyer’s access to www.avvinamente.it. Once browsed the pages of the “Shop”, the consumer will be able to save the products of greatest interest in the “Shopping Cart” section, where, following the indicated procedures, will get to formalize the proposed purchase of the goods offered for sale on the website www.avvinamente.it.
The Consumer may decide at any time to remove the selected goods from the shopping cart, since the mere inclusion of the latter in the aforementioned section does not imply any proposal to purchase nor, even less, entail any obligation to pay.
4. Conclusion and effectiveness of the contract
The purchase contract is concluded by the exact completion of the request form and the consent to the purchase manifested through the accession sent online, that is, by following the guided procedure attached to the electronic catalog online at www.avvinamente.it and the subsequent sending, always after displaying a printable web page summarizing the order, in which the details of the ordering party and the order, the price of the purchased good, the shipping costs and any additional ancillary charges, the method and terms of payment, the address where the good will be delivered, the timing of delivery and the existence of the right of withdrawal are indicated.
At the time the Seller receives the order from the Customer, it will either send a confirmation e-mail or refer to a printable order confirmation and summary web page, in which the data recalled in the previous point are also included.
The contract shall not be deemed to be perfected and effective between the parties in the absence of the above.
5. Payment and refund arrangements
The payment system of Avvinamente by Gaetano Minoia provides “PayPal” as a payment method, which allows even those who do not have an account in the system to pay with the most popular credit cards.
At the time the Consumer places the order, he or she is subject to the obligation to pay. However, where the Seller does not clearly inform the consumer of the obligation to pay following the placing of the order, the Consumer is not bound by the contract or order.
Any refund to the Consumer must be made with photos of the “defective” good forwarded to the email info@avvinamente.it or by contacting the phone number found in the “Contact” section. IN case there are no anomalies, the refund is credited through the same method of payment used by the Consumer at the time of purchase of the good. The Seller agrees to credit the refund without undue delay and, in any case, in accordance with the ordinary timelines related to the payment method chosen by the Consumer. Any delays in the crediting of the refund, where due to causes beyond the control of the Seller, exempt the Seller from liability.
All payment-related communications take place on a special Seller line protected by an encryption system. The Seller guarantees the storage of this information with an additional layer of security encryption and in deference to the provisions of current data protection regulations.
6. Time and mode of delivery
The Seller shall deliver the products selected and ordered, in the manner chosen by the Customer or indicated on the website at the time the good was offered, as confirmed in the e-mail referred to in Section 4.2 hereof.
Shipments are made by courier service. Shipping times may vary from next day to a maximum of 4 working days after order confirmation. In the event that the Seller is unable to ship within said time limit but, nevertheless, can deliver the products within the time limit specified in the following paragraph, timely notice will be given to the Customer by e-mail.
The Seller is obliged to deliver the purchased goods to the consumer without undue delay and, in any case, within 30 days from the date of conclusion of the contract. This obligation is considered fulfilled when the consumer has acquired material possession of the purchased goods.
In the event that the Seller fails to comply with the time limits specified in the preceding paragraph, the consumer shall indicate to the Seller a new and additional time limit that is reasonable and appropriate under the circumstances. Where the Seller fails to meet even this new deadline, the consumer is entitled to terminate the contract, subject to the right to damages. In the latter case, the Seller shall refund to the consumer without undue delay all sums paid in performance of the contract.
The consumer does not bear the burden of indicating a new deadline when he has informed the Seller, prior to the conclusion of the contract, that delivery of the goods by or on a specified date is essential.
The obligation to provide for the shipment of goods is the responsibility of the Seller, except in cases where the shipment is handled by the consumer who is returning the purchased goods.
The risk of loss of or damage to the goods, due to causes not attributable to the Seller, shall pass to the consumer at the time the consumer, or a third party designated by the consumer and other than the carrier, takes physical possession of the goods.
The risk is also transferred to the consumer already at the time of delivery of the goods to the carrier if the latter has been chosen by the consumer and without such a choice being proposed by the Seller.
7. Prices
All sales prices of the products displayed and indicated within the website www.avvinamente.it, are in Euros and constitute an offer to the public in accordance with Art. 1336 Civil Code.
The sales prices, as mentioned in the preceding paragraph, are inclusive of VAT and any other taxes. Shipping costs and any ancillary charges (e.g.: customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure prior to the placing of the order by the Customer and also contained in the summary web page of the order placed.
The prices listed against each of the goods offered to the public are valid until the date indicated in the catalog.
In the event that the Seller provides for additional fees or costs, it must compulsorily notify the consumer. Otherwise, the consumer shall not incur such additional expenses or costs.
The Consumer agrees to pay the price of the purchased goods in the time and manner specified in these Terms of Sale.
8. Availability of products
The Seller ensures, through the computer system used, the processing and fulfillment of orders without delay. To this end, it indicates in real time in its electronic catalog the number of available and unavailable products, as well as shipping times.
If an order exceeds the existing quantity in the warehouse, the Seller, by e-mail, will let the consumer know whether the product is no longer bookable or what the waiting time is to obtain the chosen product, asking whether he/she wishes to confirm the order or not.
The Seller’s computer system confirms in the shortest possible time that the order has been registered by forwarding an e-mail confirmation to the user in accordance with Section 4.2.
9. Limitations of liability
The Supplier assumes no responsibility for inefficiencies attributable to force majeure if it fails to execute the order within the time stipulated in the contract.
The Supplier shall not be liable to the Consumer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control or that of its sub-suppliers.
The Supplier shall also not be liable with respect to damages, losses and costs incurred by the Consumer as a result of the non-performance of the contract due to causes not attributable to him, the Consumer being entitled only to a full refund of the price paid and any ancillary charges incurred.
The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, when paying for the purchased products, if it proves that it has taken all possible precautions based on the best science and experience at the time and according to ordinary diligence.
In no event shall the Consumer be held liable for any delay or mishap in payment if he/she proves that he/she made the payment himself/herself in the time and manner specified by the Seller.
10. Liability for defect, proof of damage and compensable damages: the obligations of the Seller
Responsibility for a defective product rests with the manufacturer. However, where the manufacturer is not identified, the Seller shall be liable for damage caused by defects in the goods sold if he fails to notify the injured party, within three months of the request, of the identity and domicile of the manufacturer or the person who supplied him with the goods.
The above request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must, in addition, contain an offer to view the product, if it still exists.
The Seller shall not be held liable for the consequences resulting from a defective product if the defect is due to the conformity of the product, a mandatory legal norm or a binding measure, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
A product is defective if it does not offer the safety that can be legitimately expected, taking into account (i) of the manner in which the product was put into circulation, its presentation, its obvious characteristics, and the instructions and warnings provided (ii) the use for which the product may reasonably be intended and the behaviors that, in connection therewith, may reasonably be expected (iii) the time when the product was put into circulation.
No compensation will be due if the injured party was aware of the defect in the product and the danger arising from it and nevertheless voluntarily exposed himself to it.
In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
11. Legal Warranty
For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
Are suitable for the use for which goods of the same type are customarily used;
conform to the description made by the Seller and possess the qualities of the good that the seller has presented to the consumer as a sample or model;
present the usual quality and performance of goods of the same type, which the Consumer may reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, manufacturer or its agent or representative, particularly in advertising or on labeling;
are, also, suitable for the particular use intended by the Consumer and which has been brought to the knowledge of the Seller by the Consumer at the time of the conclusion of the contract and which the Seller has also accepted by conclusive facts.
The Consumer shall forfeit all rights if he/she does NOT report the lack of conformity to the Seller within the period of three (3) days from the date on which the defect was discovered. Reporting is not necessary if the Seller has acknowledged the existence of the defect or concealed it.
In the event of a lack of conformity, the Consumer may request, alternatively and free of charge, under the conditions indicated below, the replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller, taking into account (i) of the value the good would have if there were no conformity defect, (ii) of the extent of the conformity defect and (iii) of whether the other remedy can be exhausted without significant inconvenience to the consumer.
The request shall be made in writing, either by registered mail with return receipt or by certified e-mail, to the Seller, who shall indicate his willingness to act on the request, or the reasons preventing him from doing so, within seven (7) working days of receipt. In the same communication, where the Seller has accepted the Consumer’s request, it shall indicate the method of shipment or return of the goods, as well as the expected time limit for the return or replacement of the defective goods.
If repair and replacement are impossible or excessively burdensome, or the Seller has failed to repair or replace the goods within the period referred to in the preceding paragraph, or, finally, the replacement or repair previously carried out has caused considerable inconvenience to the Consumer, the Consumer may, at his or her option, demand a reasonable reduction in the price or termination of the contract. In such case, the Consumer shall send his request to the Seller, who shall indicate his willingness to carry it out, or the reasons preventing him from doing so, within seven (7) working days of receipt.
In the same communication, where the Seller has accepted the consumer’s request, it shall indicate the proposed price reduction or the manner of returning the defective goods. It will be the consumer’s burden in such cases to indicate how the sums previously paid to the Seller will be credited back.
A minor lack of conformity, for which it has not been possible or is excessively burdensome to exhaust the remedies of replacement, does not entitle the contract to termination.
The Seller has the option to propose to the consumer an alternative solution to the one chosen by the consumer, which will be implemented only after the consumer accepts it.
Where the Consumer has not chosen any specific solution, he must accept or reject the one proposed by the Seller.
12. Right of withdrawal
In any case, the Consumer has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within the period of seven (7) working days, starting from the day of receipt of the purchased goods. In the case of the purchase of multiple goods, ordered by the Consumer by means of a single order and delivered separately, the seven (7) day period for withdrawal starts from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last good.
The right of withdrawal shall be deemed to be exercised in the manner indicated in the preceding paragraph in the event that the Consumer has informed the Seller of the desire to withdraw from the contract before the expiration of seven (7) days from receipt of the purchased goods. The Consumer notifies the Seller of his intention to withdraw from the contract through any explicit statement.
The burden of proof regarding the exercise of the right of withdrawal always falls on the consumer.
In the case of withdrawal exercised within the time limits specified in the preceding paragraph, the Seller shall refund all payments received from the Consumer, including delivery charges where applicable, without undue delay and in any event within seven (7) days from the day it receives notice of the Consumer’s intention to withdraw from the contract.
The Seller shall make the refund using the same payment method used by the Consumer for the initial transaction, unless the Consumer has expressly agreed otherwise and subject to the condition that the Consumer shall not incur any costs as a consequence of the refund.
Except as specified in the preceding paragraph, the Seller shall not be obligated to reimburse additional costs if the Consumer has chosen a delivery method other than the least expensive delivery method offered by the Seller.
Except where the Seller has offered to pick up the goods himself, the Seller is obligated to withhold the refund until he has received the goods or until the Consumer has demonstrated that he has returned the goods, whichever situation occurs first.
The Consumer agrees to return the goods, either to the Seller or to a third party authorized by the Seller to receive them, without undue delay and in any event within seven (7) days from the date on which he or she notified the Seller of his or her desire to exercise withdrawal. The deadline is met when the Consumer ships the goods within the aforementioned seven (7) days, regardless of the day on which the goods return to the material possession of the Seller.
In the case referred to in the preceding paragraph, the Consumer shall only bear the direct cost of returning the goods, except where the Seller has agreed to bear such cost.
In the event that the Seller has not fulfilled its obligations to provide information on the existence, manner and time of return or collection of the goods in the event of the exercise of the right of withdrawal, the period for exercising the right of withdrawal shall end twelve (12) months after the end of the initial withdrawal period.
If the Seller communicates the missing information within twelve (12) months after the end of the initial right of withdrawal, the Consumer shall have fourteen (14) days from the day of receiving the information to withdraw from the contract.
In case the Buyer decides to make use of the right of withdrawal, he must notify the seller by e-mail at info@avvinamente.it. For the purposes of exercising the right of withdrawal, the sending of the notice may validly be replaced by the return of the purchased goods, provided that the same terms. The date of delivery to the post office or forwarding agent will be conclusive between the parties.
The Consumer may not exercise this right of withdrawal for contracts for the purchase of goods that are custom-made or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly.
The Consumer is only liable for the diminution in the value of the goods resulting from handling the goods other than what is necessary to establish the nature and characteristics of the goods.
Upon receipt of the notice by which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, subject to the provisions of the preceding paragraphs of this Article.
Any clause providing for limitations on the refund to the consumer of sums paid as a result of the exercise of the right of withdrawal is null and void.
13. Causes of termination
The obligations referred to in Section 7.5, assumed by the Consumer, as well as the guarantee of the successful completion of the payment that the Consumer makes by the means referred to in Art. 5.1, and likewise the exact fulfillment of the obligations assumed by the Supplier in point 6, have an essential character, so that by express agreement, the non-fulfillment of only one of said obligations, where not determined by fortuitous event or force majeure, will result in the legal termination of the contract pursuant to art.1456 c.c., without the need for judicial pronouncement.
14. Processing of customers’ personal data
The Consumer, either in the process of placing a purchase order or in the process of merely browsing the Avvinamente di Gaetano Minoia website, transmits their personal data to the seller. The processing of this data takes place only and exclusively for purposes related to the performance of sales activities and is based both on the legal basis of the execution of pre-contractual and contractual measures to which the Consumer is a party (Art. 6, par. 1, lett. (b) of EU Regulation 2016/679) both on the legal basis of fulfilling tax obligations imposed by industry laws (Art. 6, par.1, lett. (c) of EU Regulation 2016/679). The Vendor also points out that on its webpage you can find the complete information on cookies and the processing of personal data, to which you are referred for all further relevant information.
15. Method of filing the contract
Pursuant to Art. 12 of Leg. 70/2003, the Professional informs the Consumer that each order sent is stored in digital/paper form on the server/at the Supplier’s own premises, according to criteria of confidentiality and security.
16. Communications and complaints
Written communications directed to the Professional and any complaints will be considered valid only where they are sent to the following email address info@avvinamente.it. the Consumer indicates in the registration form his residence or domicile, telephone number or e-mail address to which he wishes communications from the Professional to be sent.
17. Dispute resolution
All disputes arising out of this contract and if the Parties intend to refer to the ordinary Judicial Authority, the competent Court shall be the one of the place of residence or elective domicile of the Consumer, mandatory under Art. 33, co. 2(u) of Legislative Decree. n. 206/2005 (so-called Consumer Code).
The Consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European Consumer to settle out-of-court any dispute relating to and/or arising from a contract for the sale of goods entered into online, drawing important benefits in time and cost.
The platform is available at the following link http://ec.europa.eu/consumers/odr/.
