Terms and Conditions
1 PURPOSE AND DEFINITION OF THE ON-LINE CONTRACT
1.1 The definition of “on line” contract implies a remote contract that has the purpose of purchasing goods and/or services stipulated by and between FDP SRL, with registered office in Via Bruno Buozzi N. 21/27, 20072 Pieve Emanuele (Mi), hereinafter referred to as the <<Supplier>>, recorded in the Milano companies register as No. 1564599 and with VAT registration number 12485380153, and a client consumer or a professional client, within the framework of a remote sales system organized by the Supplier that, for this contract, exclusively deploys the Internet technology. All contracts, therefore, will be concluded directly through the access by the client to the Internet site corresponding to address www.bottegaalcolica.com
1.2 The definition of client consumer, hereinafter referred to as the <<Consumer>>, implies only the natural person that stipulates the contract for purposes that cannot be referred to the entrepreneurial or professional activity eventually carried out.
1.3 The definition of professional client, hereinafter referred to as the <<Professional>>, implies the subject, natural person, public or private corporate body, unrecognized collective body endowed with autonomous subjective legal status, which in the stipulation of the contract acts within the framework of its own professional or entrepreneurial activity.
1.4 The term <<Client>>, simply means the generally-implied purchaser, whether this be the Consumer or the Professional.
2. ACCEPTANCE OF THE GENERAL SALES CONDITIONS AND THE CLIENT’S OBLIGATIONS
2.1 The contract stipulated between the Supplier and the Client must be understood as being concluded on the acceptance, even if only partial, of the order by the Supplier itself. This acceptance is deemed as tacit, unless otherwise notified in any form by the Client.
The latter, by placing an order by means of the various modalities envisaged, acknowledges having viewed all indications provided during the purchasing procedure and, consequently, integrally accepting the general and payment conditions provided hereunder.
2.2 The input of false and/or invented personal data in the data collection forms, necessary to the processing of the order, is strictly forbidden. Furthermore, the input of data pertaining to third parties or for performing multiple registrations relative to a single Client, is also forbidden. The Supplier reserves the right to institute legal proceedings for any violation and abuse, in the interest and protection of all Clients.
2.3 If the client is a Consumer, once the on-line purchasing procedure is concluded, it must see to printing or saving the electronic copy and, in any case, to save the present sales general conditions in compliance with the provisions of articles 3 and 4 of Leg. Dec. 185/1999 on remote sales. The issuing of the order confirmation, therefore, implies the full knowledge of the above provisions and their full acceptance.
2.4 Every right of the Client to claim for compensation or indemnification of damages from the Supplier, as well as ascribing to same any contractual or extra-contractual responsibility for direct or indirect damages to persons and/or things, caused by the non acceptance, even partial, of an order, are excluded.
3. SELLING PRICES AND PURCHASE MODALITIES
3.1 All selling prices of the products present and indicated within the www.bottegaalcolica.com site, constituting the offer to the public in compliance with art. 1336 of the civil code, are inclusive of VAT. In addition, also shipping and packaging expenses. These prices can vary at any time without the Supplier having to give notice of any kind; in any case, once the order for the product has been placed, it will not be subject to any price variation.
The cost of shipping, both national and international, duly highlighted within the specific page of the site that the Client will have viewed prior to confirming the purchase, will be entirely for the Client’s account.
In case of shipping to foreign countries, possible additional costs due to taxes or duties envisaged by the legal norms in force in the Country of destination will also be for the Client’s account.
3.2 The Client can only purchase the products present in the catalogue at the time of placing the order and that can be viewed on-line at address bottegaalcolica.com, as described in the relative information charts. It is understood that the picture accompanying the product’s descriptive chart may not be perfectly representative of the relevant characteristics.
4. METHOD OF PAYMENT
4.1 Credit Card: by means of this method of payment, contextually with the conclusion of the on-line transaction, all financial information (credit card number, expiry date, etc.) will be automatically submitted, through an encrypted protocol, to the reference Banking Institution that will see to debiting the Client’s current account with the amount relative to the purchase made.
4.2 In case of cancellation of the order, by either the Client, as described in subsequent article 8, or by the Supplier in case of non-acceptance of the order itself, the deletion of the transaction will be requested. Once the transaction deletion operation has been carried out, under no circumstances will the Supplier be deemed responsible for possible direct or indirect damages, caused by delays in the selfsame operation.
4.3 The Supplier reserves the right of requesting from the Client the submission of identity documents as proof of ownership of the credit Card utilized for the payment. In the absence of the documentation requested, the Supplier could reject the order, therefore not concluding the contract.
4.4 At no moment in the purchasing procedure will the Supplier have access to information relative to the purchaser’s credit card, transmitted through a protected connection directly to the site of the Banking Institution managing the transaction. No IT archive of the Supplier will save such data. Under no circumstance, therefore, can the Supplier be held responsible for the eventual fraudulent and unlawful use of credit cards by third parties, upon payment for products purchased.
5. SHIPPING AND DELIVERY MODALITIES
5.1 Shipping and delivery.
The Supplier will take care of the delivery to Clients, at the address specified at the time of order placement, the products selected and ordered, according to the modalities as provided for in this article, through the Italian Post Office, or trustworthy couriers and/or shippers.
The contract execution takes place upon consignment of the asset by the Supplier to the courier. In view of this, the Supplier cannot be held responsible in case of missed or delayed delivery nor for total or partial damage suffered by the goods in question. For these, only the courier entrusted with the shipping will be accountable.
5.2 At the time of delivery of the goods by the Italian Post Office or other courier, the Client must check: that the quantity of goods ordered corresponds with what is indicated in the transport waybill; that the packaging is not damaged or wet or, in any case, altered; this applies to the fastening materials as well. Eventual damages must immediately be notified to the courier carrying out the delivery.
Once the courier’s document has been signed, the Client will not be able to contest any of the exterior characteristics of the goods delivered.
5.3 Delivery times. The Italian Post Office is committed to delivering the goods within the three days subsequent to that of shipment, within the Italian territory; for shipments to foreign countries, shipping times differ according to the relevant distance.
Should the shipping take place by means of another courier, delivery times will not exceed those provided for by art. 6 of Leg. Dec. 185/99 (30 days from the date of order and/or of the receiving of the payment, if available at warehouse). The above-mentioned delivery terms refer to products ex warehouse stock at the time of order.
5.4 Delayed delivery
Possible delays in the delivery of the goods will not be able to be attributed or ascribed to the Supplier. Nor, under any circumstance, will the Supplier be responsible for damages caused by the Italian Post Office or other Couriers, as regards the delayed delivery of the goods to the client or third parties, since the contract is considered as having been executed upon the consignment of the goods to the courier.
5.5 Non-delivery
On delivering the goods, should the Italian Post Office or any other Courier find no-one at the specified delivery address, they will see to depositing the goods at the stores indicated on the card that will be left at the intended delivery place. After thirty days storage, the goods will be returned to the Supplier and the Client will have no recourse to any rights. All expenses, direct and indirect, will be entirely for the Client’s account.
The Supplier will consider the payment of the goods in lieu of penalties, as well as for possible greater damages suffered.
Should the Client request the Supplier to re-deliver the products ordered and paid for, that were the object of the non-delivery, he will have to make such request immediately to the Supplier company at fax no. 02 / 57501306 and/or at email address info@bottegaalcolica.com . The Client will sustain all expenses incurred by the Supplier, over and above the greater damages suffered by the Supplier.
5.6 Shipping and packing expenses.
These expenses are for the Client’s account and are clearly and separately specified by the price of the goods or service, at the time of fulfilling the order, as provided for in the above-mentioned art. 3.
5.7 Invoicing
For every order placed on www.bottegaalcolica.it, the Supplier issues an accompanying invoice that lists all the items shipped and which is closed in a sealed envelope that is dispatched together with the goods.
For the issuing of the invoice, the information provided by the Client at the placement of the order will be utilized as the proof.
5.8 The non-correspondence of the goods ordered with those delivered will have to be immediately notified to the Supplier.
5.9 EXTRA-EEC shipments
The recipient of an international shipment may be subject to import duties and taxes, which are collected once a shipment reaches your country. As a rule, additional additional costs for customs clearance must be borne by the recipient. We are not in control of these additional costs and cannot predict the amount.
Customs policies vary considerably from country to country. We therefore invite you to contact your local customs office for further information. Extra-EEC orders cannot be refunded due to customs problems.
6. PRODUCTS AVAILABILITY
6.1 The Client will be able to purchase only the products indicated in the electronic catalogue made available, and in the quantities held in stock as shown in real time mode.
6.2 Should the goods not be available ex stock in the quantities wanted by the Client, he will be able to contact the Supplier via e-mail in order to receive all information necessary on the product and on the timing envisaged for stock provisioning of same.
7. RESPONSIBILITY
7.1 The Supplier will not be held responsible for inefficiencies attributable to causes of force majeure and/or for fortuitous instances such as incidents, thefts and/or robberies involving the courier entrusted with the shipment, fires, explosions, strikes and/or shut-downs, earthquakes, floods and other similar events that might impede, totally or partially, the fulfilling of orders within the timing and modalities agreed upon at the stipulation of the contract.
7.2 Furthermore, the Supplier will not be responsible towards anyone as regards to damages, losses and costs sustained following the non-execution of the contract for the above-mentioned causes, since the Client will only have the right to the refund of the price paid, which will be the responsibility of the Forwarding Agent, who will therefore be the sole party responsible.
8. RIGHT OF WITHDRAWAL
If you have placed an order, you can cancel it by simply communicating it by e-mail to info@bottegaalcolica.com, as long as it has not yet been processed.
If you have purchased a product from us, you can exercise the right of withdrawal within 14 days from the date of delivery of the product.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from the purchase through a written notice sent by e-mail to info@bottegaalcolica.com, containing the data necessary to identify the order.
In case of exercising the right of withdrawal, you undertake to return the products received in full, in unaltered conditions and in the original packaging.
The products must not have been opened and the seals affixed to the bottles must be intact. Any damage or signs of use exceeding normal handling may result in a reduction of your refund or denial of your return request.
The right of withdrawal is instead excluded for products not delivered due to the absence of the Customer from the place of delivery and for those which, upon collection, are altered or deteriorated due to the delay caused by the Customer.
If you exercise the right of withdrawal according to the methods and terms set out above, any amount already paid for the products will be credited to you using the same payment method used on the website to complete the order.
Returns of products with Free Shipping: the Free Shipping characteristic identified in some of the products offered for sale is conditional on the final purchase of the product and in no case implies that there are no shipping costs for these products, but that this cost is free for the user or purchaser and totally assumed by the Site and is linked and directly conditioned by the final purchase of the product.
In cases of returns of products identified with this free shipping feature and for the reasons set out above, the Site will deduct from the total amount to be credited and corresponding to the return of the products, the amount of the shipping costs deriving from the original shipment of the order and which has been assumed by the Site, as a result of not being effective the final purchase of the product to which this characteristic is conditioned. In general and for shipments within the EEC, in these cases a maximum shipping cost of 15.90 euros is established for the first kilo of weight plus 3.30 euros for each additional kilo of weight, taking the reference weight the greater of the values between the actual weight and the volumetric weight of the shipment.
8.1 The refund is made in the shortest possible time, and in any case within 14 days from the date on which FDP S.r.l., having received notice of the withdrawal from the Customer, receives the ordered goods intact and in the original packaging at the following address: Via Buozzi 21/27 - 20072 Pieve Emanuele (MI).
The costs of returning the product to FDP S.r.l. they are non-refundable and remain your responsibility by law, unless otherwise indicated.
We recommend using a trackable and insured shipping method to ensure the product is returned to us safely.
Any complaint must be addressed to FDP S.r.l. by sending an email to info@bottegaalcolica.com.
9. COMPANY PURCHASES
9.1 The Supplier supplies the products on catalogue also to << professional clients >>, resellers, natural persons, public or private corporate bodies, unrecognized collective entities that have an autonomous legal subjectivity, who, in concluding the contract, act within the scope of their professional or entrepreneurial activity.
9.2 In the case of orders of particular entity, the Professional can directly contact the supplier company through fax no. 02 / 57501306 and/or e-mail address info@bottegaalcolica.it.
10. WARRANTY
10.1 All products sold by the Supplier are covered by the official manufacturer’s warranty: minimum validity of 24 months for the Consumer (a natural person that purchases the goods for purposes unconnected with his own professional activity); 12 months for purchases made by private or public companies or by natural persons for professional purposes and, in any case, by persons provided with VAT registration number, as envisaged by article 1. In those instances in which a warranty with a duration exceeding 12 months is specified, the indicated duration will apply.
In order to exercise the right to the above-mentioned warranty, the Client will have to keep the invoice that will accompany the goods at the time of delivery.
10.2 The warranty applies to the product that will show compliance defects and/or malfunctions that will not have emerged upon purchase, on condition that the product itself has been utilized correctly and with due diligence, in other words in conformity to its usage destination and in compliance with the provisions provided in the eventual attached documentation.
11. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
11.1 The Supplier has the right of terminating the stipulated contract by providing simple notification to the Client with adequate and justified motivations; in this case the Client will have the right, exclusively, to the refund of the amount that will eventually have been paid.
The Client has the right of cancelling the contract within 24 hours from the order, by giving prompt communication to the customer service via e-mail address info@bottegaalcolica.com.
11.2 The obligations assumed by the Client with the present contract are of an essential character, by express agreement; the non compliance by the Client of even one only of said obligations will cause the automatic termination of the contract in compliance with art. 1456 of the civil code, without prejudice to the right of the Supplier to resort to legal action for the indemnification of further damages suffered.
12. GIURISDICTION AND COMPETENT COURT
12.1 The sales contract between the Client and the Supplier is intended as stipulated in Italy and is governed by Italian Law.
12.2 For the solutions of civil and penal disputes deriving from the stipulation of the present remote sales contract, the territorial competence is exclusively that of the Court in whose precinct the Consumer has his domicile, if this is within the Italian State territory. For Professional clients it is agreed that all disputes will be the exclusive competence of the Court of Milano.
13. COMPLIANCE WITH THE GENERAL DATA PROTECTION REGULATION (GDPR)
This communication concerns the processing of your personal data by FDP S.r.l. in compliance with EU Regulation 2016/679 (GDPR)
13.1 Identity and contact details of the data controller.
- The data controller of your personal data is FDP S.r.l., with administrative headquarters in Via Bruno Buozzi 21/27 - 20072 Pieve Emanuele (MI), VAT number IT12485380153, REA MI 1564599. You can contact us for any question relating to the processing of your personal data using the following contact details:
- Email address: info@bottegaalcolica.com
- Telephone number: +39 3516233773
- Postal address: Via Bruno Buozzi 21/27 - 20072 Pieve Emanuele (MI)
13.2 Purpose and legal basis of the processing of personal data:
- Your personal data will be processed by FDP S.r.l. for the following purposes:
- Fulfillment of orders and supply of the requested products/services;
- Management of financial transactions and billing;
- Communications relating to the order, product/service updates or technical information;
- Providing customer support and resolving any complaints or issues;
- Fulfillment of legal obligations or requests from the competent authorities.
The processing of your personal data is based on the need to fulfill the contract between you and FDP S.r.l. or to fulfill legal obligations to which FDP S.r.l. it is subject. In some cases, we may ask for your explicit consent to process certain categories of personal data.
13.3 Categories of personal data processed: FDP S.r.l. may collect and process the following categories of personal data:
- Contact information (name, address, telephone number, email address, etc.);
- Payment data (credit card information, bank details, etc.);
- Information on the order or on the use of the products/services;
- Identification information (date of birth, ID number, etc.) when required for specific purposes.
13.4 Storage of personal data:
- FDP S.r.l. will keep your personal data exclusively in European territory and for the period strictly necessary to achieve the purposes for which they were collected, unless their retention for a longer period is required or permitted by law.
13.5 Rights of the interested party:
In accordance with the GDPR, you have the right to:
- Access your personal data and obtain information on their treatment;
- Request rectification or updating of your personal data;
- Request the deletion of your personal data (in compliance with the exceptions provided by law);
- Request the limitation of the processing of your personal data;
- Object to the processing of your personal data;
- Request the portability of your personal data.
To exercise your rights, ask questions or make complaints regarding the processing of your personal data by FDP S.r.l., you can contact us using the contact details provided above.
13.6 Supervisory authority:
- You have the right to lodge a complaint with the competent data protection supervisory authority if you believe that the processing of your personal data by FDP S.r.l. violates the provisions of the GDPR.
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