1. SUBJECT MATTER AND DEFINITION OF THE ONLINE CONTRACT
1.1 An “online contract” means a distance contract concerning the purchase of goods and/or services entered into between FDP SRL, with registered office at Via Stresa No. 18, 20125 Milan, hereinafter referred to as the “Supplier”, registered with the Milan Companies Register under No. 2650777 and VAT No. 12274200968, and a consumer customer or professional customer, within a distance selling system organised by the Supplier which, for the purposes of such contract, exclusively uses Internet technology. All contracts shall therefore be concluded directly through the Customer's access to the website bottegaalcolica.com.
1.2 A consumer customer, hereinafter referred to as the “Consumer”, means exclusively a natural person who enters into the contract for purposes unrelated to any business or professional activity that he or she may carry out.
1.3 A professional customer, hereinafter referred to as the “Professional”, means a natural person, public or private legal entity, or unrecognised collective entity with independent legal personality which, when entering into the contract, acts within the scope of its professional or business activity.
1.4 “Customer” simply means the purchaser in general, whether a Consumer or a Professional.
2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE AND CUSTOMER OBLIGATIONS
2.1 The contract between the Supplier and the Customer shall be deemed concluded upon acceptance, even partial, of the order by the Supplier. Such acceptance shall be deemed tacit unless otherwise communicated to the Customer in any form.
By placing an order using any of the available methods, the Customer declares that he or she has read all the information provided during the purchasing process and, consequently, fully accepts the general terms and conditions and payment terms set out below.
2.2 It is strictly prohibited to enter false and/or fictitious personal data in the data collection forms required to process the order. It is also prohibited to enter third-party data or to make multiple registrations relating to the same Customer. The Supplier reserves the right to take legal action against any infringement or abuse in the interest and for the protection of all Customers.
2.3 If the Customer is a Consumer, once the online purchasing process has been completed, the Customer shall print or save an electronic copy and, in any event, retain these General Terms and Conditions of Sale in accordance with Articles 3 and 4 of Italian Legislative Decree 185/1999 concerning distance sales. The submission of the order confirmation therefore implies full knowledge and complete acceptance of these conditions.
2.4 Any right of the Customer to claim damages or compensation from the Supplier is excluded, as is any contractual or non-contractual liability of the Supplier for direct or indirect damage to persons and/or property caused by the failure to accept, even partially, an order.
3. SALE PRICES AND PURCHASING METHODS
3.1 All sale prices of products displayed and indicated on bottegaalcolica.com, which constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code, include VAT. Shipping and packaging costs shall be added to these prices.
Prices may change at any time without the Supplier being required to provide prior notice. In any event, once an order for a product has been placed, its price shall not be subject to any change.
Transport costs, both domestic and international, duly indicated on the relevant page of the website, which the Customer is responsible for viewing before confirming the purchase, shall be borne entirely by the Customer.
In the event of delivery abroad, any additional costs arising from taxes or duties required by the legislation in force in the country of destination shall also be borne by the Customer.
3.2 The Customer may purchase only products included in the catalogue at the time the order is submitted and available online at bottegaalcolica.com, as described in the relevant product information sheets.
It is understood that the image accompanying a product description may not perfectly represent the actual characteristics of the product.
4. PAYMENT METHODS
4.1 Credit card: when using this payment method, upon completion of the online transaction, all financial information, including card number, expiry date, etc., shall be automatically transmitted via an encrypted protocol to the relevant Banking Institution, which shall charge the amount relating to the purchase to the Customer's account.
4.2 In the event of cancellation of the order, either by the Customer as described in Article 8 below or by the Supplier due to non-acceptance of the order, cancellation of the transaction shall be requested.
Once the transaction cancellation procedure has been carried out, under no circumstances may the Supplier be held liable for any direct or indirect damage caused by a delay in completing such operation.
4.3 The Supplier reserves the right to request that the Customer provide a copy of identification documents proving ownership of the credit card used for payment. In the absence of the requested documentation, the Supplier may refuse to accept the order and, consequently, may not conclude the contract.
4.4 At no point during the purchasing process is the Supplier able to access information relating to the purchaser's credit card, as such information is transmitted via a secure connection directly to the website of the Banking Institution handling the transaction.
No computer archive belonging to the Supplier shall retain such data. The Supplier therefore cannot, under any circumstances, be held liable for fraudulent or unlawful use of credit cards by third parties when payment is made for purchased products.
5. SHIPPING AND DELIVERY METHODS
5.1 Shipping and delivery
The Supplier shall deliver the selected and ordered products to Customers at the address specified at the time of the order, in accordance with the methods set out in this Article, using Poste Italiane or trusted couriers and/or forwarding agents.
The contract shall be deemed completed upon delivery of the goods by the Supplier to the courier. For this reason, the Supplier shall not be liable for failure or delay in delivery or for total or partial damage to the goods. Only the courier responsible for the shipment shall be liable.
5.2
Upon delivery of the goods by the Courier, the Customer is required to check:
- that the quantity of goods ordered corresponds to that indicated in the transport document;
- that the packaging is intact, undamaged, not wet and, in general, has not been altered, including the sealing materials.
Any damage must be immediately reported to the courier making the delivery. Once the courier's document has been signed, the Customer may no longer raise any objection concerning the external characteristics of the goods delivered.
5.3 Delivery times
The Courier undertakes to deliver the goods within three days following the day of shipment within Italy. For shipments abroad, delivery times vary depending on distance.
If shipment is carried out using another courier, delivery times shall never exceed those provided for under Article 6 of Italian Legislative Decree 185/99, namely 30 days from the date of the order and/or receipt of payment where the product is available in stock.
The aforementioned delivery times refer to products available in the warehouse at the time of the order.
5.4 Delivery delays
Any delays in the delivery of the goods may not be attributed to the Supplier.
Likewise, under no circumstances may the Supplier be held liable for damage caused by Poste Italiane or another Courier in connection with the delayed delivery of the goods to the Customer or third parties, it being understood that the contract is deemed completed when the goods are handed over to the courier.
5.5 Failed delivery
If the Courier does not find anyone at the specified address when attempting delivery, the goods shall be deposited at the facility indicated on the notice left at the delivery address.
After ten days of storage, the goods shall be returned to the Supplier and the Customer shall not be entitled to assert any right in this respect. All direct and indirect costs shall be borne entirely by the Customer.
The Supplier shall retain the payment for the goods as a penalty, without prejudice to any additional damages incurred.
Should the Customer request that the Supplier resend the ordered and paid products that could not be delivered, the Customer must immediately submit a request by email to info@bottegaalcolica.com.
All costs shall be borne by the Customer, together with any additional damages incurred by the Supplier.
5.6 Delivery and packaging costs
These costs are borne by the Customer and are clearly and separately stated from the price of the goods or services when the order is placed, as already provided for in Article 3 above.
5.7 Invoice
For each order placed on bottegaalcolica.com, the Supplier issues an accompanying invoice listing all the items shipped, which is placed in a sealed envelope and sent together with the goods.
The information provided by the Customer when placing the order shall be used for the purpose of issuing the invoice.
5.8
Any discrepancy between the goods ordered and those delivered must be promptly reported to the Supplier.
5.9 NON-EU shipments
The recipient of an international shipment may be subject to import duties and taxes, which are charged once the shipment reaches the destination country.
As a general rule, any additional customs clearance costs shall be borne by the recipient. We have no control over such additional costs and cannot predict their amount.
Customs policies vary considerably from country to country. We therefore recommend contacting your local customs office for further information.
NON-EU orders shall not be eligible for refunds due to customs-related issues.
6. PRODUCT AVAILABILITY
6.1 The Customer may purchase only the products listed in the electronic catalogue and in the quantities actually available in the warehouse in real time.
6.2 If the goods are not available in stock in the quantities requested by the Customer, the Customer may contact the Supplier by email to obtain all necessary information regarding the product and the expected time required for restocking.
7. LIABILITY
7.1 The Supplier accepts no liability for service disruptions attributable to force majeure and/or unforeseen events, including accidents, theft and/or robbery involving the courier responsible for delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, performance of the contract within the agreed timeframes and in the agreed manner.
7.2 The Supplier shall likewise not be liable to any party for damages, losses or costs incurred as a result of failure to perform the contract due to the causes referred to above, with the Customer being entitled only to reimbursement of the price paid by the Forwarding Agent, as the sole responsible party.
8. RIGHT OF WITHDRAWAL
If you have placed an order, you may cancel it by simply notifying us by email at info@bottegaalcolica.com, provided that the order has not yet been processed.
If you have purchased a product from us, you may exercise your right of withdrawal within 14 days from the date on which the product is delivered.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from the purchase by sending written notice by email to info@bottegaalcolica.com, including the information required to identify the order.
If you exercise your right of withdrawal, you undertake to return all products received in an unchanged condition and in their original packaging.
The products must not have been opened and the seals on the bottles must remain intact. Any damage or signs of use exceeding normal handling may result in a reduction of the refund or rejection of the withdrawal request.
The right of withdrawal is excluded for products that have not been delivered due to the Customer's absence from the delivery address and for products that, when collected, are found to have been altered or deteriorated as a result of a delay caused by the Customer.
If you exercise your right of withdrawal in accordance with the methods and time limits indicated above, any amount already paid for the products shall be refunded using the same payment method used on the website to complete the order.
Returns of products with Free Shipping: the Free Shipping feature identified for some of the products offered for sale is conditional upon the final purchase of the product and does not under any circumstances mean that there are no shipping costs associated with these products. Instead, such shipping costs are free of charge to the user or purchaser and are fully borne by the Website, being directly linked to and conditional upon the final purchase of the product.
In the event that products identified as having this Free Shipping feature are returned for the reasons set out above, the Website shall deduct from the total amount to be refunded for the returned products the shipping costs relating to the original shipment of the order that were borne by the Website, since the final purchase of the product to which this benefit was conditional has not taken place.
In general, for shipments within the EEC, in these circumstances a maximum shipping cost of EUR 15.90 shall apply to the first kilogram of weight, plus EUR 3.30 for each additional kilogram, using as the reference weight the greater of the actual weight and volumetric weight of the shipment.
8.1
The refund shall be made as soon as possible and, in any event, within 14 days from the date on which FDP S.r.l., having received notice of the Customer's withdrawal, receives the ordered goods intact and in their original packaging at the following address:
Via Fumagalli 45
20065 Inzago (MI)
Italy
The costs of returning the product to FDP S.r.l. are non-refundable and shall, by law, remain at your expense unless otherwise indicated.
We recommend using a tracked and insured shipping method to ensure that the product is safely returned to us.
Any complaint should be addressed to FDP S.r.l. by email at info@bottegaalcolica.com.
In any event, the Supplier shall not be liable in any way for damage, theft or loss of goods returned using uninsured shipping methods.
9. BUSINESS PURCHASES
9.1 The Supplier also supplies the products listed in its catalogue to “professional customers”, resellers, natural persons, public or private legal entities and unrecognised collective entities with independent legal personality which, when entering into the contract, act within the scope of their professional or business activity.
9.2 In the case of particularly large orders, the Professional may contact the Supplier directly by email at info@bottegaalcolica.com.
10. WARRANTIES
10.1 All products sold by the Supplier are covered by the manufacturer's official warranty: a minimum period of 24 months for Consumers (natural persons purchasing goods for purposes unrelated to their professional activity); 12 months for purchases made by private or public companies or by natural persons for professional purposes and, in any event, by VAT-registered customers, as provided for in Article 1.
Where a warranty lasting more than 12 months is specified, the stated duration shall apply.
To benefit from the aforementioned warranty, the Customer must retain the accompanying invoice received upon delivery.
10.2 The warranty applies to products presenting conformity defects and/or malfunctions that could not be detected at the time of purchase, provided that the product has been used correctly and with due care, namely in accordance with its intended purpose and the requirements contained in any accompanying documentation.
11. TERMINATION OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE
11.1 The Supplier shall have the right to terminate the contract by simply notifying the Customer and providing adequate and justified reasons. In such circumstances, the Customer shall be entitled exclusively to reimbursement of any amount already paid.
The Customer shall have the right to cancel the contract within 24 hours of placing the order by promptly notifying customer service by email at info@bottegaalcolica.com.
11.2 The obligations assumed by the Customer under this contract are essential. It is therefore expressly agreed that the Customer's failure to comply with even one of these obligations shall result in the automatic termination of the contract pursuant to Article 1456 of the Italian Civil Code, without prejudice to the Supplier's right to take legal action to claim compensation for any additional damages incurred.
12. JURISDICTION
12.1 The sales contract between the Customer and the Supplier shall be deemed concluded in Italy and governed by Italian law.
12.2 For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, territorial jurisdiction shall lie exclusively with the court within whose district the Consumer is domiciled, provided that such domicile is located within Italian territory.
For Professional Customers, it is agreed that any dispute shall fall within the exclusive jurisdiction of the Court of Milan.
13. COMPLIANCE WITH THE GENERAL DATA PROTECTION REGULATION (GDPR)
This notice concerns the processing of your personal data by FDP S.r.l. in accordance with Regulation (EU) 2016/679 (GDPR).
13.1 Identity and contact details of the Data Controller
The Data Controller responsible for processing your personal data is FDP S.r.l., with administrative headquarters at Via Stresa 18, 20125 Milan, VAT No. IT12274200968, REA MI-2650777.
You may contact us regarding any matter relating to the processing of your personal data using the following contact details:
- Email address: info@bottegaalcolica.com
- Telephone number: +39 3516233774
- Postal address: Via Stresa 18, 20125 Milan, Italy
13.2 Purposes and legal basis for processing personal data
Your personal data shall be processed by FDP S.r.l. for the following purposes:
- processing orders and providing the requested products/services;
- managing financial transactions and invoicing;
- communications relating to orders, product/service updates or technical information;
- providing customer support and resolving any complaints or issues;
- complying with legal obligations or requests from the competent authorities.
The processing of your personal data is based on the need to perform the contract between you and FDP S.r.l. or to comply with legal obligations to which FDP S.r.l. is subject.
In certain cases, we may request your explicit consent to process specific 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 information (credit card information, banking details, etc.);
- information relating to orders or the use of products/services;
- identification information (date of birth, identity document number, etc.) where required for specific purposes.
13.4 Retention of personal data
FDP S.r.l. shall retain your personal data exclusively within European territory and only for the period strictly necessary to fulfil the purposes for which it was collected, unless a longer retention period is required or permitted by law.
13.5 Rights of the Data Subject
In accordance with the GDPR, you have the right to:
- access your personal data and obtain information about its processing;
- request the rectification or updating of your personal data;
- request the deletion of your personal data, subject to the exceptions provided for by law;
- request restriction 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 submit complaints concerning the processing of your personal data by FDP S.r.l., you may 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. infringes the provisions of the GDPR.