1. SITE NAME AND DOMAIN NAME OWNERSHIP.
These General Terms and Conditions of Sale ("GTC") govern the offer and sale of products on this website www.birramia.it. The Site is owned by ENTERPRISE s.r.l., with registered office at Via Ciocche 943 H, 55047 Querceta (LU), VAT no. 02207750460, which is also the owner of the domain name.
2. SCOPE OF THE GTCS AND SITE NAVIGATION
The offer and sale on the Site of the Products constitute a distance contract governed by Articles 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.
These General Conditions of Sale apply to all sales made by ENTERPRISE s.r.l. on the Site.
The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment they are published on the Site in the "Conditions of Sale" section. Users are therefore invited to regularly access the Site and consult the most up-to-date version of the General Conditions of Sale before making any purchase.
The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.
3. SITE PURCHASES
The purchase of Products on the Site is made after registration on the Site, in the manner set forth in Article 4 below, and is permitted both to users who have the quality of consumers and to users who do not have this quality. Natural persons are allowed to purchase only on condition that they are eighteen years of age or older.
Pursuant to art. 3, I paragraph, lett. a) of the Consumer Code, it is recalled that the quality of consumers are those individuals who, in relation to the purchase of the Products, are acting for purposes unrelated to the entrepreneurial, commercial, professional or craft possibly carried out.
Finally, ENTERPRISE s.r.l. reserves the right to refuse or cancel orders that come:
(1) from a user with whom it has an ongoing legal dispute;
(2) from a user who has previously violated these GTC and/or the conditions and/or terms of the purchase agreement with the Seller Company;
(3) by a user who has been involved in fraud of any kind and, in particular, credit card payment fraud;
(4) by users who have issued false, incomplete or otherwise inaccurate identification data or who have failed to promptly send Enterprise s.r.l. the documents requested by it as part of the procedure referred to in Article 10 below or who have sent it invalid documents.
You can order any product on our Site through the electronic shopping cart, after registering on the Site (creating an account). It is important that when you place your order, you enter all the personal information requested in the form, including your social security number , an available telephone number with which to contact you, and your e-mail. Your data will be treated with the utmost respect for privacy, and are indispensable in order to give you a good service.
Confirmation of your order will be by e-mail response with details of the order placed.
Orders can also be placed by phone, although we still recommend that you go through online reservation to ensure product availability: you can then correct or clarify anything by phone during our office hours and the product will still be reserved for you!
4. SITE REGISTRATION
Registration credentials (e-mail address and password) must be kept with extreme care and attention. They may be used only by the user and may not be given to third parties. The user agrees to keep them secret and to ensure that no third party has access to them. He also agrees to immediately inform ENTERPRISE s.r.l., by contacting it at the number indicated on the site, if he suspects or becomes aware of any misuse or improper disclosure of them.
The Registered User warrants that the personal information provided during the procedure of registration to the Site is complete and true and agrees to hold ENTERPRISE s.r.l. harmless and indemnified from any damages, compensatory obligations and/or penalties arising from and/or in any way related to the violation by the user of the rules on registration to the Site or the storage of registration credentials.
5. INFORMATION DIRECTED TO THE CONCLUSION OF THE ONLINE CONTRACT
In accordance with Legislative Decree 9 April 2003, No. 70 laying down provisions on electronic commerce, ENTERPRISE s.r.l. informs the user that:
1. in order to conclude the contract for the purchase of one or more Products on the Site, the user must fill out a form in electronic format and transmit it to ENTERPRISE s.r.l., electronically, by activating the appropriate command where the obligation to pay is specified, following the instructions that will appear from time to time on the Site, and accepting the General Conditions of Sale;
2. the contract is concluded when the order form reaches the server which ENTERPRISE s.r.l. uses;
3. before proceeding to the transmission of the order form, the user can identify and correct any errors in data entry by following the instructions on the Site;
4. once the order form has been registered and received confirmation of the validity of the means of payment used, ENTERPRISE s.r.l. will send the user to the e-mail address indicated confirmation of the order containing information relating to the essential characteristics of the product purchased, a detailed indication of the price, the means of payment used, delivery charges and any additional costs;
5. the order form will be stored in the database of ENTERPRISE s.r.l. for the time necessary for the execution of the same and, in any case, within the terms of the law.
6. PRODUCT AVAILABILITY
Within the Product Sheet will be information regarding the availability of each Product. The availability of Products is updated in real time. However, since the Site may be visited by several users at the same time, it could happen that several users purchase, at the same instant, the same Product. In such cases, therefore, the Product could be, for a short period of time, available, being instead out of stock or not of immediate availability, being for the same necessary to wait for restocking. If the Product turns out to be no longer available for the reasons indicated above or in the other cases of supervening unavailability of the Product, without prejudice to the rights attributed to the user by law, ENTERPRISE s.r.l. will immediately notify the user by e-mail, proposing valid alternative solutions or agreeing on a new delivery date, which will depend on the timing of the reassortment of the Product in question.
7. PRODUCT INFORMATION
Each product is accompanied by an information sheet explaining its main features. The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the products. The colors of the products, however, may differ from the real ones due to the settings of the computer systems or computers used by users to view them. Product images in the product sheet, moreover, may differ in size or in relation to any accessory products. Such images should therefore be understood as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the user shall be deemed authentic.
All product prices published on the Site are in Euros and are inclusive of Value Added Tax (VAT included).
ENTERPRISE s.r.l. reserves the right to change the price of the products, at any time, without prior notice, it being understood that the price charged to the user will be the one indicated on the Site at the time the order is placed and that no account will be taken of any variations (upward or downward) subsequent to the transmission of the same.
In the event that a product is offered on the Site at a discounted price, the product sheet will indicate (1) the full reference price against which the discount is calculated and (2) what such full reference price corresponds to. It is understood that the offer of products at discounted prices will be made only in the event that the full reference price of the product corresponds to the actual market price of the product. In the event that no indication is included, it shall be understood that the full reference price is the price at which the product was previously sold on the Site.
Please note that discounts cannot be combined with promotion items and fermentation kits.
9. PURCHASE ORDERS
At www.birramia.it there is NO minimum purchase amount
Ownership of the products will be transferred to the buyer at the time of shipment, to be understood as the time of delivery of the Product to the carrier. Risk of loss of or damage to the Products, on the other hand, will be transferred to you when you, or a third party designated by you and other than the carrier, acquire physical possession of the Products.
In order to submit a purchase order, you must read and approve these GTC by checking the appropriate box on the purchase process pages. Failure to accept the GTC will result in your inability to make purchases from the Site.
Order processing typically takes about two working days (so excluding Saturdays, Sundays and holidays) counted from the morning after the order is received, although at particular times of the year or due to the lack of some products it may take a few extra days. We will, however, be sure to contact you by phone to make material changes with products as suitable as possible to your need.
Please note then that from the time of shipment, our couriers need 24-48 working hours (72 hours for islands) to be able to make deliveries . Tracking of your package will be sent to you directly by our courier so that we can give you the updated status of your order.
10. METHOD OF PAYMENT
Payment for products purchased on the Site can 'be made by credit card, cash on delivery, Paypal and bank transfer. Online payment is made through a secure server (SSL 128 bit and Verified by VISA and Mastercard SecureCode protocols) managed by Keyclient in such a way as to guarantee the security of transactions.
For details about the different Methods of Payment, please refer to the Payment Section inside the HELP AREA.
11. PRODUCT SHIPMENTS
ENTERPRISE s.r.l. currently uses Bartolini BRT and SDA Express Courier as its express couriers for its shipments.
For full details on Transportation, Order Tracking, and Shipping Charges, please refer to the dedicated Shipping page.
12. PRODUCT DELIVERY AND PICKUP
You acknowledge that collection of the product is your specific obligation under the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, the courier will leave in the mailbox a notice of passage containing the number to contact him. The courier will then make a second delivery attempt the next day. After two unsuccessful delivery attempts, an attempt will be made to contact the Customer by telephone. If this attempt is also unsuccessful, the package will go "into storage" at the courier company. The user is required to pick up the Product within eight calendar days starting from the second day after the day on which the Notice of Passage was left. In the event that the user does not withdraw the product within this period, the purchase contract will be considered 'terminated by right pursuant to and for the purposes of art. 1456 Civil Code. ENTERPRISE s.r.l. will then proceed, within 15 working days after the termination of the contract, to refund the Total Amount Due paid by the user, less the costs of the delivery of the Product failed, the costs of Additional Services to Delivery, if any, the costs of storage, the costs of return to ENTERPRISE s.r.l. and any other expenses that it has incurred due to non-delivery caused by the absence of the recipient. The amount of the refund will be communicated to the user by e-mail and credited to the same means of payment used by the user for the purchase. After the second unsuccessful delivery attempt, without prejudice to the user's obligation to pick up the product within the specified deadline, under penalty of termination of the contract, ENTERPRISE s.r.l. reserves the right to contact the user to invite him to pick up the package before the expiration of this deadline.
Upon receipt of the goods, we recommend that the user carefully check that the number of packages received is the same as the number indicated on the packages, that the packages are intact and that, by shaking them, there are no suspicious noises. In the event that any of the above conditions are not met, the customer must immediately dispute the shipment by indicating it in the document that will have to sign to the courier: in this case, the signature will be placed under "receipt with reserve" specifying the reason for the reserve (eg: punctured, opened packaging, etc..).
If the customer does not sign with reserve, the courier will consider 'the package delivered as intact in all its parts, so it will be' impossible for us to activate a procedure of dispute / refund against the courier itself. In the event that the package shows obvious signs of tampering or alteration, it is also recommended to the user to give prompt notice to ENTERPRISE s.r.l.. This is without prejudice, in any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity. In the event that one or more products are damaged, please promptly notify ENTERPRISE s.r.l. to request a verification of the causes. Any return will have to be authorized by us in advance, for this reason the user is requested to contact us at 0584/752540 (or by e-mail at ) to request the Return Form.
13. RIGHT OF WITHDRAWAL (D.L. 50/92-185/99)
Can 'take advantage of the right of withdrawal only the consumer who makes the purchase as' private (ie without VAT), and not those who buy for their business' professional, this right must be exercised within 14 days of delivery of the goods, by registered mail with acknowledgment of receipt, at the same time as the return of the goods intact, in original packaging and complete with all its parts, to the company ENTERPRISE s.r.l. -Via Ciocche 943/H - 55047 QUERCETA (LU).
To exercise the right of withdrawal, the user must inform ENTERPRISE s.r.l., before the expiration of the withdrawal period, of its decision to withdraw. To this end, the user may:
(a) use the model withdrawal form ("Model Withdrawal Form") made available to you on the Site.
(b) submit any other explicit statement of its decision to withdraw from the contract ("Withdrawal Statement").
You have exercised your right of withdrawal within the withdrawal period if the communication regarding the exercise of the right of withdrawal (i.e., the Type of Withdrawal Form or the Declaration of Withdrawal) is sent by the consumer before the expiration of the withdrawal period. In the event that the consumer makes use of the Declaration of Withdrawal, the consumer is asked to indicate in the Declaration of Withdrawal the order number, the product(s) for which he/she intends to exercise the right of withdrawal and his/her address.
The Model Withdrawal Form or the Declaration of Withdrawal should be sent, by registered mail with return receipt, to the following address:
Via Ciocche 943/H,
55047 Querceta (LU)
Please note that, since the burden of proof relating to the exercise of the right of withdrawal before the expiration of the Withdrawal Period is on the user, it is in the user's interest to make use of a durable medium when communicating to ENTERPRISE s.r.l. its withdrawal.
You must return the products to ENTERPRISE s.r.l., using a carrier of your choice and at your own expense, without undue delay and in any event within the period of 14 calendar days from the date you notified ENTERPRISE s.r.l. of your decision to withdraw ("Return Period").
The Return Deadline is met if you return the products before the expiration of the fourteen-day period. The Product, properly protected and packed and in the original packaging, must be returned to the following address:
Via Ciocche 943/H,
55047 Querceta (LU)
To limit damage to the original package, we recommend that the goods be packaged appropriately.
The direct costs of returning products are borne by the user as well as the responsibility for transporting them.
As an alternative to the above methods of exercising the right of withdrawal and return of products, those who have taken advantage of point-of-sale delivery for the product for which they wish to withdraw may, after exercising the right of withdrawal within the withdrawal period, return the product to the point of sale within the deadline for the Return.
If the user withdraws from the contract, ENTERPRISE s.r.l. will refund the Total Amount Due paid by the user for the Product, within 30 days of receipt. Excluded from the refund are shipping charges and/or any incidental expenses.
Do not send goods COD as they will be rejected.
14. PROCESSING OF PERSONAL DATA
In compliance with Legislative Decree 196/03, your data will be used exclusively for the purpose of the execution of the order and will not be disclosed to third parties. By confirming your order you authorize ENTERPRISE s.r.l. to electronically process your personal data.
All products sold by ENTERPRISE s.r.l. are covered by the Manufacturer's Conventional Warranty and by the Legal Warranty of 24 months for conformity defects in accordance with DL 24/02, provided that the product itself has been used correctly, in accordance with its intended use and as provided in the attached technical documentation. This warranty may be asserted within two months of the discovery of the problem; to take advantage of warranty service, the customer must retain the purchase receipt.
A lack of conformity occurs when the purchased good:
1. is not fit for the use for which goods of the same type are ordinarily used;
2. does not conform to the description made by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model;
3. does not possess the usual qualities and performance of goods of the same type, which the consumer can reasonably expect, taking into account also the statements made in advertising or labeling;
4. is not suitable for the particular use intended by the consumer and which was brought to the seller's attention by the consumer at the time of the conclusion of the contract and which the seller has accepted.
Therefore, any failures or malfunctions caused by accidental facts or by the user's responsibility or by use of the product that does not conform to its intended use and/or to what is provided in the technical documentation attached to the product are excluded from the scope of the Legal Warranty.
The Conventional Warranty is voluntary in nature and does not add to, replace, limit or impair or exclude the Legal Warranty. The user may enforce this warranty only against the manufacturer. The duration, extension, including territorial, conditions and modalities of use, the types of damages/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so-called warranty certificate contained in the product packaging.
Repairs under warranty are carried out at our premises; for such repairs Enterprise SRL efefttuerà pickup and return of the good at its own expense if the repair is made within two months from the purchase of the good itself; after this period the shipping will be borne by the buyer, while Enterprise will take care of the reshipment.
16. APPLICABLE LAWS
The purchase contract concluded on the Site is governed by Italian law. It 'without prejudice to the application to consumer users who do not have their habitual residence in Italy of the provisions that may be more' favorable and mandatory provided by the law of the country in which they have their habitual residence, in particular in relation to the deadline for the exercise of the right of withdrawal, the deadline for the return of the Products, in case of exercise of this right, the procedures and formalities for the communication thereof and the legal guarantee of conformity. Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale is competent the court of the place where the user resides or has elected domicile. The user who resides in a member state of the European Union other than Italy, may, moreover, 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 Regulation (EC) No. 861/2007 of the Council, 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.
17. PURCHASES AT OUR OFFICE
ENTERPRISE s.r.l. sells its Products mainly through the website www.birramia.it. However, it is possible to pick up at our warehouse by choosing the word DIRECT COLLECT in the order placed online: in this way you will ensure that the goods are all available and reserved for you. Write in the order notes that you will come to pick up the order personally, also providing a phone number where you can be easily reached. The warehouse workers will then have time to prepare your order and will notify you as soon as the material is ready.
For merchandise pickup, we are open Monday through Friday with the following hours:
09:00-13:00 e 14:00-18:00
Remember that a visit from you always pleases us, so we will get to know you!
For any further questions or clarifications, please do not hesitate to contact us: by phone at 0584752540, or by e-mail at [email protected] .
Attachment - Type of Withdrawal Form
(to be sent by registered mail A.R.)
Spett.le ENTERPRISE s.r.l.
Via Ciocche 943/H,
55047 Querceta (LU)
Oggetto: Esercizio del Diritto di Recesso
(Luogo) ............................., lì (data) ........................
Il/La sottoscritto/a ……………………………………………….. intende avvalersi, in base al D. Lgs. 206/2005 art.52 e segg., del diritto di recesso in merito al contratto (o nota d'ordine) n. ................. sottoscritto in data ....................., attraverso il Vostro sito www.birramia.it.
Si richiede inoltre la restituzione della somma di euro ................., pagata con le seguenti modalita' (accredito bancario, vaglia, o restituzione degli effetti cambiari) entro 30 giorni dal ricevimento della presente.