GENERAL CONDITIONS OF SALE ONLINE TERMS AND CONDITIONS OF USE
DESCRIPTION OF SALE AND INFORMATION TO THE CONSUMER
The online sale from this site is addressed exclusively to qualified persons such as "consumers" that act for purposes not related to a professional activity (own or third party), older than 18 years, in accordance with current legislation. In compliance with the laws regarding the purchase of alcoholic products, Distilleria Prete reserves the right not to follow up orders from persons who do not comply with the age limits set by law for both the purchase and delivery of such products. In particular, Distilleria Prete does not sell alcoholic products to persons under the age of 18. By using the site, the customer guarantees, on the one hand, to be over the age of 18 years and, on the other hand, that the person who will receive the shipment, if different from the customer, will be over the age of 18 years. The general conditions of sale are listed below to describe the characteristics and prices of the goods, the purchase and payment procedures, the delivery terms and costs, as well as the conditions for the replacement of the products, the existence of the right of withdrawal with relative modalities and timing.
1. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
1.1 The contract between Distilleria Prete and the customer must be understood as concluded with the acceptance of the order by Distilleria Prete. Such acceptance is considered tacit, unless otherwise communicated in any manner to the customer. By placing an order in the various ways provided, the customer declares to have read all the information during the purchase procedure, and to fully accept the general conditions and payment below.
1.2 Once the online purchase procedure has been completed, the customer has the responsibility to print/save electronic copy and/or in any case keep these general conditions of sale.
2. METHOD OF PURCHASE
2.1 The customer may only purchase the products in the electronic catalogue at the time of placing the order, which can be viewed online at (URL) https://www.distilleriaprete.it, as described in the relevant information sheets. It is understood that the image accompanying the descriptive card of a product may not be perfectly representative of its characteristics but differ in color, size, products accessories shown in the picture. All information supporting the purchase are intended as simple generic information material, not related to the actual characteristics of a single product.
2.2 The correct receipt of the order is confirmed by Distilleria Prete through an e-mail reply, sent to the e-mail address communicated by the customer, which will contain a 'Customer Order Number', to be used in any further communication.
2.3 The message reproduces all the data entered by the customer, who undertakes to verify its correctness and to promptly communicate any corrections, as described below.
2.4 If, given the size of the catalogue and the amount of information contained in it, a sale price different from the actual one is erroneously generated by the site, Distilleria Prete will, through its Customer Service, advise the customer and possibly, if requested by the customer, to cancel the order.
2.5 In case stocks are exhausted - even temporary - Distilleria Prete may refuse the purchase request after notification to the customer, to whom it may also indicate any replacement products available. Unless the customer requests to purchase a product instead of the one that is out of stock, Distilleria Prete will refund any sums already paid by the customer as soon as possible and in any case no later than 14 days from the date on which the order was cancelled.
3. METHODS OF PAYMENT
3.1 The system allows the following payment methods:
a) credit card systems: Mastercard, Visa, Maestro cards are currently accepted. In case of purchase of goods by credit card, the transaction will be authorized at the time of the order. In case of cancellation of the order, for whatever reason, the cancellation of the transaction will be carried out at the same time, the timing of which depends exclusively on the banking system. Distilleria Prete cannot be held responsible in any case for any damage, direct or indirect, caused during the reimbursement of the amount (eg. delays, etc. ). Distilleria Prete reserves the right to request additional information from the customer to prove the ownership of the credit card used. If the customer does not provide it, Distilleria Prete also reserves the right not to accept / cancel the order. Please note that Distilleria Prete does not store the credit card information of the customer, transmitted via secure connection directly to the site of the bank that manages the transaction, and that therefore no computer archive of Distilleria Prete will retain such data. Distilleria Prete cannot therefore be held liable in any case for any fraudulent and undue use of credit cards by third parties;
b) by bank transfer on the following coordinates: Fineco Bank BRANCH: Siena IBAN: IT55B0301503200000003485532 - Please note that the purchased products will be shipped only at the time when the amount will be effectively and irrevocably credited to the current account indicated above.
c) via Paypal platform. It is specified that for this payment method the Distilleria Prete does not assume any responsibility, given that these are services provided directly by the platform in question. Please note that the purchased products will be shipped only when the sum is effectively and irrevocably credited to the Distilleria Prete .
d) via the Sumup platform. It is specified that for this payment method the Distilleria Prete does not assume any responsibility, given that these are services provided directly by the platform in question. Please note that the purchased products will be shipped only when the sum is effectively and irrevocably credited to the Distilleria Prete.
4. DELIVERY ARRANGEMENTS AND COSTS
4.1. Orders are processed from 9.00 to 17.00, Monday to Friday. Orders placed after 17.00 on Friday will be processed the following Monday.
4.2. Except as otherwise provided in the Order Form, the Distilleria Prete will ship the products purchased by the Customer, by courier, to the address indicated by the same, indicatively within 24 working hours from the acceptance of the Order. The delivery takes place no later than 30 days from the acceptance of the Order. The Distilleria Prete assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet, in the event that it fails to execute the Order within the timeframe provided for in the Contract.
4.3. If the purchased products are to be delivered outside the national territory, the Customer is responsible for the payment of any import charge and tax, and any customs duties and duties provided for by the legislation in force in the territory of destination of the products. The courier is responsible for the delivery. Distilleria Prete undertakes to collect any reports of failure or delay in delivery of the products. Any damage to the packaging and/or products, or the mismatch of the number of packages or indications, must be immediately challenged to the courier through specific indication on the delivery document. By signing the delivery document and in the absence of the aforementioned disputes, the Customer certifies the real material integrity of the products and the conformity of the delivery. The facts referred to in paragraph 1 of this article must be reported, by e-mail, to the Seller within 8 days of delivery, attaching the invoice (if issued) and the copy, due to the Customer, of the courier’s transport document.
4.4 It is the exclusive responsibility of the customer to carefully verify the data entered, which cannot be modified once the order has entered the shipping phase.
4.5 Where applicable, delivery costs shall be borne by the customer and shall be explicitly stated at the time of placing the order, unless there are specific promotions.
4.6 Distilleria Prete is not liable for any direct or indirect damage resulting from delays in shipment and/or delivery.
5.1 Unless explicitly indicated by the Customer Service of Distilleria Prete, the costs of shipping is “cash on delivery”
5.2 At the time of delivery of the goods by the courier, the customer is required to check: - that the number of packages delivered corresponds to what may be indicated by e-mail or other means by Distilleria Prete; - that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials (adhesive tape or metal straps). Any damage to the packaging and/ or the product must be immediately contested, by placing WRITTEN CHECK RESERVE on the courier’s consignment note . Once signed the courier document without reservation, the customer will not be able to oppose any dispute about the external characteristics of the package delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 5 days of delivery to Customer Service at firstname.lastname@example.org .
5.3 In the case of delivery without success, the courier will leave a written notice indicating the references to agree on the new delivery. In case the return is not successful, the courier will return the package to Stefano Prete - Distilleria Prete, and the order will be automatically cancelled. In this case, the customer will be returned the value from the same advance less shipping costs (return and storage practice).
6. RIGHT OF WITHDRAWAL
6.1 Pursuant to art. 52 of Italian Legislative Decree no. 206/2005, the customer (that is a natural person who purchases the goods for purposes not related to his professional activity) has the right to withdraw from the contract for any reason, without any explanation and without any penalty, except for the types of products for which this is expressly excluded (cf. art. 59 of Italian D.lgs. 206/2005) and except as indicated in point 6.2 below.
6.2 The right of withdrawal can be exercised within 14 days of receipt of the product in the following ways: - sending by the customer of a registered letter with receipt to the address: Stefano Prete - Distillery Priest - return office, via Grotticella 26, 03019, Supino (FR) - sending a PEC to email@example.com that the customer must include in the return form that he will receive from Distilleria Prete by email (firstname.lastname@example.org) or by mail. The return of the product must take place at the headquarters of via Grotticella 26, 03019, Supino (FR) within 14 days from the date of receipt of the return authorization number. Returns without re-entry authorization will not be accepted. It is the customer’s responsibility to contact the Distilleria Prete at the addresses indicated above and to agree on the withdrawal of the products to be returned: Distilleria Prete will then send its courier for the collection, with expenses charged to the customer.
6.3 The right of withdrawal applies to the following conditions: - the purchased product must be returned in its entirety: it is not possible to exercise withdrawal only on part of the purchased product (eg: accessories, etc.); - the purchased item must be intact and returned in its original packaging, complete in all its parts (including cases, packaging and any documentation and accessories: manuals, etc.). Being fragile products, the customer needs to ensure all necessary precautions and attention to avoid damage during transport, properly packing all products. Distilleria Prete recommends, whenever possible, to insert the products in a second box, on which to affix the label provided and bearing the acceptance number to the return. In all cases, labels or adhesive tapes should not be placed directly on the original product packaging. The product is transported under the complete responsibility of the customer, and this until arrival at the warehouse of Distilleria Prete.
6.4 In case of damage to the purchased product during transport, Distilleria Prete will provide immediate communication to the customer. The product will be made available to the customer and the withdrawal request will be cancelled. Distilleria Prete is not liable in any way for damage, theft/loss, etc. of goods sent by the customer for return.
6.5 If the return procedure is properly completed, Distilleria Prete will refund the customer the full amount paid within 14 days of receipt of the withdrawal notice, by cancellation of the amount charged by credit card or bank transfer to the coordinates communicated by the customer. The refund procedure will be suspended until the products are returned to Distilleria Prete. The costs related to the return of the product are charged to the customer, and may be deducted from the amount due to the same as a refund.
6.6 The right of withdrawal is excluded with regard to: - the supply of goods that risk deteriorating or expire rapidly; - the supply of sealed goods which do not lend themselves to return for hygienic or health protection reasons and were opened after delivery; - damage to the product; - personalised products. In the event of forfeiture of the right of withdrawal, Distilleria Prete will provide the relative communication via e-mail. The right of withdrawal does not belong in any way to persons other than the "consumer" under the law and therefore does not belong to professionals, restaurants, hotels and similar.
7.1 All products sold by Distilleria Prete are covered by warranty for a period of 24 months from the date of delivery. It is understood that in relation to perishable products the guarantee will be effective only until the expiry date indicated on the packaging of the product itself.
7.2 In order to benefit from the guarantee, the customer must keep the transport document, the purchase receipt and the tax receipt that he/she will receive at home.
7.3 The warranty applies to products with a lack of conformity, provided that the product is used correctly, in compliance with its intended use and with the information on the site. This guarantee is reserved to the private consumer (person who purchases the goods for purposes not related to his professional activity) and is instead expressly excluded for subjects other than the "consumer" in accordance with the law and therefore does not fall to professionals, restaurant companies, hotels and similar. In case of lack of conformity, Distilleria Prete shall, at its own expense, restore the conformity of the product by repair/ replacement. If this is not possible, it may at its discretion propose to the customer a price reduction or the termination of the contract, with refund of the sums already paid.
7.4 No damage can be requested from Distilleria Prete for any delays in carrying out repairs or replacements.
7.5 If it is necessary to return the product, it must arrive in the original packaging, complete in all its parts (including cases, packaging and any documentation and accessory equipment: manuals, accessories, etc.); to limit damage to the original packaging, it is recommended, when possible, to insert it in a second box. In all cases, labels or adhesive tapes should not be placed directly on the original product packaging.
9. COMPLAINTS - APPLICABLE LAW AND JURISDICTION
9.1 The sales contract between Distilleria Prete and the customer is intended to be concluded in Italy and governed by Italian law.
9.2 Any dispute arising out of or relating to the contract concluded between the parties shall, if possible, be settled by amicable negotiation between the parties. In this regard, the customer must send express complaint to Distilleria Prete, with registered office in via Grotticella 26, 03019, Supino (FR), fully describing the facts and explaining all its requests.
9.3 If a dispute is not resolved by amicable negotiation between the parties, they undertake to do whatever is necessary to pursue that objective. In this case the mediation body is the Bar Association of Frosinone . Even if this attempt is not successful, the court of residence of the customer will be competent for any dispute, if he/she is a consumer according to the law; in all other cases the competent court is Frosinone.
10.1 This policy is drawn up in Italian and English. In case of doubts and/or contrasts, the Italian version will prevail.