General Terms and Conditions (pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005, as amended and supplemented)
1. Background and effectiveness of the General Conditions
These general conditions of sale (hereinafter, “General Conditions”) have as their object the regulation of the purchase of products and services, made at a distance and made available, via internet network, from the site shop.botinero.it in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).The seller of the products and owner of the Site is: the TRIPLETE SRL with registered office in Via Leopardi n. 1, 20100 Milan, C.F/ P.I. 07212630961 and registration with the Companies’ Register of Milan n. Mb- 2554487, – E-mail address: firstname.lastname@example.org (hereinafter, “Botinero”).The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to read carefully these General Conditions that have been made available to him on the Site and that will be available at all times by the Customer also through the link contained in the confirmation email of each order to allow him to reproduce and store them.In the event that the person who makes purchases on the Website requires the issuance of an invoice and/or is otherwise not a “consumer or user” as defined in art. 3, paragraph 1, letter a), of the Consumer Code, the withdrawal regulations set out in art. 7 and 8 of these General Conditions or, more generally, the provisions that under the same Consumer Code apply only to “consumers” will not apply.Contracts concluded with Botinero through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. Choosing and Ordering Products
3. Product Information
Information and features relating to the Products are available, with the relevant Product codes, on the Site.The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves is for the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet shall always prevail.
4. Price and shipping
Product prices include all taxes and fees. All prices are in Euros.- Deliveries to Milan: Throughout the city of Milan delivery is free for orders over €40, for lower amounts the cost is €3.50.
5. Payment and billing arrangements
5.1 Methods of payment The Customer may make payment of the price of the Products and related delivery costs through PayPal (and credit card always on paypal circuit).- PayPal Once the order has been confirmed, the Customer will be redirected to the PayPal website where he/she can make the payment with his/her account or by using a card, even a prepaid one, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.- Credit Card through PayPal circuit The circuits on which you can purchase within the Site through the PayPal circuit are: Visa / Visa Electron / Mastercard American Express To ensure maximum security, the Customer will make the payment transaction directly on PayPal systems.The Site does not store the Customer’s credit card number, but thanks to the secure communication system, from the second expenditure, the Customer who wishes to do so – by selecting the appropriate option – will be able to proceed with the purchase without entering his data again. The relevant credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Customer’s browser.
5.2 Invoicing of orders If the purchase is made by a professional, it will be possible to request the issuance of an invoice by checking the appropriate box during the order process and entering the invoicing information including tax code and/or VAT number. In that case, the invoice will be sent via email to the address indicated. The practitioner is responsible for the correct entry of billing information and is expressly informed that if an invoice is not requested at the time of ordering, it will not be possible to request it later.
6. Transportation and delivery
Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase process in the appropriate “Shipping Information” field.All purchases will be delivered directly from our network or by express courier (hereinafter, “Courier”) from Monday to Saturday, excluding holidays and national holidays. Botinero is not responsible for delays that are unforeseeable or not attributable to it.- Active delivery services in Italy: COURIER The service provides 2 delivery attempts at the address indicated at the time of order. A notice will be left after each step. On the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by telephone at the telephone number provided, to arrange delivery. If it cannot be traced or is absent, the goods will return to the warehouse.
7. Right of withdrawal
the right of withdrawal is excluded, according to Art. 59 d.lgs 21/2014 in that: – Products are tailor-made and clearly customized;
– the Products offered by Botinero are at risk of deteriorating or expiring rapidly; – sealed Products are not suitable for return for hygienic or health protection-related reasons if they have been opened after delivery.However, Botinero grants the Customer the right to withdraw from the purchase contract for any reason, without the need to provide an explanation and without penalty, within the period of 4 hours after receipt of the confirmation email.
The Customer must send an email to email@example.com with the subject line “Withdrawal and Order Number.”
Botinero’s Customer Service will, upon receipt of the communication, open a file to handle the refund of the amounts already paid.
The right of withdrawal is governed by the following conditions:I. The right applies to the Product purchased in its entirety; therefore, if the Product consists of several components or parts, it is not possible to exercise the right of withdrawal only on part of the Product purchased.II. In case of exercise of the right of withdrawal Botinero will refund the customer the full amount of the goods subject to withdrawal, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received. The refund will be made using the same method of payment used by the Customer, unless the Customer has expressly requested a different method. In case of bank transfer or cash on delivery payment, it will be the Customer’s responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that Products that are “likely to deteriorate or expire rapidly” include all food products.
8. Warranty and Conformity Defects
In the event of conformity defects in Products sold by Botinero, the Customer must immediately contact Customer Service by sending an email communication to firstname.lastname@example.org.The legal guarantees provided by Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at his or her option and provided that the type of Product allows it, to the restoration, without charge, of the conformity of the Product by means of replacement, or to an appropriate price reduction or termination of the contract.In the case of meat that is not to the customer’s liking, the customer is requested to keep the product raw. In the case of wine that is faulty or smells corked, the client is requested to keep the bottle with at least 2/3 of its contents and its original cork and to report the alleged non-conformity to Customer Service. Botinero will intervene as soon as possible by arranging a free pickup in order to carry out a thorough inspection and propose the most suitable solution, between refund and replacement of the product.The Client will forfeit these rights if he/she does not report the conformity defect to Botinero within 24 hours from the date he/she discovered the defect for meat and perishable products, and 2 months in the case of non-perishable products.
9. Errors and limitations of liability
The information regarding the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which, therefore, Botinero cannot be held responsible, except in cases of intent or gross negligence.Botinero reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Client’s rights under these General Terms and Conditions and the Consumer Code.Except in cases of fraud or gross negligence, any right of the Client to compensation for damages or the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an order, is excluded.Botinero promotes the responsible consumption of alcoholic beverages and excludes any liability on its part, except in cases of willful misconduct or gross negligence, in the case of purchases made by children under the age of 16. By purchasing any alcoholic product you declare that you are of legal age as per art. 7 of DL 158/2012. Botinero assumes no responsibility in the event of a purchase made by minors under the age of 18 who have declared to be of a different age.
Any complaints should be forwarded to Botinero by writing an email communication to the box email@example.com, or by registered mail with return receipt to the following address: c.a. Triplete s.r.l. Complaints Office via Leopardi no. 1 20100 Milan
Botinero is committed to responding to all requests received within a maximum of 14 business days.
11. Online consumer dispute resolution (ADR and ODR)
According to Article 49 paragraph 1 letter V of Legislative Decree September 6, 2005 No. 206 (Consumer Code), the customer can make use of the Joint Conciliation Procedure. The Procedure can be initiated if the consumer after submitting a complaint to the company, within 45 days, has not received a response or has received a response that is not satisfactory to him.The customer who decides to make use of the Joint Conciliation Procedure is obliged to forward the application to the address: Botinero s.r.l. via Leopardi n. 1- 20100 Milan.
Pursuant to Art. 14 of Regulation 524/2013 you are informed that in the event of a dispute you may file a complaint by means of the ODR platform of the European Union that can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform provides an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.
12. Applicable law and place of jurisdiction
The contract of sale between the Client and Botineros’is concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or of individual purchase orders if the Customer is a consumer under the Consumer Code, the court of his or her municipality of residence or domicile will have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, any other jurisdiction excluded.
Pursuant to Article 1341 of the Civil Code, the Customer declares that he/she has read and specifically accepts the following articles of these General Terms and Conditions: 6 (liability for late delivery), 10 (right to correct errors – exclusions of liability).