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TERMS & CONDITIONS

 
SALES POLICY

(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)

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These Conditions of Purchase of sale (hereinafter, "Terms of Purchase") have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the Internet, from the site lozabaione.com (hereinafter , the "Site") in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the "Consumer Code").

The seller of the products and owner of the Site is E-mail address: info@alcestearomi.it

The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these Conditions of Purchase which have been made available to him on the Site and which will be available at any time. moment by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and memorized.

In the event that the person making purchases on the Site requests the issuance of an invoice and/or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the withdrawal provisions pursuant to art. 7 and 8 of these Purchase Conditions nor, more generally, the provisions which, pursuant to the same Consumer Code, apply only to "consumers".

The contracts concluded with ALCESTE AROMI through the Site are governed by these Conditions of Purchase in compliance with Italian law. The language available to conclude the contract is Italian.

Choose and order the Products

THE SALE OF ALCOHOL PRODUCTS IS FORBIDDEN TO MINORS

Site users www.lozabaione.com declare that they are of age according to the legislation applicable to them. If there is no legislation in this regard, you must be at least 21 years old.

The characteristics and price of the various products on sale on the Site (hereinafter the "Product" or "Products") are shown on the page relating to each Product.

For the Purchase of the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the "Cart" and, after having read the Conditions of Purchase and the Privacy Policy and having confirmed their acceptance, he will have to enter the shipping and billing data, select the desired payment method and confirm the order.

By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided during the Purchase procedure and to fully accept these Purchase and Payment Conditions transcribed .

The contract stipulated between ALCESTE AROMI and the Customer must be considered concluded with the acceptance of the order by ALCESTE AROMI This acceptance is communicated to the Customer through an e-mail confirming the order containing the order number, the shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation e-mail and if he identifies errors in the order he must contact Customer Service using the appropriate e-mail address: info@alcetearomi.it If the order is already being processed or shipped, changes will no longer be accepted, without prejudice to the Customer's rights referred to in article 7 below.

Once the order has been received, Alceste Aromi will check the availability of the stocks for the fulfillment of the order. In the event that one or more products are not available, the ALCESTE AROMI Customer Service will promptly notify the Customer via e-mail who, within the following 12 hours, will have the right to reply to confirm the shipment of any further available Products or cancel it. . In the event of no response within this period, the order will be considered confirmed and the available Products will be shipped. If only a few Products are not in stock, ALCESTE AROMI will process the order with the available Products. In both cases, the amount relating to the missing Products will be reversed immediately depending on the payment method chosen.

  1. Product Information

The information and characteristics relating to the Products are available, with the relative 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. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities 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 always prevails.

Likewise, the information contained in the information sheets correspond to the real characteristics of the products, as indicated by the Manufacturer or Supplier to the Seller. It is understood that any divergence between what is published on the site https://www.lozabaione.com and the reality will not be attributable to ALCESTE AROMI which will not be responsible for the truthfulness of the information provided by the Producer or the Supplier. The photographs presenting the products and the technical data sheets will not be an integral part of the contractual context and cannot in any case be considered as the responsibility of ALCESTE AROMI. The technical data sheets and images of the products are made available by the Producers and Suppliers, therefore, ALCESTE AROMI will decline any responsibility regarding the content of the same and the effective correspondence with the reality of what is described therein. The products will not be supplied on a trial basis. The Customer will be responsible for choosing the products ordered. The information provided on or through this site should be used for general information purposes only and not as a substitute for any form of advice. Decisions based on this information are made by the user at his own risk and for his own account. No rights can be derived from the information contained on this site.

On all the products managed by ALCESTE AROMI and especially those regulated by regulations, the total traceability and traceability of the items sold is guaranteed.

  1. Prices and shipping

After receiving the order and relative payment confirmation, we prepare the shipment and then hand it over to our couriers for delivery, which will be finalized in 48/72h on working days. We ship with DHL.

If an order is placed on Thursday, Friday and during the weekend (or public holidays), the preparation and subsequent shipment will be carried out on the first available working day.

The customer can track the delivery status on the courier's website by entering the tracking number provided.

Product prices are inclusive of all taxes and duties. All prices are expressed in euros.

Shipping costs will be displayed during checkout based on the destination and the final amount of the order.

Throughout Italy, shipping is free for orders over €35.

The shipping cost for Italy is €7.90 only if the cart is less than the amount indicated above.

  1. Methods of payment and billing

5.1 Payment Methods

The Customer may pay the price of the Products and the relative delivery costs by credit card or by bank transfer.

  •  Credit Cards

Once the order has been confirmed, you can make the payment with your account or using a card, even a prepaid card, in compliance with the relative conditions.

Payments made by credit card, or by other electronic means, will be made through a secure connection, relying on the Nexi service, and Pay Pal. The Customer will pay for the purchases by credit card without sharing the financial information with ALCESTE AROMI which therefore cannot be held responsible for any fraudulent use of the card in question. For any information visit www.Nexi.it

5.2 Billing of orders

If the Purchase is made by a customer who has specified his VAT number and, if subject to electronic invoicing, also SDI or PEC, the Purchase invoice will be sent by e-mail to the address indicated. The Customer is responsible for entering the billing data correctly and is expressly informed that, if the invoice is not requested during the order phase, it will not be possible to request it later.

  1. Transport and delivery

The Products purchased on the Site will be delivered to the address indicated by the Customer during the Purchase procedure.

The delivery of the goods, ordered directly, will be delivered by courier, operated in collaboration with the best national and international couriers. Delivery times depend on the country of destination of the goods. In the case of orders in Italy, delivery will be made within 2/3 working days from receipt of the order, except in the case of islands and remote locations where it may take longer. In case of orders placed in Europe, delivery will probably be within 3/4 working days. In the event of delivery delays due to force majeure and / or occasional events, customer service will promptly inform the customer.

In some critical periods of the year for couriers, such as Christmas and other holidays, there may be delays in delivery.  Alceste aromas is not responsible for any delays suffered by the user due to couriers.

ALCESTE AROMI is not responsible for unforeseeable or non-attributable delays.

Upon delivery, the user must check the content before accepting it, specifying any anomalies on the courier's delivery form.

The Service is provided "as is"

The Service is provided by the Owner "as is", without any express or implied guarantee as to its accuracy or availability

In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days starting from the day following the day in which ALCESTE AROMI confirmed the order to the Customer through a specific order confirmation email.

  • Delivery services active in Italy:

Private

It is the Customer's responsibility to indicate an address where it is possible to deliver throughout the day, from Monday to Friday. The service does not provide for delivery by appointment, unless expressly agreed with Customer Service before ordering. The service includes 2 delivery attempts at the address indicated at the time of the 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 indicated, to arrange delivery. If it is not traceable or is absent, the goods will return to the warehouse.

Companies

The service includes 1 delivery attempt agreed at the address indicated at the time of the order. The service does not provide for delivery by appointment, unless expressly agreed with Customer Service before ordering. If it is not traceable or is absent, the goods will return to the warehouse, awaiting instructions from the Customer.

  1. Right of withdrawal

The Customer has the right to withdraw from the Purchase contract for any reason, without the need to provide explanations and without any penalty, except for the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send ALCESTE AROMI Società Benefit a r.l. a communication within 14 days from the date of receipt of the Products or, if you intend to exercise the withdrawal before having received the Products, the communication of withdrawal can be sent at any time before their receipt.

The withdrawal must be exercised through an explicit declaration, in which to indicate:

  • receipt/invoice number;

  • order number;

  • order's date

  • the product or products for which you intend to exercise the right of withdrawal, indicating the article code and your bank details (IBAN code), which we will use for the refund

which can be sent by registered letter with return receipt. to the following address: it is ALCESTE AROMI – VIA XXIV MAGGIO, 14/1 42021 - Bibbiano (RE) - Italy  VAT or by any other suitable means. The registered letter is considered sent in good time if it has been delivered to the accepting post office within 14 (fourteen) calendar days from receipt of the product.

The ALCESTE AROMI Customer Service  will, upon receipt of the communication, open a case for the management of the return and communicate to the Customer the instructions on how to return the Products, which will take place via courier indicated by ALCESTE AROMI   itself.

Please send the products exclusively to our logistics service with the following indication: è ALCESTE AROMI – VIA XXIV MAGGIO, 14/1 42021 - Bibbiano (RE) - Italy  VAT number 02743910354

The exercise of this right is reserved to natural persons: therefore, resellers are excluded.

After authorizing the return, the user must arrange to ship the purchased products, suitably packaged in their original packaging, using a carrier of their choice and at their own expense, within 10 (ten) working days from the date of the return authorization. unopened package, equipped with all possible accessories.
ALCESTE AROMI  will check the product, which must be intact, in its original packaging, complete with all its parts and any accessory documentation. The lack/breakage of any content in the packaging makes it impossible to exercise the right of withdrawal. Only the direct costs for returning the products to the sender remain the responsibility of the Consumer. Returns will not be accepted at the expense of the recipient.

The right of withdrawal is governed by the following conditions:

  1. The right applies to the Product purchased in its entirety; therefore, if the Product is made up of several components or parts, it is not possible to exercise the withdrawal only on part of the Product purchased.

  2. In case of exercise of the right of withdrawal ALCESTE AROMI  will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 (fourteen) calendar days from the date on which the communication of withdrawal, without prejudice to the right of ALCESTE AROMI  to suspend the payment of the refund until the actual receipt of the goods. The shipment is under the complete responsibility of the Consumer; in case of damage to the product during transport, the Consumer will be notified, who will have to arrange for the collection of the same at his own expense no later than 30 (thirty) days. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery, 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).

III. Also in order to be able to guarantee the free return pursuant to article 8 below, the Products must be returned in the same box in which they were received.

  1. In addition to the cases indicated in the Introduction (non-consumer customer and/or requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 legislative decree 21/2014:

– order of Products made to measure or clearly personalized;

– order of Products that risk deteriorating or expiring rapidly, including cured meats, cheeses, fresh meats, fresh gastronomy products;

– order of sealed Products that do not lend themselves to being returned for hygienic reasons or related to health protection or that have been opened after delivery.

With reference to the cases of exclusion from the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk to deteriorate or expire rapidly" include all Food Products (including wines, spirits and beverages) as the characteristics and the qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for hygienic and customer protection reasons, the right of withdrawal is applicable only for Products purchased on the Site which can be returned to ALCESTE AROMI  and put back on the market without endangering the health of consumers (such as books, gadgets, kitchen utensils, etc.).

In cases of exclusion of the right of withdrawal, ALCESTE AROMI will return the purchased Products to the Customer, charging the shipping costs to the same.

For any information contact: info@alcestearomi.it, the customer service will organize the collection of the returned goods in case of request by the customer.

Also in this case the shipping costs for returned products will be charged to the customer.
Pursuant to art. 55 of the Consumer Code, the right of withdrawal is excluded in the event that the sale concerns products made to measure or customized or which by their nature cannot be returned or are likely to deteriorate or expire rapidly (e.g. food, cosmetics , flowers, etc.).

In general, although not expressly written, the provisions of the law on distance contracts apply. Any dispute is subject to Italian jurisdiction.

 

  1. Site navigation problems

The Customer must autonomously equip himself with equipment and programs suitable for connection to the Internet. If the Customer is no longer able to view part or all of the site https://www.lozabaione.com no charge or responsibility can be attributed Alceste Aromi does not guarantee that the site https://www.lozabaione.com functions without errors or interruptions. Uses of this website that could prevent its use by other Internet users, impair its functionality and/or affect the information provided on or through the site or the underlying software are prohibited. ALCESTE AROMI  will not be held responsible for any damage, direct or indirect, deriving in any way from access to this site and/or (from the use of) information provided on the site or through it. ALCESTE AROMI reserves the right to modify the information provided by the site amordemilia.it or through it, including the terms of this Disclaimer, at any time and without notice. ALCESTE AROMI  will not be held responsible for the content of external websites that have a link to this site or that refer to this site.

  1. Major force

ALCESTE AROMI  will not be held responsible towards the Customer for delays or failure to perform contractual obligations caused, directly or indirectly, by causes of force majeure beyond its control, such as for example: natural phenomena of particular intensity , war events, strikes, unforeseen restrictions ordered by the authorities, etc. In such cases, the interested party will promptly notify Alceste Aromi of the event. In any case of force majeure, the parties will be entitled to cancel the order contract or request its execution within a term to be fixed.

  1. Errors and Limitations of Liability

The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which therefore ALCESTE AROMI cannot be held responsible, except in the case of willful misconduct or gross negligence.

ALCESTE AROMI  reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer's rights pursuant to these Conditions of Purchase and the Consumer Code.

Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by non-acceptance or evasion, even partial , of an order.

ALCESTE AROMI  promotes the responsible consumption of alcohol and excludes any responsibility against it, except for willful misconduct or gross negligence, in the case of a purchase made by minors under the age of 16. By purchasing any alcoholic product you declare to be of age as per art. 7 of Legislative Decree 158/2012. ALCESTE AROMI   assumes no responsibility in the event of a purchase made by minors under the age of 18 who have declared that they are of a different age.

  1. Suspension of service

ALCESTE AROMI  reserves the right to add, remove functions or characteristics or suspend or completely interrupt the visibility of the site in all or even only in part of its functions in relation to all the needs connected to the efficiency and safety of the same both temporarily and permanently. In these cases, except for reasons of particular urgency, Alceste Aromi will notify the customers by any means deemed suitable and as soon as possible. In the event of definitive interruption, the Owner will act as possible to allow Users to obtain their information hosted by the Owner.

  1. Copyright – intellectual property rights

All trademarks of the Application, figurative or nominative, and all other signs, trade names, service marks, word marks, commercial names, illustrations, images, logos that appear concerning ALCESTE AROMI  are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.

Reproduction in whole or in part of any part of the site is prohibited; the reproduction of texts and/or photos for any use and in any form and in any case without prior written authorization from ALCESTE AROMI is also prohibited.

  1. Indemnity

The User undertakes to indemnify the Owner (as well as any company controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, which may arise in the event of damages caused to other Users or third parties, in relation to the contents uploaded online, the violation of the terms of the law or of the terms of these conditions of service

  1. Modification to these terms

The Owner reserves the right to make changes to the Terms at any time, giving notice to the User by publishing it on amordemilia.it

The User who continues to use amordemilia.it after the publication of the changes accepts the new Terms without reservation.

  1. Complaints

Any complaint must be forwarded to ALCESTE AROMI  by e-mail (info@alcestearomi.it) or by registered mail to the following address:

c.a. Customer ALCESTE AROMAS
VIA XXIV MAGGIO, 14/1 42021 - Bibbiano (RE) - Italy  VAT number 02743910354
 

ALCESTE AROMI   undertakes to respond to all requests received within a maximum of 7 working days.

  1. Online resolution of consumer disputes (ADR and ODR)

ADR

According to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can make use of the Joint Conciliation procedure. The Procedure can be initiated if the consumer, after having presented a complaint to the company, within 45 days, has not received a response or has received a response not considered satisfactory by him.
The customer who decides to make use of the Joint Conciliation procedure is obliged to send the request to the address: conciliazione@consorzionetcomm.it or to the fax number 02/87181126.

For more information, please refer to: https://www.consorzionetcomm.it/spazio-consumatori/segnalazioni/Conciliazione-Paritetica/

ODR

Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he may file a complaint via the European Union ODR platform which can be reached at the following link https://ec.europa.eu/consumers/odr/main/.

The ODR platform is an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.

  1. Applicable law and jurisdiction

The sales contract between the customer and ALCESTE AROMI is understood to be concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these Conditions of Purchase or of individual Purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his municipality of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Reggio Emilia, any other competent court excluded.

Pursuant to article 1341 of the civil code the Customer declares to have read and to specifically accept the following articles of these Conditions of Purchase: 6 (liability for delays in delivery), 8 (right to correct errors - exclusions of liability). 

  1. Acceptance of the general conditions of sale

By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the General and Payment Conditions. Therefore, pursuant to articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read the above General Conditions in all its points and, after careful re-reading, to expressly accept all the points.

Link for online disputes: http://ec.europa.eu/consumers/odr/

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