Conditions of sale
Terms and Conditions of Sale of 32 Via dei Birrai S.r.l. for the website www.32viadeibirrai.it
The website www.32viadeibirrai.it is owned and managed by 32 Via dei Birrai S.r.l., currently in Via Cal Lusent 41, 31040 Pederobba (TV), Italy, VAT No. 04037270263, telephone (+39) 0541.603811, fax (+39) 0423 64691, e-mail email@example.com.
By accessing the website www.32viadeibirrai.it the buyer agrees to comply with the terms and conditions set out below, including all the documents mentioned therein. Users are asked to read this document carefully before using the services.
Subject matter of this contract
The subject matter of this contract is the purchase and sale of bottled beer as well as accessories, in the quantity and quality chosen by the consumer through selection of the products on the website www.32viadeibirrai.it. The goods and services on sale are those described on the pages of www.32viadeibirrai.it. Information given on the site may be subject to changes and periodic updates, also for the purpose of further improving customer service.
Prices and availability of products
The prices of the products as specified in clause 1 are given on the website and are agreed as inclusive of VAT. The price does not include the delivery cost, when applicable, the amount of which is always shown on the website and varies according to the requested method of delivery in addition to any customs duties. If the product is not available, the customer will be promptly informed via e-mail. Prices and availability of the products sold by 32 Via dei Birrai S.r.l. through the website www.32viadeibirrai.it are subject to change without notice.
Delivery of goods
The goods are delivered to the specified address, within the times given on the website, by means of the courier appointed by 32 Via dei Birrai S.r.l. To prevent fraud, the courier reserves the right to check an identity document, which shows data that correspond to the information on the order and the holder of the credit card. To make the delivery of goods as efficient as possible, 32 Via dei Birrai S.r.l. will give the courier the telephone number provided during registration on the website www.32viadeibirrai.it i.e. at the time the order is placed; this telephone number will be used in compliance with the privacy provisions under Italian Legislative Decree No. 196/2003. Prior to making the delivery, the courier will telephone the consignee of the goods on the aforesaid telephone number to agree on the day and the estimated time for the actual delivery. DELIVERIES ARE NOT MADE TO THE DOOR. The buyer is obliged to check at the time of receiving the goods and in the presence of the delivery person that said goods are intact and correspond to the order. Should the transit packaging be damaged, the consumer shall ACCEPT the package and report the damage on the consignment note/transport document. If the package is undamaged, the consumer shall accept it and may also sign the delivery receipt adding the wording "ACCEPTED SUBJECT TO INSPECTION". If one or more products are damaged or do not correspond to the order, provided that the consumer has previously reported the damage on the consignment note/transport document or has accepted subject to inspection, the buyer shall inform 32 Via dei Birrai S.r.l. accordingly via email at the address firstname.lastname@example.org within 3 (three) business days from delivery; the buyer shall also take steps to provide documentation, including photographs, related to the damage or incorrect supply, the burden of proof resting with the consumer. 32 Via dei Birrai S.r.l. reserves the right to request the return of the damaged/incorrect goods at the expense of the consumer, who shall dispatch the same within the period of 15 days from the request by 32 Via dei Birrai S.r.l., upon penalty of losing the right to replacement or refund. Having checked the existence of the damage or incorrect supply, 32 Via dei Birrai S.r.l. will, at its expense, by and no later than 30 days from the delivery or notification date, replace the damaged/incorrect products or, should this not be possible, refund the buyer with the price thereof. If the customer contacts Customer Service after the third business day, 32 Via dei Birrai S.r.l. will be entitled to decide whether or not to open a claim file for the possible replacement of the damaged/incorrect goods.
Right of withdrawal
The customer may exercise the right to withdraw by and no later than 14 business days (cooling-off period) from the date of receiving the goods. This right shall be exercised by sending a registered letter with advice of delivery to the registered place of business of 32 Via dei Birrai S.r.l., currently in Via Cal Lusent 41, 31040 Pederobba (TV), Italy. The notice may be sent in advance within the same period also via email to the address email@example.com or the fax number (+39) 0423 64691, provided that it is confirmed by registered letter with advice of delivery within the following forty-eight (48) hours. The goods shall be returned to 32 Via dei Birrai S.r.l. intact in their complete, undamaged, original packaging by and no later than 15 days from the notice of withdrawal. 32 Via dei Birrai S.r.l. will refund the paid sums within a maximum of 30 days from the date of receiving the registered letter, but in any case not before having received the goods that are the subject matter of the withdrawal and checked the state thereof. The costs and risks connected with the return of the products are the responsibility of the consumer. EC regulations specify that the right of withdrawal be exercised solely by natural persons (consumers), who act for purposes that may be considered unrelated to their business activity. The right of withdrawal can therefore NOT be exercised by corporations and natural persons who act for purposes related to a business activity. Purchases made by retailers or by persons who for whatever reason purchase for resale to a third party are also excluded from the right of withdrawal. The right of withdrawal does not apply to the supply of goods which are made to specifications or which are clearly personalised or which, by their nature, cannot be returned or risk rapid deterioration or spoilage. It is also specified that in the case of discount or promotional purchases (so-called promotions) in which the purchase of one item is combined with another item which is sold at a ridiculously low price or even given away, the right of withdrawal will be legitimately exercised with the return of both items that have been purchased, given the linkage of the promoted item with the first item.
Limitation of liability
32 Via dei Birrai S.r.l. cannot be held liable for any damage caused by the use or misuse of the service provided by the website www.32viadeibirrai.it. 32 Via dei Birrai S.r.l. accepts no liability for errors and omissions in www.32viadeibirrai.it or in any website linked or referred to. 32 Via dei Birrai S.r.l. reserves the right to update the site www.32viadeibirrai.it at any time. Information may contain inaccuracies of any sort or typing errors. 32 Via dei Birrai S.r.l. does not guarantee that the services performed by www.32viadeibirrai.it will be provided without interruptions, although an announcement to that effect will be made in advance except for causes beyond the control of 32 Via dei Birrai S.r.l. 32 Via dei Birrai S.r.l. cannot be held liable in respect of the purchaser or third parties for direct or consequential damage (including, purely by way of example, the loss of profits, of earnings and of commercial opportunities) arising from or in relation to a product or service provided by 32 Via dei Birrai S.r.l., or from using or from the impossibility of using the same. 32 Via dei Birrai S.r.l. accepts no liability for poor services due to fortuitous event or force majeure, such as accidents, explosions, fires, strikes or lock-outs, earthquakes, floods and other similar events which may prevent, in whole or in part, the contract being performed within the agreed time limits. 32 Via dei Birrai S.r.l. shall not be held liable for damages, losses and costs incurred following failure to perform the contract due to the aforementioned causes, the buyer possibly having only the right to the refund of the paid price. Without prejudice to cases of wilful misconduct or gross negligence, the right to compensation from 32 Via dei Birrai S.r.l. may not exceed the price of the products purchased by the consumer and over which the dispute has arisen.
Responsibility of the user/consumer
It is the responsibility of the user to make sure that his/her data are truthful, complete and up-to-date and to notify without delay any change to the same. In the event of untrue representations, 32 Via dei Birrai S.r.l. reserves the right to remove such persons from its user lists after formal and unsuccessful request for correction.
Method of payment
Payments in settlement of the purchase agreements entered into through the website may be made solely by credit card, PayPal and bank transfer.
Advance Bank Transfer
In the case of payment by Advance Bank Transfer, the ordered goods will only be sent when the payment is effectively credited to the current account of 32 Via dei Birrai S.r.l., which shall occur within 5 business days from the date the order is accepted, after which the order is considered automatically cancelled.
The reason given for the bank transfer shall show the order number, which is assigned in the order confirmation sent via e-mail.
Details of the bank account to which the transfers are to be made are:
32 Via dei Birrai S.r.l.
Banca Popolare di Verona, Valdobbiadene branch
CIN: Y ABI (Italian Bankers’ Association No.): 05034 CAB (Sort code): 62150
Current Account number: 000000001675
IBAN: IT15 Y 05034 62150 000000001675
For purchases made using PayPal services, upon completing the order the Customer is transferred to the PayPal login page.
The amount of the order is charged to the PayPal account at the moment the order is placed.
If the order is cancelled, whether by the Customer or non-acceptance by 32 Via dei Birrai S.r.l., the amount will be refunded to the customer’s PayPal account.
If the transaction is cancelled, under no circumstances may 32 Via dei Birrai S.r.l. be held liable for any direct or consequential damage caused by delay in the failure to release the amount committed by PayPal. At no time in the purchasing procedure is 32 Via dei Birrai S.r.l. able to know the Customer’s financial information. Since there is no data transmission, there is no possibility of this information being intercepted. 32 Via dei Birrai S.r.l. holds no computer file which contains or stores such data. The Customer will receive an e-mail of confirmation from PayPal for each transaction carried out with the PayPal account.
Whenever the Customer proceeds to pay for the purchase with credit card, the bank in question will immediately check the validity of the credit card and then charge the total amount corresponding to each purchase agreement. The information relating to the buyer’s credit card is transmitted through protected connection directly to the website of the bank managing the transaction.
32 Via dei Birrai S.r.l reserves the right to request the Customer at any time for supplementary information necessary to perform the purchase agreement or for a copy of documents proving the ownership of the credit card used for completing the purchase agreement. Failure by the Customer to send the requested information or further documentation will entitle 32 Via dei Birrai S.r.l not to accept the order or to withdraw from the executed purchase agreement should the failure to send the requested information not allow the order or the contract to be performed; at the same time a message giving these reasons will be sent to the Customer at the e-mail address given by the latter.