General conditions of Sale
1. Seller’s data and definition of Buyer
1.1 The goods and/or services subject to the Standard Terms and Conditions set out below are offered for sale by Alma Wines S.r.l. – with registered office in Bologna (BO), Via Massimo d’Azeglio 19, 40123 Bologna, VAT No. 0141000526, registered with the Register of Companies under no. 0141000526 (Bologna), hereinafter also referred to as “Seller”.
1.2 The term “Buyer” shall mean:
a) the natural person – consumer who buys for purposes unrelated to their entrepreneurial, commercial, professional activity or craft;
(b) any person who does not qualify as a consumer because they are a natural or legal person acting in the exercise of their entrepreneurial, commercial, professional activity or craft, or an intermediary thereof.
2. Scope of the online contract
Under these Standard Terms and Conditions of Sale, the Seller sells and the Buyer purchases at a distance by electronic means the products and services described and offered for sale on the site www.alessandroberselli.com.
Alma Wines S.r.l. reserves the right to make changes to these Standard Terms and Conditions at any time and to publish them on its website.
Any changes shall only apply to sales made after the new terms and conditions are published.
For “consumer”-Buyers, the relevant law provisions of Italian Legislative Decree no. 206/2005 (the so-called Consumer Code) as amended shall apply.
For non-consumer Buyers, the rules and provisions of the Italian Civil Code shall apply.
These Standard Terms and Conditions shall only apply to sales made on the Italian territory.
3. Conclusion of the contract: methods
The contract between the Seller and the Buyer is concluded only through the Internet: the Buyer accesses the site at www.alessandroberselli.com and follows the procedure indicated therein to submit a purchase offer for the products and/or services.
4. Products and services.
4.1 The Buyer can view the key characteristics of the services and products, including the duration of the offer, the price (including VAT) and the delivery charges, before concluding the contract and making payment. In particular, the types of products and services can be viewed in the section (indicate specific sessions/exact link) that will also provide images illustrating the product and/or service.
4.2 No fees and/or charges are applied for accessing the site www.alessandroberselli.com
5. Conclusion and effectiveness of the contract.
5.1 Purchase orders made through the site www.alessandroberselli.com if complete and containing all the elements necessary to identify the products and place of delivery and/or services ordered, shall constitute a contractual proposal of the Buyer made online.
5.2 The order confirmation by Alma Wines S.r.l. sent by e-mail to the address indicated by the Buyer is equivalent to acceptance of the contractual proposal.
5.3 The contract is concluded, and is binding on both parties, when the Order Confirmation is sent by the Seller to the Buyer.
5.4 The Seller may also advise the Buyer that the order is rejected as in the case provided for by art. 7.2, and in any case reserves the right to cancel any order in the event of material errors in the Buyer’s order or in the information sent by the Buyer through the site www.alessandroberselli.com .
5.5 All orders will be considered valid only if expressly accepted by the Seller.
6. Procedure for the conclusion of the contract
At www.alessandroberselli.com the Buyer can:
– discover the Alessandro Berselli / Alma Wines S.r.l. products and/or services highlighted in the highlights section, view the complete range of products and services by choosing a category from the navigation menu;
– view each product and service tab containing information on sizes and quantities currently available, the description and characteristics of the item;
– from the product and/or service tab, Buyer needs to select the size and quantity of the item and add the product and/or service to the cart;
– view the “shopping cart” section including an overview of the products and/or services and learn about the transport costs before purchasing and paying;
– once the shopping session is over, Buyer needs to confirm purchase by clicking on the appropriate button;
– where necessary, Buyer also needs to enter the shipping information and, to confirm the order, read and accept these standard contractual terms and conditions and enter the chosen method of payment;
– in the following screen, i.e. the payment screen, the user must check the information entered to ensure it is correct and click on the appropriate button to complete the purchase transaction.
Registration to the site is optional and not mandatory. This means users can purchase products by registering to the site or even without registration (as guests). In order to register, users need to provide their personal data and e-mail address, as well as enter a password of their choice (e-mail address and password are needed to log in to the site).
Once the purchase order has been received, the Seller will send the Buyer a receipt for the order containing a summary of the information relating to the sale and will proceed to process the purchase order, except as provided for in art. 5.5 above.
7. Products and services available
7.1 The products on the site www.alessandroberselli.com can be purchased by the Buyer in the quantities in stock at the time of the order.
7.2 The services/events advertised on the site will be confirmed when the minimum number of people indicated on the site is reached. If this minimum number is not reached, Alma Wines S.r.l. will inform the remaining subscribers/buyers of the cancellation of the event 5 days before the date of the event. In this case the price paid will be refunded.
The maximum number of participants in each event is indicated on the website. Alma Wines S.r.l. therefore reserves the right to reject applications for registration in excess of the maximum number.
8.1 Payments by the Buyer may only be made by one of the methods listed on the Seller’s website (PayPal).
8.2 Communications concerning payments and data communicated by the Buyer occur on specially protected lines in accordance with the law in force.
9.1 All sales prices for the products and services advertised on the www.alessandroberselli.com website are expressed in EURO and include VAT.
9.2 All prices for the products and services on the site www.alessandroberselli.com are subject to changes and therefore may be modified by the Seller at any time.
10. Transport costs
10.1 Shipping costs for the Italian territory amount to € 10,00, however, they are subject to subsequent changes.
For purchases of products up to a total amount equal to or greater than € 50.00, shipping will be entirely free.
11. Delivery times and methods
11.1 The products ordered will be delivered to the address chosen and specified by the Buyer in the purchase order. We do not ship and/or deliver outside the Italian territory.
11.2 For the execution of the shipment, the courier will be activated within 10 working days from the confirmation of the order. The delivery time is not of the essence. If it is not possible to ship the goods within the indicated time, the Buyer will be promptly notified by e-mail.
11.3 If the consignee is absent at the time of delivery, a notice will be left and the Buyer must take steps as soon as possible to contact the courier or freight forwarder in order to arrange a new delivery.
11.4 The Seller shall not be held liable for delayed delivery or non-delivery due to force majeure or fortuitous events.
11.5 For any information or report relating to the shipment of your orders, you can contact our Customer Service (Italian and English languages) Mon-Fri 09.00 a.m.-12.00 p.m. and 2.00-5.00 p.m. by writing to email@example.com, or calling +39 051.0547099/ext. 400.
12. Limitations of liability
12.1 The Seller shall not be responsible for inefficiencies attributable to force majeure or unforeseeable circumstances, including inefficiencies due to malfunctioning of the Internet.
12.2 Likewise, the Seller shall not be held liable for any fraudulent or illegal use that third parties may make of the credit cards and other means of payment used on the site www.alessandroberselli.com.
12.3 With regard to the services/events advertised on the site, the Buyer declares:
– to be fully aware of any risks incurred during the performance of the proposed activities;
– to be of legal age;
– to accept all the conditions required by Alma Wines s.r.l.;
– to hold Alma Wines s.r.l. free from any liability that may arise in any way as a result of the Buyer’s participation in the activities mentioned above for any personal injury or damage to Buyer’s property or any damage caused to third parties and / or their property in the performance of such activities.
13. Buyer’s obligations
13.1 The Buyer undertakes to pay the price of the goods and/or services purchased in the time and manner indicated in these standard terms and conditions and in the order form sent.
13.2 It is prohibited:
to enter false and/or invented and/or fictitious data during the registration procedure described at paragraph 6; the Buyer’s personal data and e-mail address must correspond to the Buyer’s real personal data and not those of third parties or fictitious persons;
– to make more than one accounts for the same person;
– to enter data of third parties;
– minors may not register or make purchases of goods and/or services.
13.3 In any event, the Buyer, or in the case of minors, their legal guardian, assumes all responsibility for the above violations and undertakes to indemnify and hold harmless the Seller from any prejudicial consequences, from all losses, damage, liabilities, costs, charges and expenses, including legal fees, which the Seller may incur or suffer as a result of any breach by the Buyer of their obligations and warranties given by them in accepting these contractual clauses.
13.4 The Seller Alma Wines S.r.l., owner of the website www.almawines.com, reserves the right to take legal action against any violation and abuse.
14. Right to cancel
14.1 The Buyer may not cancel or withdraw from the contract in advance, except as provided for in paragraph 14.3 below for buyers who qualify as “consumers” and except as provided for in paragraph 15.
14.2 In the event of unlawful termination, cancellation or withdrawal by the Buyer, Alma Wines S.r.l. is hereby authorised to retain the amounts paid by the Buyer as penalty, without prejudice to the right to compensation for damages in excess of such amounts.
14.3 The Buyer who qualifies as a “consumer” shall be entitled to withdraw from this contract, without penalty and without specifying the reason, within fourteen (14) working days from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the goods ordered or: 1) in the case of multiple items ordered by the Buyer in a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last item; 2) in the case of delivery of an item consisting of multiple lots or parts, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last lot or part.
Before the expiry of the withdrawal period, the Buyer-consumer may exercise the right to cancel by informing the Seller of their decision to withdraw from the contract. To this end, the Buyer may:
a) use the standard “cancellation” form as per Annex I, Part B, pursuant to Article 49, paragraph 1, letter b) of Italian Legislative Decree no. 206/05 (the so-called Consumer Code).
(b) submit any other explicit statement of their decision to withdraw from the contract.
14.4 The declaration of cancellation must be sent by registered letter with advice of receipt to the following address: Alma Wines S.r.l. Via Massimo D’Azeglio 19 – 40123 – Bologna (BO) or by certified electronic mail to the address: firstname.lastname@example.org.
14.5 In the event the Buyer exercises the right to cancel, they must return the goods within 14 days from the day on which they informed the Seller that they intend to withdraw from the contract pursuant to art. 57 of Italian Legislative Decree no. 206/2005.
The goods must be returned to Alma Wines S.r.l. Via d’Azeglio 19 – 40123 – Bologna (BO), Italy.
14.6 The direct costs of returning the products shall be borne by the Buyer.
14.7 The goods must be returned intact, in their original packaging, complete in all their parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the Seller will refund the amount of the products returned due to cancellation within a maximum of 14 days, including any shipping costs.
14.8 As provided for by article 56, paragraph 3, of Italian Legislative Decree no. 206/2005, as amended by Italian Legislative Decree no. 21/2014, the Seller may suspend the refund until receipt of the goods or until the Buyer demonstrates that they sent back the goods to Alma Wines S.r.l.
The Seller shall make the refund using the same means of payment chosen by the Buyer at the time of purchase. In any case, the Buyer undertakes to provide the Seller with their bank details.
14.9 The Buyer acknowledges and accepts that the aforementioned right to cancel, in accordance with Italian Legislative Decree no. 206/2005, is only granted to Buyers who qualify as consumers.
14.10 Pursuant to article 57, par. 2, of Italian Legislative Decree no. 206/2005, the Buyer shall be liable for any diminution in the value of the goods resulting from any handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
14.11 The right to cancel, in addition to compliance with the terms and procedures indicated in paragraphs 14.3 and 14.4, will be considered valid and in effect only if the following conditions are met:
– the goods purchased must be intact, with no signs of opening and/or tampering and complete with all attached documentation;
– the goods must be returned sealed and in their original packaging;
– the returned goods must be sent to the Seller in a single shipment and no later than 14 days from the day on which the Buyer informed the Seller that they intend to withdraw from the contract.
14.12 The parties agree and accept that the requirements set out in paragraph 14.11 are essential conditions for the exercise of the right to cancel.
The parties expressly agree that the obligations referred to in paragraphs 8.1 and 13.1, assumed by the Buyer, as well as the exact fulfilment of the obligations assumed by the Seller in paragraph 11.1, are of an essential nature, and consequently the non-fulfilment of even only one of them, where not caused by fortuitous events or force majeure, will result in the termination of the contract by operation of law pursuant to art.1456 of the Italian Civil Code.
16. Effectiveness and modification of the Standard Terms and Conditions of Sale (STC).
16.1 These STC are published on the site so that the Buyer can easily read and became familiar with them before purchasing a product and / or service, can accept them at a time prior to submitting the purchase order, store them on their computer and reproduce them on paper by printing the file that contains them.
16.2 The STC applicable to the sale of products and/or services are those published on the site on the date of the order for the products. The Buyer, therefore, must carry out the above operations before proceeding with each purchase.
17. Legal guarantee of conformity (art. 130 and 132 of Italian Legislative Decree no. 206/05)
17.1 The Seller shall be liable to the Buyer-consumer for any non-conformity existing at the time of delivery of the goods.
In the event of receipt of products that do not conform to the orders placed and/or are defective products, the Buyer-consumer has the right to have the product’s conformity restored free of charge by having the products repaired or replaced, in accordance with paragraphs 3, 4, 5 and 6 of art. 130 of Italian Legislative Decree no 206/05, or to obtain an appropriate reduction in price or to terminate the contract, in accordance with paragraphs 7, 8 and 9 of article 130 of Italian Legislative Decree no. 206/05.
17.2 Pursuant to article 132 of Italian Legislative Decree no. 206/05, the Buyer-consumer may exercise their right if the defect becomes apparent within two years of delivery of the goods and if it is reported to the Seller within two months of its discovery.
18. Storage of the contract
Pursuant to article 12, paragraph 1, letter b) of Italian Legislative Decree no. 70/2003, the Seller informs the Buyer that each order sent is stored in digital/paper form on the server/at the Seller’s premises, according to criteria of confidentiality and security.
19. Communications and complaints
Written communications addressed to the Seller and any complaints shall be considered valid only if sent to the following address: “Alma Wines S.r.l. Via Massimo d’Azeglio 19 – 40123 – Bologna (BO), Italy” or to the e-mail address email@example.com or to the e-mail address firstname.lastname@example.org. The Buyer shall indicate on the registration form their residence or domicile, the telephone number or e-mail address to which they wish to receive communications from the Seller.
20. Applicable law and court jurisdiction. ODR (Online Dispute Resolution: alternative dispute resolution method)
20.1 All disputes relating to the application, fulfilment, interpretation and breach of the purchase contracts stipulated online through the website www.almawines.com shall be governed by these Standard Terms and Conditions and by Italian law; even if performance occurs in whole or in part abroad.
In any case, if the Buyer is a consumer, the Court of jurisdiction: is the venue of the place of residence or domicile of the consumer, if located in Italy. If the Buyer-consumer’s domicile or residence is not within the Italian territory, the Court of jurisdiction shall be the one where contract performance occurs.
For all other cases, the Court of Bologna shall have sole jurisdiction.
20.2 In compliance with the provisions of art. 14 of Reg. (EU) no. 524/2013, we inform you that the user has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between seller and consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and Reg. (EU) no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, prompt and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a trader established in the Union through the intervention of a participating ADR entity (alternative dispute resolution method), selectable from a list available therein. For more information on the European ODR Platform or to initiate an alternative dispute resolution procedure relating to this contract through it, you can access the following link: http://ec.europa.eu/odr. The e-mail address of the seller to be indicated in the European ODR Platform is the following: email@example.com.
20.3 If the attempt at amicable resolution referred to in Article 20.2 above is not accepted, or should such attempt have a negative outcome, any dispute relating to the application, fulfilment and interpretation of these General Conditions of Sale shall be submitted, in the case of users who are consumers, to the Court referred to in paragraph 20.1.
21.Confirmation of having read the Standard Terms and Conditions of Sale and unconscionable clauses
The computer system for filling out orders is designed to prevent the confirmation and validation of an order unless an explicit command is input by the Buyer and aimed at confirming that the Buyer has read the terms and conditions of sale and the unconscionable clauses.
Headquarters / Offices
Via Massimo D’Azeglio 19, 40123 Bologna, Italy
+39 051 0547099 Ext. 400