1.1. These general sales conditions apply to all purchases made through the website www.spiritocoktails.com.
2.1. The Seller is Cocktail House S.r.l., which acts in the exercise of its entrepreneurial and commercial activity and promotes the sale of its products through the mechanism of distance contracts, through the Shopify platform in compliance with these General Online Sales Conditions.
2.2. The Consumer is the natural person who acts for personal and non-professional purposes, unrelated to any entrepreneurial, commercial, craft or professional activity that may be carried out, as defined pursuant to art. 3, paragraph 1, letter a), of Legislative Decree 6 September 2005, n. 206 (Consumer Code).
2.3. The User is the visitor of the platform who interacts with the site's features.
2.4. The Consumer Code is the 6 September 2005 Legislative Decree, n. 206 (Consumer Code) and subsequent amendments and additions.
2.5. The Contract or Sales Contract is the purchase and sale contract concerning the goods present on the e-commerce portal that is concluded between the Seller and the Consumer, as part of a sales system through telematic tools, organized by the Seller.
2.6. The Parts are intended to be the Seller and the Consumer.
2.7. Portal or Platform or Website means the website managed by the Seller, through which the online purchase contract is finalized.
- General indications
3.1. These General Conditions of Online Sale regulate the commercial relations between the Seller and the Consumer and constitute an integral and substantial part of the contract for the sale of movable goods which will be concluded.
3.2. The Consumer is aware that the General Conditions of Sale which are published on this Portal may vary: for this reason, each purchase is subject to and governed exclusively by the General Conditions of Sale in force on the date of completion of the contract.
3.3. The Parties, in compliance with the mandatory rules of the law, agree that if some provisions of these general conditions of sale are declared void or invalid, this fact will not affect the validity and effectiveness of the other provisions which will remain fully valid and effective.
- Pre-contractual information to the Consumer
4.1. The pre-contractual information for the Consumer is provided before the Consumer is bound by any online distance sales contract. In particular, the information required by art. 49 Legislative Decree 21 February 2014, n. 21 are provided on the pages of the website www.spiritococktails.com and in these General Conditions.
- Object of the online sales contract
5.1. The subject of the online sales contract is any good present on the www.spiritococktails.com Portal that the Seller offers for sale and that the Consumer intends to purchase, through interaction with the aforementioned Platform, that is, remotely via telematic tools.
5.2. This online sales contract governs the conditions of purchase between the Seller and the Consumer based in Italy and which require delivery in the Italian territory.
5.3. The goods that can be purchased through the procedure in comment are only those that can be viewed on the pages of the Portal whose registration is optional.
5.4. The products that can be purchased are placed on the site and organized into categories with the possibility for the user to navigate between the products using different methods that the web platform will offer for the IT support used by the user. In fact, in addition to the classic menu, the user can search for products through an advanced text search system.
5.5. For each item included in the Portal there is a product sheet that shows: product title, representative images, availability. These indications will then be summarized when the User, by clicking on the "cart - go to cart" icon, displays the "contents of the cart" and the products included therein.
5.6. The User is aware that all the information provided on the Portal and in particular the images in the product sheet are of a general nature and are made available for information purposes only, to allow identification of the article: any images or colors of the products. offered for sale could have different effects in the real vision of the property. Such dissonances can be related to the effects of the Internet browser, the monitor used or the settings of the monitor itself (brightness, contrast, quality and type of printer in use, etc.)
5.7. The Seller does not sell used products, irregular or of inferior quality to the corresponding standards offered by the market.
6.1. The prices of the purchasable goods are indicated analytically on the site and can be unequivocally displayed next to the product (in each section of the site), in some cases where it is graphically impossible to position it close to it, it will be applied over the image and visible when the mouse passes over it. All the selling prices of the products displayed and indicated on the Site are expressed in euros and constitute an offer to the public.
6.2. The prices indicated for each of the goods are valid until the date of online modification. The Seller reserves the right to change its prices at any time, indicating them in the relevant product sheet. The current price will be displayed by the User by browsing the Portal. The products remain the property of the Seller until the total payment of the amount due;
6.3. The sales prices are indicated for the single product and include VAT and taxes but do not include the costs for the delivery of the goods which must be calculated separately. The User can view the amount of shipping costs after adding the product to the cart, in the "cart contents" mask: under the summary of the items included in the cart, the User can view the type and cost of the shipment.
6.4. All general shipping information, times and returns are available on the appropriate "shipping policy" page, while the exact cost of the goods purchased is indicated in the sales cart.
- Subscription to the Portal
7.1. The User who wishes to proceed with the optional registration of an account will be asked to enter their personal data. By clicking on the "Account" link, the User can choose their profile and create a personal control panel where they can update their data if necessary, check the orders placed and the history, view the invoices and make a request for goods returned.
7.3. The User who has completed the registration on the Portal will receive a "welcome" email with confirmation of registration.
7.4. The User is responsible for his account and for all the activities carried out and orders placed through his account and is required to immediately give the Seller evidence of any theft of credentials or unauthorized access.
7.5. The registered User can always manage his profile by accessing the personal control panel and changing the address and / or his personal information, as well as viewing the order history, invoices and accessing the return procedure.
7.6. The registered User will always be able to view the catalog of available and purchasable products, the relevant product data sheets, prices, costs and shipping methods and any other information necessary for the correct formulation of the will to purchase, as well as the history of orders sent.
- How to conclude the online sales contract
8.1. The registered User can select the desired product and insert it in the cart by clicking on the "Shop" button. Once the purchases have been completed, the User who wishes to place the order must process / fulfill the cart by clicking on the "add to cart" button.
8.2. At this point the summary page called "check-out" will appear, ie the summary of the products placed in the cart and ready for purchase, analytically indicated also in the price (per item and overall), together with the delivery costs and the payment accepted, among which the User can choose.
8.3. The User who, after viewing the summary sheet, decides to place the order, must click on the "check-out" button.
8.4. After filling in the fields necessary for shipping and billing and choosing the desired payment method, the User must click on the General Conditions of Sale declaring to have read, understood and accepted the Purchase Terms. The conditions of sale are always viewable and accessible by the user by clicking on the relevant button in the footer of the site.
8.5. To continue purchasing the product, the User must select one of the available payment methods: • Credit Card Channel, through the Nexy Virtual POS Service
8.6. The online sales contract is considered concluded when the User receives the order confirmation by e-mail from the Seller containing the summary of the order;
8.7. The order confirmation email that the Seller will send to the User, will contain the order number, a summary of the purchase, the link where you can view the General conditions of sale and all the information necessary to identify the Seller. 8.8. In the event of an invoice request, it will be downloadable to the user's personal account within 5 working days following the conclusion of the sales contract. /span>
- Payment Methods
9.1. The payment of the products offered for sale by the Seller through the Portal can only be done through one of the following means: Credit Cards.
9.2. Each User (both professional Buyer and Consumer) declares to have the full right to use the chosen payment instrument. Each User must verify that the payment instruments in his possession have sufficient credit to cover all costs relating to purchases.
9.3. All communications relating to credit cards and similar payments take place on a specific line of the Seller protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
- Terms of delivery of the goods
10.1. The Seller will deliver the products purchased by the User according to the available method indicated in the "cart contents" window;
10.2. The Seller will deliver the goods by Express Courier, with a shipping time between 24 and 48 hours for Italy, from Monday to Friday, excluding holidays (except for products not available in stock) that run from the moment in which the online sales contract is finalized. The shipping terms are to be understood as indicative and not exhaustive: any delays in the delivery of the goods do not entitle the Consumer or the professional Buyer to terminate the online sales contract concluded, nor to claim damages;
10.3. During shipment, the goods travel at the risk and peril of the Consumer, therefore no responsibility can be charged to the Seller for any damage caused to the goods during transport or in the event of theft of the goods already delivered to the Carrier; in the event that the consumer detects evident damage to the packaging of the purchased goods, he must withdraw the same specifying to the carrier the clause "Reception with reserve".
10.4. For more information on the time of order fulfillment and to know how to track the shipment through the online tracking service, see the tab in your profile.
- Consumer withdrawal and refund rights
11.1. The Consumer, as required by art. 52 paragraph 2 of the Consumer Code and without prejudice to the provisions of art. 13 of these General Conditions, has the right to withdraw from the online sales contract stipulated, without any penalty and without specifying the reason within the term of 14 (fourteen) days. The withdrawal period expires after 14 days from:
- a) in the case of a contract for the sale of a single good (purchase of a single good) "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 goods";
- b) in the case of a contract relating to multiple goods ordered by the Consumer in a single order (Purchase of multiple goods with the same 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 the physical possession of the last good;
- c) in the case of a contract relating to the delivery of a good consisting of lots or multiple pieces: from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer himself, acquires physical possession of the last lot or piece.
11.2. Methods of exercising the right of withdrawal: to exercise the right of withdrawal, the Consumer is required to inform the Seller of his decision to withdraw from this online sales contract through an explicit declaration to be delivered to the email address email@example.com.
11.3. To properly exercise the right of withdrawal, the Consumer must express his willingness to withdraw, in the manner indicated above, by sending the Seller the said declaration within the deadline of the withdrawal period: the right of withdrawal is correctly exercised if the communication relating to the exercise of the right of withdrawal is sent to the Seller before the expiry of the withdrawal period. It is recalled that the burden of proof relating to the exercise of the right of withdrawal lies with the Consumer.
11.4. The right of withdrawal is exercised correctly if the following conditions are fully met:
- The products must not have been used
- The products must be returned in their original packaging and packaging and sealed as in order; the products must bear the state seal completely intact, in the same state in which the seal was found at the time of shipment of the product by Cocktail House
- The products must be delivered to the courier within 14 days of submitting the withdrawal request
- The products must not be damaged.
- Effects of the Consumer Withdrawal
12.1. When all the conditions of return mentioned have been respected, the Consumer who withdraws from this online sales contract will be reimbursed all payments made to the Seller, including delivery costs (except for the costs additional deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any case no later than 14 days from the day on which the Seller has received the returned goods and has verified the integrity as per return conditions. These refunds will be made using the same payment method used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any case, it will not incur any costs as a consequence of this refund;
12.2. The refund can be suspended until the goods are received or until the Consumer demonstrates that he has sent the goods back, if previous;
12.3. If the Consumer has received the goods covered by the online sales contract, he is required to return the goods to the addresses indicated in the appropriate section of the site, without undue delay and in any case within 14 days from the day on which the Consumer communicated the his withdrawal from this online sales contract. The deadline is respected if the goods are sent back before the expiry of the 14-day period;
12.4 The actual cost of the return will in any case be linked to the return methods chosen by the consumer himself (for example, the carrier or the type of shipment chosen);
12.5. In the event that the Seller has not fulfilled the information obligations related to the existence of the right of withdrawal, the methods and times for returning or withdrawing the goods in case of exercising the right of withdrawal, the deadline for exercising the right is 12 months after the end of the initial withdrawal period as indicated in the previous point. If the Seller provides the information indicated within the period of 12 months after the end of the initial withdrawal period, the right of withdrawal ends 14 days after the receipt of the information by the Consumer;
12.6. With the receipt of the communication with which the Consumer communicates the exercise of the right of withdrawal, the parties (Seller and Consumer) are released from their mutual contractual obligations, without prejudice to the provisions of the Consumer and Seller obligations previously mentioned.
- Exclusions from the Consumer's right of withdrawal
13.1. The Consumer Code provides for exclusions to the right of withdrawal for distance contracts and contracts negotiated outside business premises in relation to:
a) service contracts after the complete provision of the service if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the online sales contract by part of the Seller;
b) the supply of goods or services the price of which is linked to fluctuations in the financial market which the Seller is unable to control and which may occur during the withdrawal period;
c) the supply of tailor-made or clearly personalized goods;
d) the supply of goods that are liable to deteriorate or expire rapidly;
e) the supply of sealed goods that do not lend themselves to be returned for hygienic reasons or related to health protection and have been opened after delivery;
f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
g) the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the online sales contract, whose delivery can only take place after thirty days and whose actual value depends on market fluctuations which cannot be controlled by the Seller;
h) contracts in which the Consumer has specifically requested a visit by the Seller for the purpose of carrying out urgent repair or maintenance works if on the occasion of such visit, the Seller provides services in addition to those specifically requested by the Consumer or other goods from the spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to these additional services or goods;
i) the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery;
j) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
k) k) contracts concluded at a public auction;
l) l) the supply of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a specific date or period of execution;
- m) m) the supply of digital content through a non-material support if the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal.
- Liability and obligations of the Seller towards the Consumer: liability for defect, proof of damage and compensable damages
14.1. The Consumer undertakes to pay the price of the products in the manner and according to the terms described above and to print and keep the order confirmation email;
14.2. Pursuant to articles 114 and ss. of the Consumer Code, the Seller is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured person, within three months of the request, the identity and domicile of the producer or of the person who supplied him with the goods;
14.3. The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists;
14.4. The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer has put the product into circulation, did not yet allow the product to be considered defective;
14.5. No compensation will be due if the injured party has been aware of the defect of the product and the danger that derives from it and has nevertheless voluntarily exposed himself to it. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage;
14.6. The injured party can claim compensation for damage caused by death or personal injury or destruction or impairment of property other than the defective product, provided they are of a type ordinarily intended for private use or consumption, and so mainly used by the injured;
14.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros);
14.8. In no case, the Consumer may be held responsible for delays or mistakes in the payment if he proves scoring the payment in the same time and manner specified by the Seller;
14.9. The Seller cannot be held responsible for damages, losses and costs incurred by the Consumer as a result of the non-execution of the contract for reasons not attributable to him, having the Consumer entitled only to the full refund of the price paid and of any accessory charges incurred.
- Seller's right of withdrawal
15.1. The seller is recognized pursuant to art. 1373 c.c. right of withdrawal ad nutum within 14 days from the order confirmation. This withdrawal can be exercised by sending e-mails to the mailbox provided by the User during registration.
15.2. All payments made to the Seller, including delivery costs, will be refunded to the user using the same payment method used for the initial transaction.
- Guarantees and methods of assistance to the Consumer
16.1. For the purposes of this contract, consumer goods are presumed to comply with the contract if, where relevant, the following circumstances exist: a) they are suitable for the use for which goods of the same type are normally used; b) comply with the description made by the seller and possess the qualities of the goods that the seller has presented to the Consumer as a sample or model; c) present the usual quality and performance of an asset of the same type, which the consumer can reasonably expect, taking into account the nature of the asset and, where appropriate, public declarations on the specific characteristics of the goods made in this regard by the Seller, by the producer or its agent or representative, particularly in advertising or on labeling; d) they are also suitable for the particular use desired by the Consumer and which was brought to the attention of the Seller at the time of the conclusion of the contract and which the seller has accepted also for conclusive facts;
16.2. The Consumer declines all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it;
16.3. In any case, unless proven otherwise, it is assumed that the defects of conformity that occur within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance;
16.4. In the event of a lack of conformity, the Consumer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request it is not objectively impossible to satisfy or is excessively onerous for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code;
16.5. The request must be sent in writing, by registered mail with return receipt or by certified e-mail or e-mail to the Seller, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within seven working days from receipt. In the same communication, if the Seller has accepted the Consumer request, he must indicate the methods of shipping or returning the goods as well as the deadline for returning or replacing the defective goods;
16.6. If the repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Consumer , the latter may request, at his option, a reasonable reduction in the price or the termination of the contract. In this case, the Consumer must send his request to the Seller, who will indicate his willingness to act on it, or the reasons that prevent him from doing so, within seven working days of receipt;
16.7. In the same communication, if the Seller has accepted the Consumer request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the responsibility of the Consumer to indicate the methods for re-crediting the amounts previously paid to the Seller;
16.8. The Consumer may communicate any complaints to the Seller or request support and assistance by e-mail at the following addresses: firstname.lastname@example.org
- Use of the Portal and Responsibilities of the Seller | of Users
17.1. The User benefits from the services offered by the shop-on-line platform at his expense: the supply of the PC and internet connection is at his expense;
17.2. The Seller is not responsible for the improper use of the site by the Users, for disservices or malfunctions of the site and does not assume responsibility for disservices attributable due to force majeure, in the event that it is unable to execute the order in time provided by the contract;
17.3. In the event of non-execution of the contract for reasons not attributable to the Seller, the latter will not be liable to the Professional Buyer or Consumer for damages, losses or costs incurred, having the Buyer the right to a full refund of the price paid and any accessory charges supported;
17.4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, if it proves that it has taken all possible precautions based on the best science and experience of the moment and based on ordinary diligence;
17.5. The Portal is made available without the issue of any specific guarantee or license: the User who uses it assumes all the risks associated with the use of the Internet and IT applications (hardware and software) and must ensure that he is in compliance with basic IT security aids (antivirus, firewall, etc.) and avoid downloading unsafe or dangerous material;
17.6. The Seller is not responsible and is not responsible for any viruses, malicious codes or any problems related to the User's internet browsing as they are not dependent on the Seller's work;
17.7. In particular, the Seller disclaims any responsibility related to the following:
- a) Incompatibility of the Site with the equipment, software and telecommunication connections available to the User;
- b) Attacks suffered by the buyer / consumer while browsing the web (by way of example but not exclusively: viruses, malicious codes, etc.);
- c) Damage to the IT equipment / software that the Professional Buyer uses for navigation not directly attributable to the seller,
- d) Portal outages or malfunctions attributable to force majeure;
- e) Inefficiencies or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers, except in cases of willful misconduct or gross negligence;
- f) Interruptions of the shop-on-line service;
- g) Fraudulent and illicit use that can be made by third parties of credit cards, checks and other means of payment, when paying for the products purchased, if it proves that it has taken all possible precautions according to the best science and experience of the moment and based on ordinary diligence.
17.8. Once the online purchase procedure is concluded, the User undertakes to print and keep this contract.
- Causes of resolution
18.1. The obligation referred to in point 14.1 is of an essential nature, so that its failure, unless determined by unforeseeable circumstances or force majeure, will entail the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial judgment.
- Contract archiving methods
19.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Consumer that every order sent is stored in digital / paper form at the Seller's premises or on the information system / IT tools of the seller's service providers and whose relationships are regulated by a regular service contract.
- Intellectual property
20.1. The Seller retains all intellectual property rights on the products offered for sale on the Portal, in particular with respect to models, images, characteristics and specifications of the product and other information that may be accessible to Users and more generally to visitors to the site;
20.2. It is forbidden to copy, sell, take possession of or otherwise share the images displayed on the Portal without the prior permission of the Seller. Any violation is punished according to applicable laws.
- Protection of personal data
- Applicable law and competent court
22.1. This contract is regulated by the Italian law;
22.2 For any dispute related to the online sales contract or to these General Conditions that may arise between the Seller and the Consumer, the competent Court is that of the place of residence or domicile of the Consumer if located in the territory of the state, mandatory pursuant to 'art. 66 bis of the Consumer Code.
- l) l) the supply of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a specific date or period of execution;
- k) k) contracts concluded at a public auction;
- j) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
- i) the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery;
- h) contracts in which the Consumer has specifically requested a visit by the Seller for the purpose of carrying out urgent repair or maintenance works if on the occasion of such visit, the Seller provides services in addition to those specifically requested by the Consumer or other goods from the spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to these additional services or goods;
- g) the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the online sales contract, whose delivery can only take place after thirty days and whose actual value depends on market fluctuations which cannot be controlled by the Seller;
- f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
- e) the supply of sealed goods that do not lend themselves to be returned for hygienic reasons or related to health protection and have been opened after delivery;
- d) the supply of goods that are liable to deteriorate or expire rapidly;
- c) the supply of tailor-made or clearly personalized goods;
- b) the supply of goods or services the price of which is linked to fluctuations in the financial market which the Seller is unable to control and which may occur during the withdrawal period;