General Conditions of Sale

 

  1. Name of the Site and ownership of the domain name
    These General Conditions of Sale (“GCS”) govern the offer and sale of products on this website www.bottegaenologica.com. The Site is owned by Redentor srl, with registered office in 47039 Savignano sul Rubicone (FC), Viale della Libertà, 107, VAT 04304880406, which is also the owner of the domain name.
  2. Scope of application of the GCS and navigation on the Site the offer and sale on the Site of the Products constitute a distance contract
    governed by art. 45 et seq. of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”) and Legislative Decree no. 70 of 9 April 2003, containing the regulation of electronic commerce.
    These General Conditions of Sale apply to all sales made by Redentor srl, on the Site.
    The General Conditions of Sale may be modified at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site in the “Conditions of Sale” section. Users are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
  3. Purchases on the Site The purchase of Products on the Site can be made after registration on the Site, in the manner referred to in art. 4 below, and is allowed both to users who are consumers and to users who are not. To the people
    physical purchase is allowed only on condition that they are eighteen years old. It can also be done by e-mail, telephone or fax to the addresses indicated on the site.
    Pursuant to art. 3, paragraph I, lett. a) of the Consumer Code, please note that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out are consumers. Finally, Redentor srl reserves the right to refuse or cancel orders that come from
    (1) by a user with whom you have an ongoing legal dispute;
    (2) by a user who has previously violated these GTC and/or the
    conditions and/or terms of the purchase contract with the Seller;
    (3) by a user who has been involved in fraud of any kind and, in
    particular, in fraud relating to credit card payments;
    (4) by users who have issued false, incomplete or otherwise inaccurate identification data or who have not promptly sent to Redentor srl the documents requested by the same as part of the procedure referred to in art. 10 that follows or that have sent you invalid documents.
  4. Registration on the Site. Registration on the Site is free. To register on the Site, the user must fill out the appropriate form, entering name, surname, Tax Code, place and date of birth, address, including zip code, telephone number, an e-mail address and a password, acceptance of the conditions of sale and Privacy Policy and click on the “Send” button. Each user can take advantage of only one registration on the Site.
    Registration credentials (e-mail address and password) must be kept with extreme care and attention. They can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. He also undertakes to immediately inform Redentor srl, by contacting it at the number indicated on the site, in the event that he suspects or becomes aware of improper use or improper disclosure of the same.
    The Registered User guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold Redentor srl harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration to the Site or on the conservation of registration credentials.
  5. Information aimed at the conclusion of the online contract
    In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Redentor srl informs the user that:
  6. to conclude the purchase contract for one or more Products on the Site, the user must fill out an electronic form and send it to Redentor srl, electronically, by operation the appropriate command, where the payment obligation is specified, following the instructions that will appear from time to time on the Site;
  7. the contract is concluded when the order form reaches the server used by Redentor srl;
  8. before proceeding with the transmission of the order form, the user can identify and correct any data entry errors by following the instructions on the Site;
  9. once the order form has been registered and confirmation of the validity of the means of payment used, Redentor srl will send the user to the e-mail address indicated the order confirmation containing: a summary of the general and particular conditions applicable to the contract, the link to the general conditions page, information on the essential characteristics of the product purchased, a detailed indication of the price, the means of payment used, the delivery costs and any additional costs as well as information on the right of withdrawal;
  10. the order form will be filed in the database of Redentor of Marcello Ircani & C. Sas for the time necessary for the execution of the same and, in any case, within the terms of the law.
  11. Product Availability
    Within the Product Sheet there will be information on the availability of each Product. The availability of the Products is continuously monitored and updated. However, since the Site can be visited by multiple users at the same time, it may happen that several users purchase, at the same time, the same Product. In such cases, therefore, the Product may be, for a short period of time, available, being instead out of stock or not immediately available, being for the same necessary to wait for the restocking. If the Product is no longer available for the reasons indicated above or in other cases of unavailability of the Product, without prejudice to the rights attributed to the user by law, Redentor srl, will immediately notify the user by e-mail.
    Redentor srl will also propose to the user:
  • if it is possible to restock the Product, an extension of the delivery terms, indicating the new delivery time of the restocked Product;
  • if it is not possible to restock the Product, alternatively and at the user’s choice:
  1. the termination of the purchase contract and the consequent return the total amount due, consisting of the price of the Product, the shipping costs, if any, and any other additional costs, as resulting from the order;
  2. the supply of a different product, of equivalent or greater value, subject to payment, in the latter case, of the difference, and subject to express acceptance by the user.
    The user’s choice must be promptly communicated to Redentor srl by e-mail, telephone or fax at the addresses indicated on the site.
    In the event that the user chooses the remedy referred to in paragraph 2 above, the purchase contract concerning the product that has become unavailable will be terminated and the total amount due released. The user must then proceed with the order and payment of the different product, in the manner set out in these General Conditions of Sale and as specifically indicated by Redentor srl. In the event that the user chooses the remedy referred to in point 1 above, the new delivery term, due to the technical time of the restocking, exceeds 20 days from the sending of the order, the purchase contract concerning the product that has become unavailable, will be terminated and the total amount due released.
    In the case of orders concerning a plurality of Products, if the supervening unavailability concerns only some of the Products covered by the multiple order, Redentor srl will immediately notify the user by e-mail. Redentor srl will also propose to the user:
    1. (I) where a replenishment of the products is possible the object of the multiple order that has become unavailable, an extension of the delivery terms for these products, indicating the new delivery time of the same;
    2. (II) if a replenishment of the product is not possible, alternatively and at the user’s choice:
  3. the partial termination of the purchase contract with reference to the products covered by the multiple order that have become unavailable, with the consequent refund of the amount due in relation to such products, including shipping costs, the costs of any additional services on delivery and any other additional costs due in relation specifically to such products; The termination of the entire multiple order will be possible only in the case of evident and proven accessory nature of the products covered by the multiple order that have become unavailable compared to the other products covered by the multiple order available;
  4. the supply, in place of the products covered by the multiple order that have become unavailable, of different products, of equivalent or greater value, upon payment, in the latter case, of the difference and prior express acceptance by the user.
    The user’s choice must be promptly communicated to Redentor srl by e-mail, telephone or fax at the addresses indicated on the site.
    In the event that the user chooses the remedy referred to in point 2 above, the purchase contract concerning the Product and/or Products that have become unavailable will be partially terminated, limited to such product(s) and the partial amount due by the user in relation to such Product(s), released. The release times depend on the banking system and can reach the natural expiry of the Authorization which is 25 days from the date of confirmation of the Authorization. Once the user’s credit card issuer has been notified of the release of the amount committed, in no way
    in case the Selling Company may be held responsible for any damage caused by the delay in the release of this amount by the banking system. The user must then proceed with the order and payment of the different product or products, in the manner set out in these General Conditions of Sale and as specifically indicated by Redentor srl.
    In the event that the user chooses the remedy referred to in point 1 above, the new delivery term, due to the technical time of the restocking, exceeds 20 days from the sending of the order, the purchase contract concerning the product and / or products that have become unavailable will be partially terminated, limited to such product (s) and the partial amount due by the user in relation to such product (s), Released. The user must then proceed with the order and payment of the restocked product or restocked products, in the manner set out in these General Conditions of Sale and as specifically indicated by Redentor srl.
  5. Product Information
    Each product is accompanied by an information sheet that illustrates its main characteristics. The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the products. The colors of the products, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their display. The images of the product in the product sheet, moreover, may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
  6. Prices
    All prices of the products published on the Site are expressed in Euros and are inclusive of Value Added Tax.
    Redentor srl reserves the right to adjust the price of the products, at any time, without notice, it being understood that the price charged to the user will be the one indicated on the Site at the time the order is placed and that any changes (increasing or decreasing) subsequent to the transmission of the same will not be taken into account.
    In the event that a product is offered on the Site at a discounted price, the product sheet will indicate (I) the full reference price against which the discount is calculated and (II) what this full reference price corresponds to.
    It is understood that the offer of products at discounted prices will be made only if the full reference price of the product corresponds to the actual market price of the same. In the event that no indication is inserted, it must be understood that the full reference price is the price at which the product was previously sold on the Site.
  7. Purchase orders
    Without minimum order, transport costs charged to the customer.
    Redentor srl will ship the products only after receiving confirmation of authorization to pay the Total Amount Due.
    The purchase contract is terminatively conditional on payment of the Total amount due. In the event that the authorization to pay the total amount due is not confirmed, the purchase contract will therefore be considered terminated by law. The user will be notified through the Site that the transaction has not been successful and that the order has been consequently canceled.
    The ownership of the products will be transferred to the buyer at the time of shipment, to be understood as the time of delivery of the Product to the carrier.
    The risk of loss or damage to the products, however, will be transferred to the user, when the user, or a third party designated by the same and different from the carrier, acquires physical possession of the products.
    In order to send a purchase order, it is necessary to read and approve these GCS, by checking the appropriate box on the pages of the purchase process. Failure to accept the GCS will make it impossible to make purchases on the Site.
  8. Methods of payment
    Payment for products purchased on the Site can be made by credit card, PayPal and bank transfer in advance. Online payment is made via a secure server (SSL 128 bit and protocols Verified by VISA and Mastercard SecureCode) managed by Keyclient in order to guarantee the security of transactions. At the time of transmission of the order, Redentor srl makes a request for the use of the user’s credit card for the Total Amount Due indicated in the order form, with the effect, if the requested authorization is confirmed, to book and block the sum corresponding to this amount, subtracting it from the user’s availability. The actual charge of the Total Amount Due to the user’s credit card will be made at the time of Shipment of the Products. In the case of multiple orders involving products that must be delivered separately, the actual charge will be made to the time of shipment of the last Product.
    Payment by bank transfer is made by selecting “bank transfer” among the payment methods. After our confirmation of availability of all the products ordered and the total amount of the shipment, the transfer is made to your bank, indicating in the reason for payment the order number that is communicated at the time of purchase. The purchased products will be sent as soon as we receive confirmation of payment (usually 3-4 days pass from the time the transfer is made to the moment in which he arrives at the bank). Sending the accounting officer by fax or e-mail speeds up the order processing time. The bank details of the current account to which to make the transfer are as follows:

    Credito Cooperativo Romagnolo bcc di Cesena e Gatteo
    CIN EU: 15
    CIN IT: C
    ABI: 07070
    CAB: 68010
    C/C: 024000857218
    IBAN: IT15C0707068010024000857218 Beneficiario: Redentor srl
    In order to guarantee the security of payments made on the Site and prevent any fraud, Redentor srl reserves the right to ask the user, by e-mail, to send, by the same means, a copy of the front / back of the identity document and, in the event that the holder of the order is different from the holder of the document, of the latter’s identity document. The document must be valid. The request e-mail will specify the deadline within which the document must be received by Redentor srl. Such
    term will not, in any case, exceed 5 working days from receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
    In the event that Redentor srl does not receive such
    documents within the term specified in the request e-mail or receive expired or invalid documents, the contract will be considered terminated by right pursuant to and for the purposes of art. 1456 c.c. and the order consequently canceled, without prejudice to the right of Redentor srl to compensation for any damage in which the same may incur due to the non-compliant behavior of the user. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the expiry of the
    deadline for sending the documents requested by the Selling Company, will result in the cancellation of the order, with consequent release of the total amount due for which authorization was requested.
    In case of receipt by Redentor srl of valid documentation within the term indicated in the e-mail, the delivery terms applicable to the Product will start from the date of receipt of the same. The private customer who wishes the issuance of the invoice must request it by e-mail to the info@ bottegaenologica.com address before placing the order, specifying all his data necessary for this purpose such as: surname, first name(s), tax code, date and place of birth and billing address.
    For the issuance of the invoice, the information provided by the buyer to Redentor srl and that the same guarantees to be true. No change in the invoice will be possible after the issuance of the same.
  9. Shipping of Products
    The purchased products will be sent and delivered to the shipping address indicated by the buyer. The Redentor srl currently uses services: Packlink Pro, which rely on the following couriers: Poste Italiane, Bartolini BRT, TNT, UPS, SDA, NEXIVE, STARKPACK.
    After receiving the order you will be contacted with the total shipping costs. After processing the order, an email will be sent in 1 – 2 working days with confirmation of shipment and estimated delivery times are 1 – 2 working days (therefore excluding Saturdays, Sundays and holidays). It is necessary to provide an address where there is someone to make the withdrawal. The Courier does not normally notify us by telephone for delivery. The shipping costs payable by a user in relation to a specific order may vary depending on the shipping method chosen by the user and / or the type and / or weight of the Product and / or the fact that more Products are purchased with the same order and / or the possibility that offers and / or promotions are applied in relation to the order.
    For private customers, the specific amount of the Home Delivery costs payable by the user in relation to a specific order will be expressly and separately indicated (in Euro and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds with the transmission of the same, as well as in the order confirmation e-mail. The taxation of shipments by all couriers is made based on weight
    and, for goods with high volume and low weight, according to volume. A weight/volume ratio of 200 kg per cubic meter is established and the most favorable tariff is applied (e.g. 1 plastic fermenter of 28 liters weighs about 2 kg but has a volume of 0.06 cubic meters which is taxed as if it weighed 12 kg).
    Below, the Table of shipping costs See attached file Paclink pro For professional customers the amount of shipping costs due by the user in relation to a specific order is communicated with the order confirmation.
    In case of partial withdrawal from multiple orders, the amount of shipping costs to be refunded to the user will be quantified by subtracting from the shipping costs incurred by the buyer in relation to the original order, the amount of shipping costs that would have been charged to the user, if the original order had not been present the product for which he exercised the withdrawal.
    The amount of shipping costs to be refunded to the user will therefore be equal to the difference between the shipping costs of the order and the shipping costs of the recalculated order. The calculation method illustrated will be applied in any other case in which Redentor srl proceeds to the partial refund of shipping costs, without prejudice to the provisions for the cases in which such restitution has cause in a default of Redentor srl contemplated below.
    In any case, the amount of shipping costs to be returned can never exceed the amount of shipping costs actually paid by the user.
    In the event that, in relation to multiple orders, Redentor srl has to proceed with the partial refund of shipping costs due to a breach of the same, the amount of shipping costs to be reimbursed to the user will be quantified by subtracting the shipping costs incurred by the buyer in relation to the original order, the amount of the costs
    shipment that would have been charged to the user if the original order had not been present the product in relation to which the non-fulfillment of Redentor srl occurred.
    The amount of shipping costs to be refunded to the buyer will therefore be equal to the difference between the shipping costs of the original order and the shipping costs of the recalculated order, it being understood that the amount of shipping costs to be returned can never exceed the amount of shipping costs actually paid by the user
    The shipment is considered completed when the product is made available to the user at the shipping address indicated to Redentor srl. Home Delivery is intended at street level, unless otherwise provided in the product sheet or that the user has expressly requested the delivery service to the floor.
    The user acknowledges that the withdrawal of the product is his precise obligation deriving from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, the courier will leave in the mailbox a notice of passage containing the number to contact him. The courier will then make a second delivery attempt the next day. After two failed delivery attempts, an attempt will be made to contact the Customer by telephone. If this attempt is also unsuccessful, the package will be “in storage” at the courier. The user is required to collect the Product within eight calendar days from the second day following that on which it was
    left the Notice of Passage. In the event that the user does not collect the product within this period, the purchase contract will be considered terminated, without returning any of the ones paid by the user, since they are mainly perishable products.
    After the second unsuccessful delivery attempt, without prejudice to the user’s obligation to collect the product within the indicated term, under penalty of termination of the contract, Redentor srl reserves the right to contact the user to invite him to collect the package before the expiry of this period.
    In the case of multiple orders that concern products that must be delivered separately, the above procedure will be applied autonomously to each delivery, with the consequence that failure to collect the product within the term indicated in this article will not result in the termination of the entire contract, but the partial termination of the same with reference only to the product not withdrawn.
    It is up to the user to verify the condition of the Product that has been assigned to him
    handed over. The user is recommended to check the number of products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal strapping) and is invited, in his interest, to indicate on the carrier’s transport document, any anomalies, accepting the package with reserve. The unreserved receipt of the products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the products, except in the event that the loss or damage is due to willful misconduct or gross negligence of the courier itself and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, it is also recommended that the user promptly notify Redentor srl. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains unchanged.
    In the event that the purchased product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites Redentor srl to make the delivery within an additional period appropriate to the circumstances (“Additional Term pursuant to art. 61, paragraph III, Consumer Code”). If this additional period expires without the products having been delivered to him, the user is entitled to terminate the contract (“Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code”), without prejudice to the right to compensation for damages. The user is not burdened with the burden of granting Redentor srl the Additional Term pursuant to art. 61, paragraph III, Consumer Code (“Excluded Cases”) if:
    a) Redentor srl has expressly refused to deliver the Products;
    b) compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
    c) the user has informed Redentor srl, before the conclusion of the contract, that delivery by a specific date is essential.
    In the excluded cases, the user, if he does not receive the products within the delivery time indicated during the purchase process and in the order confirmation, is entitled to terminate the contract immediately, without prejudice to the right to compensation for damages (“Termination of the Contract in Excluded Cases”).
    The indication of the Additional Term pursuant to art. 61, III, Consumer Code and the notice of termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Termination of the Contract in Excluded Cases must be communicated by the user to Redentor srl at the addresses indicated in these General Conditions of Sale.
    In the event of termination of the Contract pursuant to art. 61, paragraph III, Code of
    Consumption or Termination in the excluded cases, Redentor srl will refund the user the total amount due without undue delay, according to the methods indicated below.
    In the event that the user does not proceed with the setting of the additional term pursuant to art. 61, III, Consumer Code or, if the conditions are met, to the termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or the termination of the Contract in the cases excluded, without prejudice to the possibility for the user to avail himself at any time of such remedies and / or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, Redentor srl undertakes, In any case, to:
    (I) notify the user promptly and by e-mail of the delay in delivery (“Delay Notice E-mail”), indicating at the same time a new delivery term, if available (“New Delivery Term”);
    (II) in case of delivery with a delay of between 1 and 3 working days with respect to the New Delivery Term: recognize the user a voucher reimbursement of an amount equal, in the case of Home Delivery, to the value of the delivery costs paid by the user or, in the case of Delivery to the Redentor Point of Sale of Marcello Ircani & C. Sas, to a voucher reimbursement of an amount equal to the lump sum determined of Euro 5;
    (III) in case of delivery with a delay of between 4 and 10 working days with respect to the New Delivery Term: allow the user to refuse delivery and terminate the contract, resulting in a refund of the Total Amount Due paid, immediately and, in any case, within 10 working days from the request for termination of the contract or, alternatively, if the user does not want to terminate the contract, recognize the user a voucher reimbursement of an amount equal, in the case of Home Delivery, to the delivery costs paid by the user or, in the case of Delivery to the point of sale, to a voucher reimbursement of an amount equal to the sum determined by Euro 5, plus, regardless of the user’s choice, a voucher
    reimbursement of Euro 5;
    (IV) in the event of a delay in delivery of more than 10 working days with respect to the New Delivery Term or, in any case, 20 days from the original delivery term, offer you the possibility to, alternatively: (a) terminate the contract, resulting in a refund of the total amount due paid, immediately and, in any case, within 10 working days from the request for termination of the contract; or (b) accept the supply, in the manner specified below, of a different Product of equivalent or greater value, subject to payment, in the latter case, of the difference and subject to your express consent, recognizing the user, where applicable, a voucher reimbursement of an amount equal, in the case of home delivery, to the difference between the delivery costs foreseen in the original order and the delivery costs paid by the user in relation to the Different Product or, in the case of Delivery to the Redentor Point of Sale of Marcello Ircani & C. Ras, to a voucher reimbursement of an amount equal to the lump sum determined of Euro 5, plus, regardless of the user’s choice, a voucher reimbursement of Euro 8.
    In the case of multiple orders concerning products that must be delivered separately, the procedure described above will be applied autonomously to each delivery. With respect to each delivery and therefore limited to the products covered by the same, the user may proceed with the setting of the Additional Term pursuant to art, 61, paragraph III, Consumer Code and the Resolution pursuant to art. 61, paragraph III, Consumer Code or Resolution in excluded cases, if the relative conditions are met.
    In this case, Redentor srl will refund the user the partial amount due without undue delay. The refund will be made in the manner indicated below.
    In the event that the user, in the event of Multiple Orders, does not proceed with the
    setting the Additional Term pursuant to art. 61, paragraph III, Consumer Code or, if the conditions are met, to the termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or the termination of the contract in the cases excluded, in relation to the individual delivery and the related products, without prejudice to the possibility for the user to avail himself at any time of such remedies and / or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the Redentor by Marcello Ircani & C. Sas. undertakes to:
    (I) promptly send the Delay Notice E-mail, indicating at the same time the New Delivery Term, if available;
    (II) in case of delivery of one of the Products covered by the Multiple Order with a delay of between 1 and 3 working days with respect to the New Delivery Term, recognize the user a voucher reimbursement of an amount equal, in the case of Home Delivery, to Euro 5.00 or, in the case of delivery at the point of sale, of an amount equal to the lump sum determined of Euro 5;
    (III) in case of delivery of one of the products subject to the multiple order with a delay of between 4 and 10 working days with respect to the New Delivery Term, allow the user who requests it to refuse delivery and partially terminate the contract limited and with exclusive reference to the product subject to the multiple order delivered late, with consequent reimbursement only of the amount paid by the user in relation to this specific Product including, if due, the costs of Home Delivery, calculated as already specified, immediately and, in any case, within 10 working days from the request for partial termination of the contract or, alternatively, if the user does not want to partially terminate the contract, recognize the user a voucher reimbursement of an equal amount, in the case of Home Delivery, to the delivery costs calculated as indicated above or, in the case of delivery to the point of sale, to a voucher reimbursement of an amount equal to the lump sum determined of Euro 5, plus, regardless of the user’s choice, a voucher reimbursement of Euro 5; the resolution of the entire multiple order will be possible only in the case of evident and proven accessory nature of the products covered by the multiple order delivered late or not delivered compared to the other Products covered by the Multiple Order delivered promptly or still to be delivered;
    (IV) in the event of delay in the delivery of one of the products subject to the multiple order of more than 10 working days with respect to the New Delivery Term or, in any case, 20 days with respect to the original delivery term, offer the user the possibility to, alternatively: (a) partially terminate the contract limited and with exclusive reference to the Product subject to the Multiple Order subject to the delay, with consequent reimbursement only of the amount due by the user in relation to this specific Product, including, if due, the costs of Home Delivery, calculated as previously indicated immediately and, in any case, within 10 working days from the request for partial termination of the contract; or (b) accept the supply, in the manner indicated below, of a different product of equivalent or greater value, subject to payment, in the latter case, of the difference and subject to your express consent, recognizing to the user where applicable, a voucher reimbursement of an amount equal, in the case of home delivery, to the difference between the delivery costs referred to in the original order, calculated as indicated above and the delivery costs paid by the user in relation to the different product or, in the case of delivery to the point of sale, to a voucher refund of an amount equal to the lump sum determined of Euro 5, plus, regardless of the user’s choice, a voucher refund of Euro 8; the resolution of the entire multiple order will be possible only in the case of evident and proven accessory nature of the products covered by the multiple order subject to delay or non-delivery compared to the other Products covered by the Multiple Order delivered promptly or still to be delivered. The vouchers indicated in the preceding paragraphs will be recognized, through the activation of personalized discount codes, within 10 working days from the day on which the conditions for their issuance have occurred and can be spent on the site within a maximum period of 5 months from the credit. In the event of termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Termination of the Contract in the cases excluded, the user will be recognized, in the same manner and within 10 working days from the termination of the contract, a voucher for a refund of an amount equal to the sum determined by a flat rate of Euro 8, which can be spent on the Site within a maximum period of 5 months from the credit. The acceptance of the New Delivery Term must be promptly communicated to Redentor srl by e-mail to the address indicated in these General Conditions of Sale. If you choose to supply a different product, the purchase contract for the late or undelivered product will be terminated and the total or partial amount owed by you in relation to that product will be refunded. The user must then proceed with the order and payment of the different product, in the manner set out in these General Conditions of Sale and as specifically indicated by Redentor srl.
  10. Right of withdrawal
    Exclusively for purchases made from the site, the user who is a consumer has the right to withdraw from the purchase contract of the Product without any penalty, without specifying the reason and without having to incur costs other than those specified below, within fourteen calendar days.
    The withdrawal period starts:
    a) in the case of an order relating to a single product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the products;
    b) in the case of a multiple order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last product;
    c) in the case of an order relating to the delivery of a product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece. To exercise the right of withdrawal, the user must inform Redentor srl, before the expiry of the withdrawal period, of his decision to withdraw. To this end, the user may:
    (a) use the standard withdrawal form (“Model Withdrawal Form”) made available to you on the Site.
    b) submit any other explicit statement of its decision to withdraw from the contract (“Declaration of Withdrawal”).
    The user has exercised his right of withdrawal within the withdrawal period, if the communication concerning the exercise of the right of withdrawal (i.e. the Model Withdrawal Form or the Declaration of Withdrawal) is sent by the consumer before the expiry of the withdrawal period. In the event that the user makes use of the Declaration of Withdrawal, the consumer is invited to indicate in the Declaration of Withdrawal the order number, the product (s) for which he intends to exercise the right of withdrawal and his address. Without prejudice to the hypothesis of sending the Model Withdrawal Form through the online procedure indicated below, the Model Withdrawal Form or the Declaration of Withdrawal must be sent to the following address:
    Redentor by Marcello Ircani & C. Sas
    Liberty Avenue 107
    47039 – Savignano sul Rubicone (FC)
    It should be noted that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the user, it is in the user’s interest to use a durable medium when communicating to Redentor srl his withdrawal.
    Redentor srl offers the user the possibility of
    fill in and send the Model Withdrawal Form electronically, following the guided procedure made available to you on the Site. In this case, Redentor srl will send the user, without delay, by email, a confirmation of receipt of the Model Withdrawal Form. It will then send the user the Transport Document that the user is advised to include in the package when returning the product. The user must return the products to Redentor srl, using a carrier of his choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he communicated to Redentor srl his decision to withdraw (“Return Deadline”). The Return Policy is respected, if the user sends back the products before the expiry of the fourteen-day period. The Product, suitably protected and packaged and, if possible, in the original packaging (the original packaging is always required if the serial numbers of the
    products, as explained in more detail below) must be returned to the following address:
    Redentor by Marcello Ircani & C. Sas
    Liberty Avenue 107
    47039 – Savignano sul Rubicone (FC)
    The direct costs of returning the products are borne by the user as well as the responsibility for the transport of the same. As an alternative to the methods of exercising the right of withdrawal and return of the above products, those who have benefited from delivery to the point of sale for the product for which they intend to withdraw may, after exercising the withdrawal within the withdrawal period, return the product to the point of sale within the deadline for the Return.
    If the user withdraws from the contract, Redentor srl
    will refund the total amount due paid by the user for the product, without undue delay and in any case no later than 14 calendar days from the day on which Redentor srl was informed of the user’s decision to withdraw from the contract. The refund will be made using the same means of payment used by the user for the initial transaction; In any case, the user will not incur any costs as a result of such reimbursement.
    The user is solely responsible for the diminished value of the goods resulting from handling of the product other than that necessary to establish the nature, characteristics and functioning of the product. The product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, where present, still attached to the product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. The withdrawal also applies to the product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the product.
    In the event that the product for which the withdrawal has been exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the product, the amount of reimbursement may be reduced by an amount equal to this decrease in value. Redentor srl will notify the user of the circumstance and the consequent decreased amount of reimbursement within 5 working days of receipt of the product, providing the same, in the event that the refund has already been paid, with the bank details for the payment of the amount due by the user due to the decrease in value of the product.
    In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The
    Redentor srl will notify the user
    within 5 working days of receipt of the Product, rejecting the request for withdrawal. The product will remain at Redentor srl available to the user for collection which must take place at the expense and under the responsibility of the user.
    The right of withdrawal for distance contracts and contracts negotiated away from business premises, does not apply in the following cases provided for by law:
    (a) service contracts after the full performance of the service if performance has begun with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full performance of the contract by the trader;
    (b) the supply of goods or services the price of which is linked to fluctuations in the financial market which the trader is unable to control and which may occur during the withdrawal period;
    c) the supply of goods made to measure or clearly personalized. This hypothesis also includes the grinding service carried out at the request of the customer for the malt grains purchased separately or included in the All Grain Beer Kits and in the Beer Kits E + G;
    (d) the supply of goods liable to deteriorate or expire rapidly;
    (e) the supply of sealed goods which are not suitable for return for hygienic or health protection reasons and have been unsealed 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 conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations on the market which cannot be controlled by the trader;
    (h) contracts where the consumer has specifically requested a visit by the trader for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such a visit, the trader provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal shall apply to those additional services or goods;
    (i) the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery;
    (l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
    (m) contracts concluded at a public auction;
    (n) the provision of accommodation for non-residential purposes, transport of goods, car rental services, catering services or services related to leisure activities where the contract provides for a specific date or period of performance;
    (o) the supply of digital content on a non-tangible medium if performance began with the consumer’s express agreement and acceptance that he would lose his right of withdrawal in that case.
  11. Legal guarantee of conformity
    All products sold on the Site are covered by the legal guarantee of conformity provided for by Articles. 128-135 of Legislative Decree no. 206/2005 (“Consumer Code”) (“Legal Guarantee”).
    The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. The purchase with VAT number is considered an indication of the non-existence, for the purposes of the Legal Guarantee, of the quality of consumer. To those who purchase with VAT will therefore not be applied the Legal Guarantee, but
    The guarantees for defects of the thing sold, the guarantee for defects of quality promised and essential and the other guarantees provided by the Civil Code with the relative terms, forfeitures and limitations will be applied.
    The seller (and, therefore, with regard to purchases made on the Site) Redentor srl is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered. Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following delivery of the product, it will instead be the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery of the same. In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable that the user, for the purposes of this proof, keep the order confirmation or purchase invoice, if requested, or the DDT or any other document that can certify the date of purchase (for example the credit card statement or bank statement) and delivery.
    With regard to the guarantee, the SCADI included in the package is authentic, therefore in the list of
    Documents to be kept we can add, for example after “the DDT”, “or the document attached to the delivery”.
    There is a lack of conformity, when the purchased good:
  12. it is not suitable for the use for which goods of the same type are normally used;
  13. does not conform to the description given by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
  14. does not have the usual qualities and performances of goods of the same type, which the consumer can reasonably expect, also taking into account the statements made in advertising or labelling;
  15. it is not suitable for the particular use desired by the consumer and that has been brought to the attention of the seller at the time of conclusion of the contract and that the seller has accepted.
    Any failures or malfunctions caused by accidental events or by the user’s responsibility or by a use of the product that does not comply with its intended use and / or as provided in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee. In case of lack of conformity duly reported within the terms, the user has the right:
  • primarily, to the repair or free replacement of the goods, at his choice, unless the remedy requested is objectively impossible or excessively burdensome compared to the other;
  • secondarily (i.e. in the event that repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at his choice.
    The remedy sought is excessively onerous if it imposes unreasonable expenses on the seller compared to the alternative remedies that can be exercised, taking into account (I) the value that the goods would have if there were no lack of conformity; (II) the extent of the lack of conformity; (III) whether the alternative remedy can be used without significant inconvenience to the consumer.
    In the event that a product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the user can contact the Redentor Customer Service of Marcello Ircani & C. Sas, at the addresses indicated on the Site. In both cases, prompt feedback will be given to the communication of the alleged lack of conformity and the specific procedure to be followed will be indicated to the user, also taking into account the product category to which the product belongs and / or the defect reported.
    In the event that there is a Service Center Authorized by the manufacturer (“CAT”) for the Product, the Seller will collect the Product and send it to the territorially competent CAT. Alternatively, if the Product for which the user complains of the lack of conformity has been delivered to the Point of Sale, the user may bring this Product to the Point of Sale for subsequent sending to the CAT. The Point of Sale will issue the user with a receipt of taking charge of the Product. In all cases, Redentor srl is responsible for the application of the Legal Guarantee.
    The CAT will carry out the necessary checks to ascertain the existence or otherwise of the lack of conformity complained of. In the event that the defect exists, if the user has chosen, among the available remedies, the repair, the CAT will proceed with the repair. If, on the other hand, the user has chosen the replacement and it is not excessively burdensome or objectively impossible for Redentor srl with respect to repair, Redentor srl will replace the Product. If the CAT finds the existence of the lack of conformity, any costs of
    repair, replacement and transport will be the responsibility of Redentor srl. If the CAT does not find the lack of conformity, it will not be possible to apply the Legal Guarantee and, consequently, any repair and transport costs will be borne by the user. Redentor srl will inform the user of this circumstance and any costs to be incurred, and reserves the right to send the user the estimate formulated by the CAT for the repair, so that the user can
    decide whether or not to proceed with the repair at your own expense. The user must authorize the repair at his own expense and accept the costs and methods of payment of the same in writing. Following this acceptance, a direct relationship will be established between the CAT and the user to which Redentor srl will be completely extraneous and with respect to which no responsibility can be attributed to the same.
    The repair or replacement of defective Products, if due, will be carried out as soon as possible and, in any case, except in unforeseeable circumstances or force majeure, or cases of particular gravity, within 60 calendar days from the day on which Redentor srl received the defective Product or it arrived at the Point of Sale. Within this period the new or repaired Product will be delivered to the user. In the event that the user has exercised the Legal Guarantee, by delivering the Product to the Point of Sale, the user may collect the repaired or replaced product at this Point of Sale.
    To make the withdrawal, the user must show a copy of the receipt of acceptance of the Product, together with an identity document. If you cannot collect it yourself, you may delegate a third party in writing. The third delegate must show, together with his identity document and proxy, a copy of the receipt of taking charge of the Product and a copy of the identity document of the delegating person. In case the remedy
    (repair or replacement) initially chosen by the user is not carried out within the indicated period, the user may request one of the alternative remedies provided for by the Legal Guarantee (replacement, in the event that repair was requested; repair, in the event that replacement was requested, price reduction or termination of the contract).
    In the event that the type of Product does not provide for the existence of a CAT, the Product will be withdrawn by Redentor srl. The Redentor srl will verify the existence or otherwise of the defect complained of. The provisions and time limits laid down in the first and second paragraphs of this Article shall apply mutatis mutandis.
    In all cases where the user who has exercised the Legal Guarantee of
    Conformity must collect the repaired Product or the product supplied as a replacement at a Point of Sale, the user must show a copy of the receipt of taking charge of the Product together with an identity document to collect such product. If the user cannot arrange the withdrawal personally, he may delegate a third party in writing, The third delegate must show, together with his identity document and proxy, a copy of the receipt of collection
    in charge and a copy of the identity document of the delegator.
  1. Manufacturer’s standard warranty
    The products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (“Conventional Warranty”). The user can only enforce this warranty against the manufacturer. The duration, the extension, including territorial, the conditions and methods of use, the types of damage / defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the
    c.d. warranty certificate contained in the product packaging.
    The Conventional Warranty is voluntary in nature and does not add, replace, limit or exclude the Legal Guarantee.
  2. Applicable law The purchase contract concluded on the Site is governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in
    particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity. Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the user resides or has elected domicile is competent. The user who resides in a member state of the European Union other than Italy, can also access, for any
    dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) no. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.
  3. Privacy
    Pursuant to Article 13 of Legislative Decree 196/2003 “Code regarding the protection of personal data” we inform the Customer that the processing of data provided to Redentor srl during registration on this site has the primary purpose of registering the user and concluding the sales operation. The provision of data is optional but any refusal to provide them determines the impossibility of performing the online purchase service.
    The personal data provided are collected electronically and processed, also with the aid of electronic means, directly and / or through delegated third parties (companies for home delivery, mailing and data entry) for the following purposes:
    – administrative management of orders and purchases;
    – management of any participation in loyalty programs;
    – statistical purposes related to the detection of purchasing behavior;
    -sending advertising material relating to products and offers through the use of newsletters, sms, mms, whatsapp.
    They will have access to information relating to subject customers
    specifically appointed as employees or collaborators who need it for the performance of their duties or by virtue of the position they hold, with full knowledge of the privacy regulations and the processing of personal data, in the processing necessary or connected to the fulfillment of orders, the sending of communications and advertising material and gifts. Third-party service providers (appointees, external managers or independent data controllers) strictly functional to the execution of the contractual relationship may be involved, such as: home delivery carriers, companies that provide payment services, consultants of the Company, data entry companies, call centers, etc.
    In any case, Redentor srl undertakes not to
    communicate or disseminate the data collected to subjects not necessary for
    the performance of the above services and to carry out unnecessary treatments, not relevant and exceeding contractual requests.
    Pursuant to art. 7 of Legislative Decree no. 196/2003, the Customer has the right to obtain confirmation of the existence or not of personal data concerning him, even if not yet registered, and their communication in intelligible form. You have the right to obtain the indication: a) of the origin of personal data; b) the purposes and methods of processing; c) the logic applied in case of treatment carried out with the aid of electronic instruments; d) of the identification details of the owner, of the managers and of the designated representative pursuant to article 5, paragraph 2; e) the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as
    appointed representative in the territory of the State, of managers or agents.
    You have the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; (c) a statement that the operations
    referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right. You have the right to object, in whole or in part: a) for legitimate reasons, to the processing of personal data concerning you, even if pertinent to the purpose of the collection; b) to the processing of personal data concerning you for the purposes
    sending advertising material or direct selling or for carrying out market research or commercial communication. The Data Controller is Redentor srl Viale della Libertà 107 – 47039 Savignano sul Rubicone (FC) P.IVA 04304880406.
    To exercise the rights provided for in art. 7 of Legislative Decree no. 196/2003, it is necessary to write to Redentor srl Viale della Libertà 107 – 47039 Savignano sul Rubicone (FC) VAT 04304880406

 

 

 

 

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