Note: this document is a translation from the Italian “Condizioni Generali” and is provided only as a support. In case of dispute the Italian version has legal value.
(following Chapter I, title 3, part 3, of Italian legislative decree (d.lgs) 206/2005 and subsequent modifications and integrations)
1. Introduction and effectiveness of the General Conditions
The present General Conditions of sale (hereinafter, "General Conditions") cover the buying of products and services, carried out at a distance and made available, via the internet, on the webwebsite shop.italiaamicamia.com (hereinafter, the "website") in accordance with the Italian law, in particular the legislative decree (d.lgs) 206/2005 and subsequent amendments and additions (hereinafter, "consumer code").
The seller of the goods and the owner of the website is: Vinitaltur Srl with registered office in Via Spalto San Marco, 35, Brescia 25121 (Italy), C.F. e P.I. 03542270982 (hereinafter referred to as "Italia Amica Mia").
The consumer who is accessing the website to make purchases (hereinafter "Customer") is required, before sending the order, to read carefully these general terms and conditions which are put at his disposal on the website and which are also available at any time to the customer via the link contained in the confirmation email of each order, also allowing the reproduction and the storing of the same conditions.
In case the person making purchases on the website requires the issuance of an invoice and/or is not a “consumer or user " as defined in art. 3, comma 1, lett. a) of the consumer code, then the items that are applicable only to “consumers” will not apply.
The purchase contracts concluded with Vinitaltur through the website are governed by these terms and conditions in respect of the Italian legislation and the legally binding text is the one written in Italian.
2. Choosing and Ordering products
The features and price of various products for sale on the website (hereinafter referred to as "Product" or "Products") are shown on the dedicated page for each product.
By submitting an order from the website, which has a value of a contract proposal, the customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept the present General Conditions and payment conditions.
The contract between Vinitaltur and the customer shall be considered concluded with the acceptance of the order by Vinitaltur. This acceptance is communicated to the customer via an e-mail order confirmation containing a reference to the present General Conditions, the order number, the shipping and billing data, the list of products ordered with their essential characteristics and the total price, including any delivery charges. The client will check the confirmation email and when individuals make mistakes in the order will have 12 hours since receiving such email to contact customer service by calling +39 (0) 30 313374 (Mon-Fri 9.00-17.00, except holidays) or via email to firstname.lastname@example.org. After this time the order will be processed for shipment and changes will no longer be accepted.
Once received the order, Vinitaltur will check the availability of the stocks for the execution of the order. In the event that one or more of the products are not available, the customer service of Vinitaltur will send timely notice via email to the customer on delivery times. The customer within the next 12 hours has the right to confirm or not the order for the unavailable products in a subsequent delivery. If he/she does not reply within this time limit, the order will be considered confirmed for all products that will be shipped according to the schedule and costs indicated. If the client demanded the cancellation of the order for products temporarily unavailable, the amount relating to the missing products will be refunded or otherwise, depending on the chosen payment method, you will not be charged to the customer
3. Product Information
The information and features of the products are available, with their product codes, on the website.
The Visual representation of the products on the website, if available, is normally the photographic image provided in the descriptive card. It is understood that the image of the products has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and qualities but may differ by color and size. In case of difference between the image and the written description, it is always the written description of the product which is valid.
4. Prices and Shipping
Product prices are inclusive of all taxes and fees. All prices are expressed in Euro.
Shipping costs vary depending on the country of destination and will be communicated to the customer during checkout but prior to the purchase confirmation. When the customer selects a destination country other than Italy shipping charges will be automatically updated.
5. Payment and Invoicing
The customer can pay the price of the products and their delivery through PayPal, bank transfer and cash on delivery.
Once the customer has confirmed the order, the customer will be redirected to PayPal's website where he/she can make the payment with his/her account or by using a card, including prepaid ones, or also in any other manner accepted by Paypal and in compliance with PayPal’s relevant conditions.
5.2 Bank Transfer
The customer must make the transfer within 3 days from the date of the order. If this is not the case your order will be cancelled and the goods made available again for purchase by other Customers. The customer who has not made the transfer on time transfer may be contacted by customer service in order to clarify whether the late payment is attributable to the customer which will not confirm the purchase or to other causes.
Data for the Bank Transfer: c/c: Vinitaltur S.R.L.
IBAN: 031000311878 IT19Z 08692 55110
Banca di Credito Cooperativo di Brescia
Filiale di Rodengo Saiano (bs)
Reason: the customer must indicate the the date and order number, which can be found in the confirmation email (eg. "Order No. 100012345 1/1/14").
After the bank transfer is made the customer must send by Fax or by mail to Italia Amica Mia a copy of the bank transfer or the CRO (Bank operation code) at the following number: Fax +39 (0) 30 314078 - email: email@example.com; in the absence of the aforementioned bank transfer data Italia Amica Mia awaits the ordinary times of bank payments. Therefore the expected delivery date will be shifted by a number of days equal to the time that it takes to receive the confirmation of the payment.
5.3 Cash on Delivery
The customer will pay upon receipt of the goods either in cash (only for orders not exceeding € 900.00 in Italy and not exceeding € 4,000 abroad) or cheque (the maximum is € 40,000 per recipient per day). For shipments paid on delivery the customer is required to pay an additional fee equal to 0.3% of the value of goods purchased (0.5% If abroad) or a minimum of € 5 (€ 8 if abroad), in addition to transport costs (the larger of the two amounts).
5.4 Order Invoicing
If the purchase is made by a professional customer (i.e. subject to VAT) he/she can request the issuing of an invoice by selecting the appropriate box during the ordering procedure and entering the billing information including tax code and/or VAT number. In this case, the invoice will be sent by email to the address indicated. The professional customer is responsible for proper data entry and billing is expressly informed that if no invoice was requested during the ordering process, it will not be possible to request it at later date.
6. Transport and Delivery
Products purchased on the website will be delivered to the address indicated by the customer during the purchase procedure in the field "Shipping Information".
All purchases will be delivered by courier (hereinafter "Carrier") from Monday to Friday, except public holidays and national holidays. Vinitaltur is not responsible for unforeseeable delays or delays not attributable to Vinitaltur..
Once the products are shipped, the customer will receive a confirmation email that includes a link that allows the tracking of the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered products will be delivered in Italy within a period of 7 (seven) working days and 10 (ten) abroad, with effect from the day following the day on which Vinitaltur has confirmed the order to the customer via the corresponding order confirmation email. The aforementioned period of 10 working days applies for deliveries abroad in the countries listed in point n. 6.3.
6.1 Delivery Services Active in Italy and Abroad
The service includes 3 delivery attempts by UPS courier at the address indicated at the time of the order. After each delivery attempt the courier will leave a card with their contact details to arrange delivery at a specific time or to another address.
6.2 Maximum Weight of Shipment
The maximum weight per package is 70 Kg; There are no weight limits for the overall shipment.
6.3 Shipment Countries
In addition to Italy, delivery service is active in the following EU countries: Austria, Belgium, Denmark, France, Germany, Greece, Luxembourg, Netherlands, Poland, Portugal, Principality of Monaco, Czech Republic, Slovakia, Slovenia, Spain and Hungary.
7. Right of Withdrawal
The customer is entitled to withdraw from the contract of purchase for any reason, without explanation and without penalty, except in cases of exclusion referred to in paragraph IV. To exercise this right, the customer must send a notice to Vinitaltur within 14 days from the date of receipt of the products. If the customer intends to exercise the return rights before having received the products, the communication of withdrawal can be sent at any time prior to their receipt.
Such notification must be sent by registered letter with delivery receipt, addressed to:
Italia Amica Mia Returns and Refunds Office
Via Padana Superiore, 90
25045 Castegnato (BS)
Vinitaltur's customer service will, upon receipt of the communication, open a practice to manage the return and to communicate to the customer instructions on how to return the products, which will be picked by a courier indicated by Vinitaltur itself.
The right of withdrawal shall be governed by the following conditions:
I. The right applies to product purchased in its entirety; Therefore, if the product is composed of multiple components or parts you cannot exercise the withdrawal only on part of the purchased product.
II. In the event of exercise of the right of withdrawal Vinitaltur will refund the customer the full amount of goods, including shipping and handling where required, within 14 days from the date on which it received the notice of withdrawal, without prejudice to the right of Vinitaltur to suspend the payment of the reimbursement until the actual receipt of the goods. The reimbursement will be carried out using the same payment method used by the customer, unless they have specifically requested a different mode. In case of bank transfer or cash on delivery, it will be the responsibility of the customer to provide the bank account on which obtain reimbursement (account holder, the name and address of the Bank, IBAN code).
III. In order to guarantee the gratuitousness of the refund and in accordance to the following section 8, the products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the introduction (customer not consumer and/or requiring an invoice), the right of withdrawal is excluded in the following cases, in accordance to art. 59 of legislative decree (d. lgs.) 21/2014:
- orders of products that have been specially packaged according to the customer’s specifications or clearly personalized.
- order of products which are liable to deteriorate or expire rapidly;
- orders of sealed products that do not lend themselves to being returned for hygienic reasons (or connected to the protection of health) or that were opened after the delivery.
With reference to the exclusion of withdrawal rights cases listed above, the customer is aware and agrees that the products that "are likely to deteriorate or expire rapidly" include all food products (including wines, spirits and beverages) and cosmetics, because the features and qualities of these types of products are subject to change even as a result of improper storage.
In the case of exclusion of the right of withdrawal, Vinitaltur will return to the customer the products purchased and wrongly returned charging to the customer the shipping cost.
8. Warranty and Defects of Conformity
In case of defects of conformity of products sold by Vinitaltur, the customer shall immediately contact customer service by calling +39 (0) 30 313374 (Mon-Fri 9.00-17.00, except holidays) or via email to firstname.lastname@example.org ..
Vinitaltur ensures that Products will be delivered equal to those shown and described on this website.
In case of broken items or missing products or in the presence of articles that do not conform to the order, the customer is entitled to request the delivery of the products that are missing, broken or lacking in conformity — or the crediting on the subsequent expenditures of an amount equal to the value of the product(s) in dispute.
Written notices of these anomalies will be communicated, in terms of law, using the addresses specified in these General Conditions.
The costs for the replacement of the products are to be borne by the Vinitaltur, which also ensures compliance with all rules regarding the storage of the products until the delivery at the place indicated in the order.
It is excluded any responsibility of Vinitaltur about the bad condition of the goods due to an inadequate conservation after the time of delivery.
For the purposes of exercising the right of contestation of the products, the customer must check the integrity of the package upon delivery.
9. Errors and Limitations of Liability
Information relating to the products provided through the website is constantly updated. However, it is not possible to guarantee the complete absence of errors so Vinitaltur cannot be held responsible, except in cases of intent or gross negligence.
Vinitaltur reserves the right to correct any errors, inaccuracies or omissions including after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the customer under the terms and conditions and under the consumer code.
Except in cases of intent or gross negligence, the customer is excluded from any right to compensation of damages or from any other compensation. Additionally it is excluded any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the lack of acceptance or even partial fulfillment of an order.
Vinitaltur promotes responsible alcohol consumption and excludes any own liability, except in case of intent or gross negligence, in the case of purchases made by people younger than 16 years.
Any complaint must be forwarded to customer service via email to email@example.com or by registered letter with return receipt to the following address:
c.a. Complaints Italy Amica Mia
Via Padana Superiore, 90
25045 Castegnato (BS)
11. Applicable Law and Jurisdiction
The sales contract between the customer and Vinitaltur is to be considered as concluded in Italy and governed by Italian law. For the resolution of disputes concerning the interpretation, execution or termination of these terms and conditions or individual purchase orders: if the customer is a consumer within the meaning of the consumer code and he is domiciled in Italy, the disputes will be handled in the court closest to his/her domicile or residence; in all other cases, the territorial jurisdiction is exclusively held by the Court of Brescia, any other jurisdiction being excluded.
In accordance with article 1341 and 1342 of the civil code the customer declares to have read and agree to the following articles of these general terms and conditions: 6 (liability for delays in delivery), 10 (faculty to correct errors - disclaimers).