Terms and Conditions of Sale
General Terms and Conditions of Sale
(according to Par. I, title 3, part 3, Legislative Decree 206/2005, its amending and supplementing parts)
1. Introduction and effectiveness of the General Terms and Conditions
I. These General Terms and Conditions of sale (hereinafter, “General Terms and Conditions”) apply to the purchase of products and ancillary services, made at ‘distant selling’ and available, through the website, on www.bosca.it (hereinafter the “Website”) in compliance with the Italian standards as per the Legislative Decree 206/2005 with its amending and supplementing parts (hereinafter, “Consumer Code”).
II. The products seller and owner of the Website is: Bosca S.p.A., registered office 2, Via L. Bosca, 14053 Canelli (ASTI), Tax Code/VAT number: 00107140055, Head Office and Plant 100, Via Canelli, – District Boglietto, 14056, Costigliole d’Asti (ASTI), Phone number: +39.0188.8.131.52, Fax: +39.0141.96.80.08, e-mail address: email@example.com (hereinafter “BOSCA”).
III. The consumer who uses this Website registers to purchase products or services (hereinafter the “Customer”) before sending the order, shall carefully read these General Terms and Conditions which will be accessible at any time on the Website, also through the link included in the confirmation mail of each order which are used for data collection and storage.
IV. Should the Web purchaser require an invoice to be issued and/or should this not be a “consumer or user” as defined in art. 3, par. 1, letter a) of the Consumer Code, both the right of withdrawal as per art. 8 and 9 of these General Conditions and, in general, any provision within the Consumer Code applicable only to “consumers” shall not apply.
V. These General Terms and Conditions shall apply to any deal concluded with BOSCA through the Website, in compliance with Italian standards. The language used shall be Italian.
2. Drinking age requirements
I. In compliance with the applicable law on the sale of wines and spirits (Legislative Decree number 158/2012 converted into Law 189/2012) BOSCA must reject any order made by individuals who are not of legal age, not only to consume alcoholic beverages under the applicable law, but also to purchase and collect wines and spirits. For this reason customers’ fiscal code shall be provided when placing the order.
BOSCA maintains this Website for the use of individuals who are at least of legal drinking age (18) and shall therefore be committed not to market wines and spirits to persons under such legal drinking age. By accessing www.bosca.it website, Customers purchasing the goods shall guarantee to be over 18, and the same age will be required to those collecting BOSCA’s shipped orders.
II. The Customer shall declare to be of legal drinking age to consume alcoholic beverages under the applicable law and to reside in countries allowing alcoholic beverages to be distributed, marketed and consumed.
Moreover, the Customer declares that any personal information provided, especially if concerning the legal age, is true, as well as the customer’s fiscal code.
Please remember that any false declaration of personal data, person substitution and the provision of third party’s personal data without their knowledge are considered as a criminal conduct.
3. Choosing and ordering the Products
I. The features and the price of the products sold on the Website (hereinafter “Product” or “Products”) are shown on the page relevant to each Product.
II. For purchasing the Products the Customer shall fill in and send the order form in electronic format, following the instructions as specified on the Website.
III. By submitting an order from the Website, the Customer acknowledges and declares to have read all the information provided during the on-line purchase procedure and to fully accept these General Terms and Conditions and the applicable terms of Payment.
IV. The agreement entered into between BOSCA and the Customer shall be considered as concluded once the order has been accepted by BOSCA.
V. This acceptance is communicated to the Customer via an order confirmation to the e-mail address provided by the Customer. Said confirmation shall contain date and time of reception, and the “Order number” which shall be referred to in any further communication with Bosca. It shall also contain a reference to these General Terms and Conditions Should BOSCA not accept the order, this will be timely communicated to the Customer.
VI. Once the order has been received, BOSCA will check the availability of stock for completion of the order.
VII. BOSCA is entitled to reject or not to process purchase orders when incomplete or incorrect, when products are unavailable and when they lack solvency guarantees.
In the above mentioned cases, BOSCA will send the Customer an e-mail specifying the order not acceptance and its reasons.
VIII. Should one or more products not be available, BOSCA will timely inform the Customer via e-mail. The Customer will have a 12 hours’ time to confirm or cancel the shipping of the available Products. In such case, the whole amount of the missing Products will be cancelled and, based on the selected method of payment, will not be debited to the Customer.
Should no reply be received by the above specified deadline, the order will be considered as confirmed and, when Products are available, will be shipped.
IX. Should only few products be in stock, BOSCA will process the order with the available products. In such case the whole amount of the missing Products will be cancelled and based on the selected method of payment, will not be debited to the Customer.
4. Information concerning the products
Information and features of the Products are shown on the page concerning each product on the Website.
The visual representation of the Products on the Website, where available, normally corresponds to the photographic image accompanying the description.
The image of the Products is only aimed at their marketing and cannot be perfectly representing its characteristics and qualities but it can differ in color, dimensions, vintage and alcohol content. In case of inconsistency between the image and the description, the description shall prevail.
All prices appearing on the Website are retail prices.
Published prices include taxes and duties.
BOSCA has the right to change prices in any moment, with no notice.
All prices on the Website are in Euro
Shipping costs will be charged to the Customer and clearly specified at the moment of the order.
6. Methods of payment and invoices
I. Methods of payment – The Customer can pay the price of the Products as specified on the Website and all its delivery charges using different methods of payment, as indicated by the Purchase Procedure. Any added fee relevant to a specific method of payment will be indicated during the Purchase Procedure.
II. Order invoicing – In case the Purchase is made by a professional, an invoice might be requested specifying in the field “Notes” such a request and entering both company data and VAT number in the required fields. The professional is responsible for correctly entering invoicing data and is expressly informed that, should the invoice not be requested at the time the order is placed, no later request shall be acceptable.
7. Shipping and delivery
I. Products purchased on the Website will be delivered to the address specified by the Customer during the purchase procedure either in the “Invoicing details” required field or in “Shipping to a different address?”, should goods be delivered at a different address rather than the one on the invoice.
II. All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, except national holidays and festivities.
III. Once the Products are shipped, the Customer will receive a confirmation email with a reference link for goods tracking.
IV. Except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered to the Courier within 48 hours starting from the day following the order confirmation made by BOSCA to the Customer by a confirming e-mail.
BOSCA shall not be considered liable for any unpredictable delays or not attributable to the company.
V. The Courier shall be considered liable for any damaged delivered goods as all products are checked by BOSCA before being packed in the best suitable way for shipping.
The Customer upon reception of the goods shall check the goods integrity. Should the Courier deliver visibly damaged parcels, broken or stained due to broken bottle spillage, this shall be specified on the receipt and the Customer shall reject the shipping and return all the goods to the sender. Should the shipping consist of several parcels and not all of them are damaged, the Customer shall reject only the damaged parcel and return it to the sender by signing the bill of courier specifying “Subject to”. In any case, BOSCA will ensure the damaged parcel to be returned and replaced. Any shipment cost involving the damaged parcel delivery to the sender and the new parcel delivery will be charged to BOSCA.
The Customer, in order to obtain any reimbursement or replacement, shall send to firstname.lastname@example.org an e-mail specifying the damage and enclosing the photos of the damaged product at the moment of its delivery or when it was found damaged.
8. Right of withdrawal
I. The Customer has the right to withdraw from the purchase agreement for any reason, with no requirement of providing the any expalanation, and without penalties pursuant to the procedures described hereinafter, except for item IV.
II. The right of withdrawal shall be exercised by sending a notice to BOSCA by a registered mail with return receipt requested, within 14 business days after the date of receipt of the Products clicking on “Contacts” on the Website and, should the Customer intend to withdraw before receiving the products, he/she shall state his/her intention by a notice sent in any moment before goods reception by a registered letter with receipt advice to:
Ufficio Resi e Rimborsi – Refunds and returned products Office
Via Canelli n. 100
14056 Fraz. Boglietto, Costigliole d’Asti (AT), Italy
III. BOSCA customer service, once the communication is received, will open a return policy claim and inform the Customer on the methods of returning the Products. The right of withdrawal is subject to the following conditions:
a) This right of withdrawal exclusively applies to the whole of the purchased Products; therefore if the Products consists of several parts, the right of withdrawal shall not be exercised only on just a part.
b) In case the Customer exercises his/her right of withdrawal, BOSCA will refund the customer for the whole amount of the refunded goods, including delivery costs, 14 days from the date of notice of the withdrawal, without prejudice to BOSCA to suspend the refund payment until the effective goods are delivered.
Such refund shall be made using the same payment method of the Customer, unless the latter specifically requested the refund to be made on a different payment method. In case of transfer or cash on delivery method, the Customer will provide for all bank details for refund (holder of the account, Bank name and address and IBAN).
c) For the withdrawal to be successful, the Products shall be returned using their original box, or in a packaging suitable for product integrity during shipping. Products must be complete, unused and undamaged, appropriately maintained based on the type of product. The Customer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods, Bosca shall be entitled to decide whether or not to refund goods, and to refund an amount corresponding to the residual value of the product.
d) Besides the cases indicated in art.1, excluding when the customer is a professional, the withdrawal right is also excluded, under art. 59 of Legislative Decree 21/2014 in the following cases:
– sealed Products which are not suitable to be returned for sanitary reasons or related to health’s protection, when they have been opened after the relevant delivery;
– goods which are, after delivery, according to their nature, inseparably mixed with other items;
– customized products;
– products which are liable to deteriorate or expire rapidly;
– alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place beyond the time-limit of thirty days and the actual value and whose price depends on market fluctuations outside Bosca S.p.A. control.
IV. With reference to the exclusion situations listed above of the right of withdrawal, the Customer, in particular, is informed and agrees that the Products which are liable to “deteriorate or expire rapidly” include all fresh/short dated food products (including wine, spirits and beverages) as the characteristics of such Products are subject to alterations also due to an inappropriate storage.
Therefore, for sanitary reasons or related to Customers’ health protection, the right to withdraw shall only be applied to Products purchased on the Website that could be returned to BOSCA and sold without dangerous consequences for consumers.
V. In case of exclusion of the right to withdraw, BOSCA will return the Purchased goods to the Customer, charging the shipping costs.
9. Warranty and Lack of conformity
I. The Customer may make claims for Products sold by BOSCA not meeting the specifications by immediately contacting BOSCA Customer Service using the approved model here or clicking on “Contacts” in the Website.
II. The sale of goods is covered by the legal warranties offered by articles 129, 130 and 132 of the Italian Consumer Code.
III. When the Product allows for it, the Customer has the right to demand conformity, free of charge, of the product via repair or substitution, or of a correspondent reduction in the price or to cancel the contract.
Should he/she cancel the contract, all shipping charges will fully be covered by the company.
IV. The Customer will lose these rights should he/she fail to inform BOSCA within two months of discovering the defect. Should such Product have a short expiry date, the company needs to be informed within a shorter time than the period provided by law.
10. Errors and limited liabilities
I. The information on the Website about the Products is regularly updated. It is nonetheless impossible to guarantee the absence of errors of which BOSCA may not be held responsible of, except for willful misconduct or gross negligence.
BOSCA reserves the right to correct any errors, inaccuracies or omissions also 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 these General Terms and Conditions and the Consumer Code.
II. Except for willful misconduct or gross negligence, it is excluded any right for the Customer to be compensated for damages, as well as any contractual or extra contractual responsibility for direct or indirect damages to persons and/or things, caused by non-acceptance, even partial, of an order.
III. BOSCA promotes responsible drinking and excludes any liability, except for willful misconduct or gross negligence, in case of purchases made by users under 18 years of age.
Any complaint shall be addressed to BOSCA directly from the Website using the appropriate contact form, accessible in the page “Contacts”, or calling +39 0141 967711, Monday to Friday, from 9.00 to 12.30, and from 2.00 to 6.00 p.m., except on public holidays, or by e-mail at email@example.com or by registered letter with notification of receipt to:
Via Canelli n. 100
14056 Fraz. Boglietto, Costigliole d’Asti (AT), Italy
BOSCA commits to provide replies to complaints within a 7 business days.
12. Privacy law and treatment of data
I.BOSCA protects the privacy of its own customers granting the processing of personal data as being in compliance with privacy standards as per Legislative Decree June 30 – 2003, n. 196 and following amendments.
BOSCA is committed to treat as confidential all the information provided by the Customer and to not disclose to any unauthorized party, nor use data for purposes other than those for which they were originally collected or forward them to third parties.
Bosca will disclose such information only upon request of the Judicial authority or other authorities authorized by law. The personal data will be communicated only upon a prior commitment to keep them confidential, only to the individuals who are competent to carry out the relevant activities and only within said use.
II. Personal and tax data collected by BOSCA or by a third party, shall be collected and used in paper or electronic format, based on the methods of data processing, in order to register the orders and initiate the procedures for the performance of the contract and all required disclosures, besides the fulfilment of any possible legal obligation, as well as to allow an efficient management of sales relations to provide the service requested (art. 24, par 1, letter b), Legislative Decree 196/2003 and following amendments).
III. The Customer can exercise his/her rights as per art. 7 of Legislative Decree 196/2003 and following amendments, that is the right to:
a) update, modify or, if so desired, supplement the data;
b) cancel, transfer into anonymous format or block data treated in violation of the law, including when it is not necessary to preserve in relation to the purposes for which said data was collected or subsequently treated;
c) receive confirmation that procedures under letters a) and b) have been brought to the attention, also in relation to their content, to those bodies or persons to whom said data has been communicated or transmitted, except when such communication proves impossible or involves means manifestly disproportionate with respect to the right protected.
IV. The individual has the right, wholly or in part when his/her reasons are legitimate, to oppose to the treatment of data of which he is subject, even if pertinent to the purposes of data collection; to oppose the treatment of data of which he is subject for the purposes of issuing advertising or direct sales material or for market research or commercial communications.
V. Customer’s personal data shall be provided for the correct and timely execution of this contract. Should such data not be provided, the Customer’s request shall not be treated. Provided data shall be stocked for the time needed to the reasons why they were collected and eventually processed. Their cancellation will be provided in a secure way.
VI. The party in charge of the collection and treatment of personal data is BOSCA, to whom the purchaser can direct all his/her requests. Any request sent to BOSCA mail and e-mail address, by way of example requests, suggestions, ideas, information, materials, shall not be considered confidential, shall not infringe the rights of others and must contain valid information, not harmful to the rights of others and factual; in any case BOSCA accepts no liability concerning the contents of such messages.
13. Applicable law and Jurisdiction
The sales contract between BOSCA and the Customer is deemed to be stipulated in Italy and, therefore, the above mentioned General Terms and Conditions of Sale are subject to the Italian law and in particular to the Legislative Decree n. 206 dated September 6 – 2005, concerning the Consumer Code, with specific reference to the legislation about distance contracts and by the Legislative Decree dated April 9 – 2003 n. 70 relative to e-commerce.
Should any controversy arise concerning the interpretation, execution or the resolution of these General Terms and Conditions or single purchase orders if the Customer is a Consumer as defined by the Consumer Code, the Court of the town where he/she resides if on the Italian territory shall have the jurisdiction; in any other case, the territorial jurisdiction is the Court of Asti, any other competent court being excluded.
14. Updates and amendments
The Terms and Conditions of Sale may be amended from time to time due to the new laws and regulations.
Any update and amendment will be published on the Website on a regular basis and will be effective from the date they are uploaded on the Website.
Users who may use the Website after such amendments are published, accept without reserve, the new Terms and Conditions.
According to article 1341 c.c. the Customer declares to have read and accepted the General Conditions articles listed here below: 2. (Drinking age requirements), 3. (Choosing and ordering products), 7. (Shipping and deliveries), 8. (Right of withdrawal), 10. (Errors and limited liabilities), 12. (Italian privacy law and treatment of data), 13. (Applicable law and jurisdiction).