By using the e-commerce platform and purchasing the Bossum brand products offered there, the user declares to accept the following contractual conditions:
1) INFORMATION ON THE SELLER: the products purchased on the platform are sold directly by BEREMENTE S.R.L., with registered office in Rome, Viale Carso 57, 00195, tax code and VAT. 15356981009, which carries out microbrewery activities (excise code IT00RMA00348S) pursuant to D.M. 4 June 2019 of the MEF. The seller can be contacted at the email address email@example.com.
2) CHARACTERISTICS OF THE GOOD AND THE SERVICE: the service offered by the platform relates to the sale of craft beer produced by the seller with the BOSSUM brand, as well as any merchandising always under the BOSSUM brand.
The characteristics of the product, including the description of the types of beer and the different sales formats, are illustrated directly on the e-commerce platform.
The sale has the nature of an offer to the public, pursuant to art. 1336 of the Italian Civil Code The sales contract is concluded with the payment of the product.
Using the platform, the customer selects the desired products, which are placed in a virtual shopping cart. The customer is then asked to confirm that he wants to buy what is contained in his cart and proceed with payment. Until the time of payment of the product, the customer has the right to change the contents of the virtual cart.
For everything concerning the storage and processing of the customer’s personal data, the seller has drawn up specific information pursuant to art. 13 EU Reg. 2016/679 attached to these contractual conditions.
3) PRICE OF GOODS AND SERVICE: the sale price of the different formats is indicated in the price list on the platform. Before definitive consent, the buyer is provided with the total sale price of his order, according to the quantities and formats required, including taxes, duties, shipping costs and other charges.
It should be noted that the use of the platform for sale does not in itself present additional charges.
4) METHOD OF PAYMENT: the payment of the product can be made by bank transfer or by credit card, in the latter case through dedicated payment platforms (Paypal, Stripe). Payment timing and execution depend on your credit institution or the aforementioned platforms. In case of payment by bank transfer, the sale will not be considered completed until the effective crediting of the amount by the bank.
Once the payment has been completed, the customer will receive an email containing a summary of the order placed.
5) PROCESSING METHOD AND ORDER DELIVERY: the order is processed within 24 hours, except in the case of orders that require a longer time due to quantity or other characteristics.
The delivery of the purchased goods takes place through a qualified shipping company, with which the seller has signed a specific contract. The delivery times shown on the site are indicative and are to be considered in terms of working days.
The seller is relieved of any responsibility for any delays in delivery times, which are to be charged exclusively to the forwarder.
Once the order has been taken over, the shipper is required to inform the customer about the status of the delivery, by tracking the package.
6) RIGHT OF WITHDRAWAL: pursuant to Legislative Decree 206/2005, the customer has the right to withdraw within 14 days of receipt of the order, with a consequent refund of the amount paid. Within the aforementioned term, the customer can exercise the right of withdrawal by PEC addressed to firstname.lastname@example.org or by registered letter to BEREMENTE S.R.L. C / O STUDIO BUZZAO NARDONE, Viale Carso 57, 00195, Rome.
The goods must be returned to the operational headquarters of Beremente S.r.l. (Via Monte del Gatto 199, 00188 Rome) intact, in unaltered conditions and complete with the original packaging, at the expense of the consumer no later than 15 days from the notice of withdrawal. The seller will re-credit the sums paid within a maximum of 30 days from the date of receipt of the registered letter / PEC and in any case not before having received the goods and checked the condition of the goods subject to withdrawal. The costs and risks associated with returning the products will be borne by the consumer.
Pursuant to Legislative Decree 206/2005, it should be noted that the right of withdrawal in the manner referred to in this point can only be exercised by customers who qualify as consumers, i.e. subjects who act for purposes that can be considered unrelated to their commercial activity. The right of withdrawal, therefore, CANNOT be exercised by subjects acting for purposes related to a commercial activity. Purchases made by resellers or by subjects who in any capacity purchase for resale to third parties are also excluded from the right of withdrawal. The right of withdrawal does not apply to the supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly. It is also specified that, in the case of prize operations (the so-called promotions), in which the purchase of an asset is combined with another asset that is sold at a ridiculously low price or even given as a gift, the right of withdrawal will be legitimately exercised with the return of both goods purchased, given the constraint of the accessibility of the goods in promotion with respect to the first.
7) SALE TO MINORS: The purchase can only be made by people who have reached the age of eighteen. The seller is exempt from any liability in the event of a purchase by a child under the age of eighteen, who has provided false information relating to age or false indications to purchase the goods and / or to access the data on the site. In any case, parents or legal guardians are directly responsible for the payment of what is purchased by children under the age of eighteen, without prejudice to the discipline of withdrawal referred to in these conditions of sale.
8) LEGAL GUARANTEE OF CONFORMITY: The seller is required to provide the legal guarantee of conformity referred to in Articles 128 ff. Legislative Decree 206/2005. According to current legislation, this right belongs exclusively to the consumer understood as a person who acts for purposes unrelated to any work carried out. The guarantee is therefore not recognized to those who act in the performance of a work activity, nor to those who purchase the asset for future resale, nor to companies that purchase with invoice or VAT.
According to art. 129 Legislative Decree 206/2005, the goods comply with the contract if: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the Consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted also for conclusive facts. The absence of one of these requirements leads to a lack of conformity.
8.1) EXERCISE OF THE GUARANTEE: Except as provided in the following paragraph 8.2), the consumer who intends to enforce the guarantee must notify the seller of any defects found, attaching photos / videos to demonstrate. The legal guarantee lasts two years from the delivery of the goods and must be enforced by the Customer within two months of the discovery of the defect.
In the event that the defects are adequately demonstrated, the consumer has the right to repair or replace the defective goods, without additional charges, unless the requested remedy is impossible or excessively burdensome compared to the other. If replacement or repair is not possible, the consumer is still entitled to a price reduction or to have a sum back, commensurate with the value of the goods, against the return of the defective product to the seller.
8.2) DEFECTS NOT CHARGED TO THE SELLER AND INEFFECTIVENESS OF THE WARRANTY: Pursuant to art. 130 Legislative Decree 206/2005, the aforementioned guarantee applies exclusively to defects existing at the time of delivery of the goods and therefore attributable to the fact of the seller and his auxiliaries, which originate from circumstances connected to the stages of production, conditioning, storage and delivery of the product. The seller is relieved of all responsibility and therefore the guarantee will not take effect, in the event that the occurrence of the defect depends on the fact of the consumer.
In particular, by accepting these contractual conditions, the consumer declares to be aware that the beer sold on the platform is a totally artisanal product, free of preservatives and / or similar substances, and that therefore it is a good which by its nature is extremely sensitive to certain external stresses (oxygen, temperature, etc.). On each bottle label there are notices regarding the methods and times of conservation of the product. Any defects that may arise due to non-compliance with these notices cannot be considered attributable to the seller.
9) CHANGES TO THE OFFER AND CONDITIONS OF SALE: the list of items offered for sale on the e-commerce platform, as well as the sale price of the same, is left to the commercial choices of the seller, who reserves the right to modify them in case of unexpected needs related to their business activity.
The aforementioned changes will be made known to the customer by promptly updating the sales list displayed on the e-commerce platform.
If the purchased product is not available, the customer will be promptly notified and any amount paid will be immediately refunded. In this case the sale will be deemed not completed.
In case of any changes to these conditions of sale, the same will be brought to the attention of users by means of a notice on the home page of the e-commerce platform.
10) JURISDICTION: the court of Rome is competent for any dispute.