Online ordering terms and conditions

TERMS AND CONDITIONS

Ver 2.0 of 14 September 2022

GENERAL CONDITIONS OF USE OF THE ARBREWING.IT WEB PLATFORM

Premises

the company AR BREWING sas with headquarters in via G.B. Moroni, n ° 8, 24027 Nembro (BG), VAT number 04257560161 R.E.A. BG 448768, email: info@arbrewing.it, (hereinafter also just “ARBREWING”) has developed and makes available a digital platform dedicated to services, opportunities related to sales, marketing and advertising for end customers (all hereinafter also just USER or USERS).

Through the platform it is possible to purchase products from the world of alcoholic beverages.

1. General conditions and special conditions

1.1 These General Conditions govern the use of the features available on ARBREWING.

By accessing the website www.arbrewing.it or in any case using one of the Services made available by the ARBREWING digital platform, the USER accepts these Conditions. If you do not intend to accept these Conditions, it will not be possible to use the Services offered by ARBREWING including simply browsing the website www.arbrewing.it.

1.2 These Terms of Use may be modified by ARBREWING at any time. Any changes will be effective from the moment of their publication on the Site in the “Terms and Conditions” section on the homepage of the Site. All Users are therefore invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the Conditions of Sale. The applicable Sales Conditions are those in force on the date of transmission of the Purchase Order for a Product by the USER.

1.3 If the USER is a consumer and intends to purchase products or services made available on the ARBREWING platform, in addition to the following General Conditions, the special conditions relating to the individual product or service purchased will also apply, where specifically indicated.

1.4 In using our Services, the USER consents to the processing of his information by us, in the ways defined in the Privacy Policy. Depending on the goods or services purchased, the USER’s personal data will be processed by AEBREWING, for everything concerning the correct functioning of the ARBREWIN.IT platform.

2 Registration on the Site and Purchase Order of Products

2.1 The USER who intends to use the ARBREWING platform services MUST register by accessing the website www.arbrewing.it and enter the required data. In any case, it is in any case necessary to provide ARBREWING with a valid e-mail address to which all mandatory information is forwarded to the USER, as well as the communications required by these General Conditions or in any case concerning the purchase of goods and services through the ARBREWING.IT platform.

2.2 The description of the goods and services that can be purchased (hereinafter also the “Product Sheet”), including all the characteristics, together with one or more photographic images that allow a correct representation of the goods and services (together with only the Product or Products), is present on the Site, in the Purchase Order and in the Order confirmation sent to the USER at the end of the purchase procedure.

2.3 The images and descriptions in each Product Sheet reproduce the characteristics of the Products as faithfully as possible but must be understood as indicative and subject to usage tolerances and, for example, the volume of the product which still comply with the law. The visual representation of the products has the sole purpose of presenting them for sale, without any guarantee or commitment on the part of the seller, regarding the exact correspondence of the image depicted on the site with the real product. For the purposes of the purchase contract, the descriptions of the Product Sheets contained in the Purchase Order of the Products sent by the User will prevail.

2.4 To view the selected Products and their total cost, click on the cart icon or on the product photo. The USER is requested to verify the accuracy of the contents of the cart before confirming the Purchase Order of the Products, by entering the requested data and following the instructions provided on the corresponding page of the Site, as well as confirming that he has read and accepted these General conditions.

2.5 The USER has the right to make changes or correct any errors in the compilation before submitting the Purchase Order to ARBREWING by following the instructions contained on the Site.

3. Availability of Products

3.1 The Products that the USER can purchase through the Site are the items on the Site and viewable by the same at the time the Order is placed.

3.2 The availability of the Products is monitored and updated according to the delivery times indicated on the Site. ARBREWING undertakes to deliver the products by the date indicated at the time of the order and in any case within 30 days of the conclusion of the contract. However, it could happen that a Product could be, for a short period of time, available, being instead out of stock or not immediately available, being for the same necessary to obtain restocking.

3.3 If the Product is no longer available or available with delivery exceeding 30 days, ARBREWING undertakes to promptly notify the USER by e-mail communication. In such cases, the USER has the right to cancel the purchase order and to obtain from ARBREWING the reimbursement of any amounts already paid in relation to it.

3.4 In the case of Orders concerning a plurality of Products, if the unavailability or availability with delivery exceeding 30 days concerns only some of the Products covered by the same Order, ARBREWING undertakes to promptly notify the USER by e-mail communication . In such cases, the USER has, therefore, the right to partially cancel the Purchase Order and to obtain from ARBREWING the reimbursement of any sums already paid in relation to it, limited to the Product and / or Products that have become unavailable or available. with delivery exceeding 30 days.

4. Price of the Product

4.1 All the prices of the Products published on the Site are expressed in Euro and are meant:

– inclusive of VAT for users registered as natural persons;

Where applicable, the delivery costs, which may vary in relation to the chosen delivery method and / or in relation to the payment method used, are specifically indicated (in Euro and inclusive of VAT) in the Product Sheet, in the Purchase Order and in the Order confirmation e-mail sent to the USER.

4.2 ARBREWING reserves the right to change the price of the Products at any time. It is understood that the price of the Product that will be charged to the USER will be that indicated in the Purchase Order, and that any changes (increase or decrease) subsequent to the transmission of the Order will not be taken into account.

4.3 In the event that a Product is offered on the Site at a discounted price, the Site will indicate the full reference price against which the discount is calculated and what this full reference price corresponds to.

5. Information aimed at the conclusion of the Contract

5.1 ARBREWING informs the USER that:

– to conclude the purchase contract for one or more Products on the Site, the USER must place a Purchase Order for the products; the Order can be placed by adding all the products that you intend to purchase in the appropriate electronic cart and subsequently confirming this cart.

– Purchase Orders can be made directly through the website www.arbrewing.it, only by people over the age and who are not in conditions of legal incapacity.

– the Contract is concluded when the user receives from ARBREWING, at the e-mail address indicated, the e-mail confirming the purchase order sent; together with this confirmation, the USER is sent a complete summary of the purchase made and a link through which to access these accepted General Conditions and any particular conditions specific to the individual good or service purchased;

– before proceeding with the transmission of the Purchase Order, the user can identify and correct any data entry errors by following the instructions on the Site at the various stages of the purchase;

– the registration credentials (e-mail address and password) must be used exclusively by the USER and cannot be transferred to third parties. The USER undertakes to keep them secret and to ensure that no third parties have access to them.

5.2 With the transmission of the Order, the USER accepts and undertakes to observe, in relations with ARBREWING, these Conditions of Sale and the additional information contained on the Site, including the Privacy Policy, also referred to via links and always made memorable.

5.3 In any case, ARBREWING reserves the right to evaluate the acceptance of Orders received and not to accept Purchase Orders. In these cases, ARBREWING informs the USER that the contract is not concluded and that the Seller has not followed up the Purchase Order, specifying the reasons. This communication is made within 30 days from the day following that on which the USER sent the Order to ARBREWING, which will refund any amounts already paid by the USER in relation to it.

6. Payment and billing methods

6.1 Payment by the USER can be made in euros using one of the payment methods indicated on the Site. For each available payment method, the specific terms and conditions of the chosen payment method will apply. ARBREWING reserves the right to unilaterally change the payment methods accepted without having to communicate anything to the USER.

The payment of the purchased products is made by credit card, satyspay, bank transfer, cash according to the methods specified below:

Online credit cards: Visa, Mastercard and the main cards used by sending the link with the SUM UP application.

Satyspay: sending the link or QR code through the application.

Bank transfer: the IBAN will be provided at the time of the order and the order will be prepared once the transfer has been collected

6.2 The USER may request the issuance of the receipt or invoice during the purchase order composition procedure and entering the data, including tax code and / or VAT number. In this case, the receipt or invoice will be sent to the address indicated by the USER. The USER is responsible for correct data entry and is expressly informed that, in the event of failure to request the receipt or invoice before sending the Purchase Order to ARBREWING, it will not be possible to request it later.

7. Delivery of the products

7.1 For any information regarding delivery, the USER can contact the ARBREWING Customer Service.

7.2 The deliveries of goods are made only in the territory of the European Union. The delivery obligation is understood to be fulfilled by transferring the material availability or in any case the control of the Products to the USER.

7.3 Delivery costs are borne by the USER. The amount of the delivery costs due by the USER in relation to a specific Purchase Order is expressly and separately indicated (in Euros and including VAT) on the Site during the purchase process, in the Order and in the e-mail of order confirmation.

7.4 During the purchase process, before the USER transmits the Purchase Order of the Products, the terms within which the Seller undertakes to deliver the Products covered by the Order will be indicated, taking into account, as well as the area and method delivery, also of the possibility that the USER purchases more Products with the same Order.

7.5 The delivery terms start from the conclusion of the contract (Order confirmation communicated by ARBREWING to the e-mail address indicated by the USER), unless otherwise indicated. The delivery deadline for the specific Order will be indicated in the Order Confirmation communicated by ARBREWING to the e-mail address indicated by the USER.

7.7 The USER can choose the address for the delivery of the purchased Products, unless otherwise indicated on the Site in relation to the delivery of some Products.

7.6 The Products purchased on the Site will be sent and delivered by the courier indicated to the postal address indicated by the USER, according to the costs and terms indicated on the Site during the purchase process, before the USER proceeds with the transmission of the Order. It is possible that ARBREWING delivers with its own means of transport. Any goods in storage that have not been collected will return to the sender and the goods will have to be delivered again. The costs of the new delivery will be borne by the customer.

8. Conformity of the Products delivered

8.1 It is up to the USER to check the conditions of the Products that are delivered to him. The USER assumes the risk of non-delivery or damage to the products ordered, for reasons not attributable to ARBREWING, only when the USER, or a third party designated by him and different from the carrier, materially comes into possession of such products.

8.2 The USER is recommended to check the number of Products received, the correspondence to what is indicated in the transport document and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and is invited, in his interest, to indicate any anomalies on the carrier’s transport document, accepting the package with reserve. In the event that the packaging shows obvious signs of tampering or alteration, the USER is also recommended to promptly notify the ARBREWING Customer Service. In any case, the legal guarantee of conformity and, where applicable, the rules on the right of withdrawal remain valid.

8.3 In the event that the Product is damaged, the USER must detail in writing, on the delivery note, all the damage found and send photos of the damaged product. Any complaints must be forwarded to the ARBREWING customer service.

8.4 In any case, at the time of delivery, the Products must be checked by the USER in order to ascertain that they correspond to the items ordered and that they do not have manufacturing defects or further defects of conformity. In addition to the specific guarantees that may be provided to the USER together with the delivered Product, the legal guarantees provided for by Italian law are also applicable to the sale of Products purchased on the arbrewing.it site.

8.5 In cases where the USER submits a complaint to ARBREWING Customer Service for non-delivery, non-compliance or damage to the Product, ARBREWING will replace the Product free of charge where available or reimburse the USER, at the express request of the USER. to be sent in the ways and terms indicated below.

8.6 In the event of non-compliance of the delivered Product with respect to the Order placed, the USER can make the return in the manner described in the following paragraph and is entitled to replacement or refund if replacement is not possible. In cases where the replacement of the purchased Product has not been carried out within a reasonable time from the USER’s request, or is impossible or excessively burdensome, or has caused significant damage to the USER, the USER may request a reasonable price reduction. It is understood that the USER loses this right if he does not report the lack of conformity to ARBREWING within seven (7) days from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiration in a shorter term, in which case the defect must be reported within this reduced term.

8.7 The User’s request aimed at obtaining the replacement of the Products must be communicated to ARBREWING by contacting Customer Service or with a declaration sent by registered letter with return receipt. to be sent to the following address ARBrewing sas, arbrewing@legalmail.it; in any case, this declaration must be sent in advance by e-mail to info@arbrewing.it.

8.8 Although ARBREWING is very attentive to the characteristics of the Products requested by the USER in the Purchase Order, ARBREWING cannot guarantee that the characteristics of the Products delivered to the USER are exactly those indicated on the Site, as being handcrafted products they are subject to physiological changes in volume and appearance. Therefore it is possible that there is a slight deviation in the characteristics or in the volume of the individual Products delivered to the USER compared to what is indicated by the Seller on the Site and in the Purchase Order. The products offered on the site comply with the national and community legislation in force in Italy. The images and colors of the products published on the site may differ from the real ones due to the local settings of the systems and / or the tools used for their display.

9. Withdrawal, returns and refunds

9.1 If the USER is a consumer pursuant to Legislative Decree 206/2005 may exercise the right of withdrawal in the manner described below, without prejudice to the impossibility of exercising the withdrawal for the following categories of Products:

– goods made to measure or clearly personalized;

– assets that risk deteriorating or expiring rapidly;

– sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;

– goods which, after delivery, are, by their nature, inseparably mixed with other goods;

– alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, whose delivery can only take place after thirty days and whose actual value depends on fluctuations in the market that cannot be controlled by ARBREWING.

9.2 Therefore, for reasons of hygiene and the protection of USERS, the right of withdrawal is only applicable for Products purchased on the Site that can be returned to ARBREWING and put back on the market without endangering the health of Consumers.

9.3 The right of withdrawal must be exercised by the USER within 14 (fourteen) days from the date of delivery of the products to the USER.

9.4 In order to exercise the right of withdrawal, the USER must send an email to info@arbrewing.it to operate the operation ..

9.5 For the withdrawal or return to be accepted by ARBREWING, the Products must be returned to the SELLER within the peremptory term of 14 days from the date on which the USER has communicated that he wishes to withdraw from the purchase or make the return by sending the email of withdrawal and in compliance with all the following conditions:

– the Products must be returned complete with all the original packaging (boxes, accessories, tags, protections, etc.);

– the Products returned by the USER must not have been opened, used, damaged, but may have been manipulated and inspected to establish their nature and characteristics;

– Any damaged Products object of the return must be returned as received by the USER, without the same subjecting them to modifications, manipulations or repair attempts.

9.6 ARBREWING is not responsible in case of non-return or theft of Products returned to it not attributable, as well as in case of return to an incorrect address, or of delays in the delivery of Products returned to it not attributable, it being understood that the USER assumes any risk of such shipment. The USER is also responsible for proof of the return of the Products.

9.7 In the event of withdrawal, the USER will be reimbursed for all payments made in favor of ARBREWING, according to the payment method chosen for the purchase, in relation to the Product for which the return or withdrawal was exercised, excluding costs for the return of the Products which remain the responsibility of the USER. ARBREWING reimburses such payments when it receives the Product subject to withdrawal. The refund is made by bank transfer.

10. Customer care

10.1 The USER can request information, send communications or submit complaints by contacting the ARBREWING Customer Service by sending an email to info@arbrewing.it.

11 Dispute Resolution, Jurisdiction and Applicable Law

11.1 Il Foro applicabile ai contratti di vendita conclusi attraverso il sito web arbrewing.it è quello di Bergamo. For the resolution of disputes it is possible to resort to the mediation procedures provided for by Legislative Decree 4 March 2010, n. 28.

11.2 Orders placed on the basis of these Conditions of sale are governed by Italian law, in particular by the Civil Code, by Legislative Decree 6 September 2005, n. 206 and from D.Lgs. 9 April 2003, n. 70.

11.3 In the event of a conflict between the versions of the Terms of Sale prepared in a language other than Italian and accepted by the USER, the meaning and interpretation of the Terms of Sale in Italian prevail.