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TERMS AND CONDITION

General and Contractual Conditions of Sale of Birra Mastino srl Società Agricola for the website shop.birramastino.com
 
The shop.birramastino.com website is owned and managed by Birra Mastino srl Società Agricola., with headquarters in Via Caduti sul Lavoro, 11 – 37012 Bussolengo (VR), VAT number 04154770236, e-mail commerciale@birramastino.it.
 
From the moment the consumer accesses the shop.birramastino.com website, he agrees to comply with the terms and conditions indicated below, including all documents reported. Users are invited to carefully examine this document before using the services.
 
Art. 1 – Object of this contract
This contract concerns the sale of bottled and canned beer, as well as accessories in the quantity and quality chosen by the consumer by selecting the products on the shop.birramastino.com website. The goods and services on sale are those described on the pages of shop.birramastino.com. The data indicated therein may be subject to periodic changes and updates, also for the purpose of further improving the service for the consumer.
 
Art. 2 – Product prices and availability
The prices of the products referred to in the art. 1 are indicated on the site and are inclusive of VAT. The shipping cost where applicable must be added to the price of the product, the amount of which, always indicated on the site, varies based on the delivery method requested, in addition to any customs duties. In the event that the product is not available, the consumer will be promptly informed. by email. The prices and availability of the products marketed by Birra Mastino srl Società Agricola through the shop.birramastino.com website are subject to change without notice.
 
Art. 3 – Purchase contracts stipulated by minors
The purchase can only be made by people who are at least eighteen years of age. Birra Mastino srl Società Agricola is exempt from any liability in the case of purchase by a minor 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 are directly responsible for the payment of what is purchased by their children under the age of eighteen, without prejudice to the withdrawal regulations referred to in art. 6 of these conditions of sale.
 
Art. 4 – Orders/Invoicing
Orders are accepted in writing, e-mail, internet, telephone. The conclusion of the contract is subject to receipt of the order by Birra Mastino srl Società Agricola. The invoice will be issued following delivery of the goods, within the time required by law. Unless the consumer requests otherwise, the invoice will be sent by email.
 
Art. 5 – Delivery of the goods
The delivery of the goods takes place within the terms indicated on the site, to the address indicated by the consumer and via the courier appointed by Birra Mastino srl Società Agricola. In order to avoid fraud, the courier reserves the right to check an identity document, which demonstrates the coincidence of the data between the order information and the credit card holder. Please note that, in order to more efficiently deliver the goods, Birra Mastino srl Società Agricola will communicate to the courier the telephone number provided by the consumer during registration on the shop.birramastino.com website or at the time of the order, telephone number, which will be used in compliance with the privacy legislation referred to in Legislative Decree no. 196/2003. The courier, before making the delivery, will contact the recipient of the goods by telephone at the aforementioned telephone number in order to agree on the day and approximately the expected time for the delivery itself. In the event that the recipient does not respond, he or she will be contacted by telephone on the following working day and, if the recipient is also unavailable on this occasion, a final call attempt will be made on the following working day. Therefore, the courier will make a maximum of three calls, one per day, for three consecutive working days. If, following three call attempts, the courier is unable to contact the recipient of the goods, the latter will be asked to pay the sum of Euro 15.00, VAT included, to release the stock of the goods. Likewise, the recipient of the goods will be required to pay the sum of Euro 15.00, VAT included, in the case of storage of the goods due to the absence of the recipient himself or of the person in charge of collection, despite the prior agreement with the courier for delivery. The sum of Euro 15.00 above will be requested to be paid to the customer even if he does not release the stock within 15 days from the start of the stock itself. The courier will make only one delivery attempt. NO DELIVERIES ARE MADE TO THE FLOOR. The consumer, upon receipt/collection of the goods, is required to verify their integrity and compliance with the order placed in the presence of the person in charge of delivery. If the shipping packaging is damaged, the consumer must ACCEPT the package and note this damage on the consignment note/transport document. If the package is intact, the consumer must accept it and can also sign the delivery receipt with the words “ACCEPTED WITH RESERVE OF CONTROL”. In the event that one or more products are damaged or do not correspond to the order placed, the consumer, only if he has previously noted the damage on the waybill/transport document or has accepted subject to control, within 3 (three ) working days from delivery, you will have to inform Birra Mastino srl Società Agricola by email at the address commerciale@birramastino.it, also providing documentation, including photographic documentation, relating to the damage or incorrect supply, proof of which is the responsibility of the consumer.Birra Mastino srl Società Agricola reserves the right to request the return of damaged/incorrect goods at the expense of the consumer, which must be shipped within 15 days of the request from Birra Mastino srl Società Agricola, under penalty of losing the right to replacement or refund .Birra Mastino srl Società Agricola, having verified the existence of damage or incorrect supply, at its own expense, within and no later than 30 days from the date of delivery or notification, will also replace the damaged/erroneous products or, if this is not possible, to refund the consumer their amount. In the event that the customer contacts Customer Service after the third working day, Birra Mastino srl Società Agricola will have the right to decide to open a case for the possible replacement of the damaged/incorrect goods.
 
Art. 6 – Right of withdrawal
The consumer can exercise the right of withdrawal no later than 14 working days from the date of receipt of the goods. This right must be exercised by sending a registered letter with acknowledgment of receipt to the headquarters of Birra Mastino srl Società Agricola, located in Viale Caditi del Lavoro, 6, 37036 San Marino Buon Albergo (VR). The communication can be anticipated, within the same deadline, also via email to the address commerciale@birramastino.it, provided that it is confirmed by registered letter with acknowledgment of receipt within the following forty-eight (48) hours. The goods must be returned to Birra Mastino srl Società Agricola intact, in unaltered conditions and complete with the original packaging, at the consumer’s expense no later than 15 days from the notice of withdrawal. Birra Mastino srl Società Agricola will refund the sums paid within a maximum of 30 days from the date of receipt of the registered letter 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. It should be noted that community legislation provides that the right of withdrawal can be exercised only by natural persons (consumers) acting for purposes that can be considered unrelated to their commercial activity. The right of withdrawal, therefore, CANNOT be exercised by legal entities and natural persons acting for purposes related to a commercial activity. Purchases made by resellers or by individuals 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 likely 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 a good is combined with another good that is sold at a negligible price or even given as a gift, the right of withdrawal will be legitimately exercised with the return of both goods which were the subject of the purchase, given the constraint of the accessory nature of the promoted good compared to the first.
 
Art. 7 – Limitation of Liability
Birra Mastino srl Società Agricola does not assume responsibility for any damage resulting from use or incorrect use of the service provided by the shop.birramastino.com website. Birra Mastino srl Società Agricola does not assume responsibility for errors and omissions within the shop .birramastino.com or any website to which reference or link may be made.Birra Mastino srl Società Agricola reserves the right to continuously update the shop.birramastino.com website which can be carried out at any time. The information may contain inaccuracies of any kind or typing errors. Birra Mastino srl Società Agricola does not guarantee that the services provided by shop.birramastino.com will be provided without interruptions, this will be stated in advance except for reasons beyond the control of Birra Mastino srl Agricultural Society. Birra Mastino srl Società Agricola declines any responsibility towards the purchaser or third parties for direct or indirect damages (including, but not limited to, loss of profits, revenues, commercial opportunities) arising from or in relation to a product or service provided by Birra Mastino srl Società Agricola, or from the use or inability to use the same. Birra Mastino srl Società Agricola assumes no responsibility for disservices attributable to fortuitous circumstances or force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that may prevent, in whole or in part, the execution of the contract within the agreed times. Birra Mastino srl Società Agricola will not be responsible for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, with the consumer possibly only having the right to a refund of the price paid. Without prejudice to cases of willful misconduct or gross negligence, the right to compensation against Birra Mastino srl Società Agricola cannot be higher than the price of the products purchased by the consumer and for which the dispute has arisen.
 
Art. 8 – Responsibility of the user/consumer
The user is required to ensure that the data entered is truthful, complete, updated and to promptly communicate any changes to the same. In the event that false declarations are made, Birra Mastino srl Società Agricola reserves the right to exclude such subjects from its user lists, after a formal and unaccepted invitation to self-correct.
 
Art. 9 – Copyright and Trade Mark
We declare that all the contents of the shop.birramastino.com website, such as texts, files, tables, information present within the pages of the website, graphic elements, HTML, logos, buttons, icons, images, graphics, audio-video pieces , the compilation (meaning the collection, arrangement and assembly), all software, source codes, application projects, formulas, algorithms, databases etc., used on the site are to be considered exclusive property of Birra Mastino srl Società Agricola or its content and product suppliers. If a violation of material subject to copyright is found, the user is required to communicate it to the Staff of Birra Mastino srl Società Agricola (via e-mail to commerciale@birramastino.it), who will immediately investigate and, once the situation has been ascertained, will remove this content. You may not modify, duplicate, distribute, transmit, reproduce, publish, license, create derivative works, transfer or sell information, software, products or services obtained from this website even on a non-profit basis. Any authorization to use the contents of the shop.birramastino.com website must be requested in writing and is considered accepted only with the specific consent of Birra Mastino srl Società Agricola, always in writing. Silence does not give rise to any authorization.