Date of publication on the Site and effective January 4, 2021
By placing any order, the User of the Site fully accepts these General Conditions of Sale; therefore we invite Users to carefully read these General Conditions of Sale before proceeding with any purchase.
1.1. These general conditions of sale (hereinafter “ General conditions of Sale “) Govern the sale of products (hereinafter” Product (s) “) And, where applicable, of services (hereinafter the” Service “) Through the e-commerce site www.Bottegaligure.it (hereinafter the” Site“), The related mobile applications and telephone orders placed by Users qualifying as” Consumers “pursuant to the following art. 1.2, when Bottega Ligure Srl operates as a seller. The Site is owned and managed by Bottega Ligure Srl, CF, VAT number and n. registration in the Genoa Company Register: 11259260963, with registered office in Genoa, Piazza della Vittoria nos. 14-19 and operational headquarters in Cogoleto (GE), Via Molinetto n. 168 (hereinafter the “Seller ” or “ Ligurian workshop “).
1.2. Purchases of Products and / or Services carried out through the Site or other methods mentioned above will see the Seller and the person who proceeds with the purchase of one or more Products for purposes not related to their entrepreneurial, commercial, craft or professional, as a buyer (hereinafter the “Consumer “And, together with the Seller, hereinafter collectively also referred to as the” Set off “).
The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Individuals who are not Consumers are advised not to execute purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these General Conditions of Sale will apply but, in derogation from the provisions of the same:
a) the buyer will not be granted the right of withdrawal pursuant to art. 7;
b) the buyer will not be able to benefit from the warranty on the Products indicated in art. 8;
c) the purchaser will not be granted any other protections, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.3. Bottega Ligure offers a wide range of Products and Services and sometimes the Consumer may be subject to additional terms and conditions. In case of use of any Service offered by Bottega Ligure, the Consumer will also be subject to the terms, guidelines and general conditions applicable to that particular service (hereinafter the “ Terms of Service “). In the event of a conflict between these General Conditions of Sale and the Terms of Service, the latter will prevail.
1.4. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer. The Consumer who accesses the Site to make purchases is required, before sending the order, to carefully read the General Conditions of Sale that are available on the Site.
1.5. The Consumer, in order to make purchases through the Site, must have the age of majority (18 years) and the legal capacity to act, which the Consumer declares to possess. The object of Bottega Ligure offers is the purchase of goods at the prices indicated on the Site. Bottega Ligure reserves the right not to process orders from subjects other than the “consumer” in accordance with its commercial policy. In any case, Bottega Ligure does not sell alcohol to individuals who have not reached the age of 18. By sending the orders, the consumer guarantees that the ordering subject and, if different, the recipient of the goods are both over 18 years of age.
- Characteristics of the Products
2.1. The Products are sold with the characteristics described on the Site, in particular in the relative description sheet, and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term, without prejudice to the application of the Terms of Service where expressly indicated.
2.2. The images of the Products represented on the Site, where available, normally correspond to the photographic image accompanying the description. The Consumer acknowledges and accepts 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 quality but may differ for example in color and / or size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
2.3. The Site is accessible from all over the world; however, the Products available on the Site can be purchased by users who request their delivery with the exception of particular destinations which will be reported from time to time together with the causes of impossibility of delivery.
- Product prices
3.1. The prices of the Products are those indicated on the Site at the same time as the Consumer sends the order. The prices of the Products published on the Site cancel and replace the previous ones and are subject to the actual availability of the Products. Bottega Ligure reserves the right to confirm or modify the prices of the Products published on the Site or in information brochures and advertising material; therefore, at the time of order confirmation, the Consumer is invited to check the final price. Prices are expressed in euros and include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include (i) the shipping costs which are calculated prior to the confirmation of the order sent by the Seller to the Consumer and which the Consumer must pay to the Seller in addition to the price indicated on the Site as well as (ii) the commission that will be charged to the Consumer in case of selection of the payment method on delivery or by bank transfer (see paragraph Payments, section 5.1).
The minimum order that can be made on the Site will be reported from time to time on the site as well as the shipping cost which may vary according to the value of the order.
3.2. Despite every effort of Bottega Ligure, the latter cannot exclude that for a small part of the thousands of products in the catalog a different price than the actual one is indicated by mistake. In any case, Bottega Ligure will check the correctness of the prices of the Products during the process of verifying the order and subsequent shipment of the Products. If, due to misunderstandings or other inconveniences, the price indicated on the Site should be lower than the correct sale price of a Product, Bottega Ligure will contact the Consumer to verify whether he also wishes to purchase the Product at the correct price. Otherwise the order will not be accepted. If the correct price of a Product is lower than that indicated on the Site, the Consumer will only be charged the correct lower price and Bottega Ligure will in any case ship the Product (s) as provided for in the following art. 6.
3.3. The Consumer must pay Bottega Ligure the total price, as reported on the purchase confirmation page and in the order confirmation sent by e-mail from Bottega Ligure to the Consumer.
- Purchase procedure
4.1. The presentation of Products and Services on the Site or through the Bottegaligure.it applications for mobile devices constitutes an invitation to purchase.
4.2. If the Consumer wishes to buy one or more Products, he can select them one at a time, adding them to the virtual cart. Once the Consumer has selected all the items he intends to purchase, he can close the cart and submit the order. At this point, a summary page of the selected products, their price and delivery options (with related costs) will appear. The Consumer can choose, among those proposed, the preferred solution for delivery, transport and payment method. Once the operations are completed, the Consumer will find the “Proceed with the order” button, which must be clicked to forward his order to Bottega Ligure (hereinafter also the “ Order “). On the same page, the Consumer must approve in advance and expressly the Terms and Conditions of the Site, by means of the appropriate check mark (check-box) on the Cart when closing the order. The Consumer Order will therefore be considered as a contractual purchase proposal addressed to Bottega Ligure for the listed products, each considered individually. The Order is governed by these General Conditions of Sale, which are an integral part of the Order itself and which the Consumer, by transmitting the Purchase Order to the Seller, is required to accept in full and without any reservation.
4.3. Upon receipt of the Consumer Order, Bottega Ligure will automatically send a message to take charge of the order itself (hereinafter also the “ Receipt of Order “). Receipt of Order does not constitute acceptance of the Consumer’s purchase proposal. By sending the Order Receipt, in fact, Bottega Ligure only confirms that it has received the order and that it has submitted it to the data verification process and the availability of the products requested by the Consumer. The Consumer is invited to save or print the e-mail and to keep it. If the Consumer does not receive the Order Receipt within 24 hours, the Consumer is invited to contact our customer service by email by writing to firstname.lastname@example.org.
4.4. The sales contract with Bottega Ligure will be concluded only when the latter sends a separate e-mail with which the Consumer’s purchase proposal will be accepted. This communication will also contain information relating to the shipment of the Product / s, and will also contain the link to the text of the General Conditions of Sale (hereinafter also the “ Confirm order “).
In the event that the Order is processed through multiple shipments, the Consumer may receive separate Order Confirmations. The Consumer may cancel the Order before having received the Order Confirmation, provided that the Order has not been prepared for the shipping process. In this case you will not be charged any costs. However, the right of withdrawal is subject to the terms and conditions set out in art. 7.
4.5. Orders are subject to the availability of the Products and acceptance by Bottega Ligure. Bottega Ligure reserves the right, at any time and at its sole discretion, to refuse an order, including, for example, cases in which:
to. the ordered Products are no longer available on the Site;
b. the Seller becomes aware of an error on the Site relating to the price and / or description of the Products;
c. the order cannot be executed due to an error in the information provided by the Consumer (by way of example but not limited to, information on payment, billing or delivery address);
d. the Seller has reason to believe that the order was placed by a minor.
4.6. All orders placed on the Site must correspond to normal consumption needs. This requirement applies both in relation to the number of Products purchased with a single order, and in the case of a plurality of orders relating to the same product even if each order includes a quantity of products corresponding to normal consumption needs. Bottega Ligure reserves the right to make partial deliveries and / or to limit the quantities of Products ordered by the Consumer to a number of products that can reasonably be considered for normal consumption needs. In this case, the Consumer will only be charged for the price of the Products delivered.
4.7. In all cases in which Bottega Ligure is unable to fulfill an order or is only partially able (for example due to the incorrect compilation of data), or intends to limit the quantities of Products subject to order, the Seller will contact the Consumer. by e-mail or by telephone, to the contact details provided when registering on the Site, as soon as possible and in any case within 30 (thirty) days of placing the order on the Site. Any payments already made by the Consumer will be promptly reimbursed by the Seller, with the same methods used by the Consumer for the payment of the Products.
5.1. Payment can be made by credit card or via PayPal or Satispay or bank transfer, under the conditions described below, as also specified on the Site at the time of payment. In case of selection of the payment method by bank transfer, the Consumer will be charged an additional cost of Euro Five (5.00) to his order and in case of selection of the payment method with Payment on Delivery, the Consumer will be charged an additional cost of Euro Nine (9.00) to his order. The Seller may allow additional payment methods, indicating them in the “Payment Methods” section.
5.2. In case of payment via Paypal or Satispay, the Consumer will be redirected to the appropriate page, where he can enter his registration data and make the payment. The order placed by the Consumer will not be processed by the Seller before the latter has collected the relative amount.
5.3. In case of payment made by bank transfer, the Consumer will receive all the instructions to do so when selecting this payment method on the Site. The order will not be shipped until the funds are transferred to Bottega Ligure’s current account. At the expiry of the 5 working day from the date of the Order, if the Consumer has not made the payment due, the Order previously executed on the Site by the Consumer will be canceled.
5.4. All communications relating to payments are made using third-party encryption systems to protect the transactions carried out (eg PayPal payment system) and for which Bottega Ligure has neither visibility nor responsibility.
5.5. Any reimbursement of the Consumer will be credited using the same payment method chosen by the Consumer at the time of placing the Order.
5.6. Bottega Ligure reserves the right to limit or exclude the use of any discount vouchers and / or coupons for the purchase of promotional or discounted Products.
5.7. The Consumer agrees to receive invoices in electronic format. For more information on electronic invoices and on how to obtain the document, the Consumer is invited to contact Bottega Ligure at the e-mail address email@example.com.
- Shipping and delivery of the Products
6.1. Information on the availability of the Products is listed on the Site, as well as on the presentation page of each Product. In addition to the information provided on this page or elsewhere on the Site, Bottega Ligure is unable to give more precise information regarding the availability of the Products. The Consumer must consider that the estimated shipping and delivery times of the Products are purely indicative and are not binding for the Seller, therefore it is not possible to rely on them.
Bottega Ligure undertakes to do everything in its power in order to respect the delivery times indicated on the Site and chosen by the Consumer. Bottega Ligure cannot therefore be held responsible for any loss or damage suffered by the Consumer due to delays in the delivery of the Products, unless such delay is attributable to willful misconduct or gross negligence. Bottega Ligure will not be responsible for any delays in the delivery of the Products that are not foreseeable or not attributable to Bottega Ligure itself.
6.2. Before starting the selection procedure of the Products aimed at their purchase, the Consumer must verify that
the zip code of thethe place where he intends to receive the shipment of the Products is not included in the list of the Municipalities of those excluded from the Seller’s deliveries on the “Shipping” page.
6.3. The shipment of the Products ordered by the Consumer will take place in the mode selected by the Consumer, among those available and indicated on the Site at the time the Order is sent. In particular, the Consumer can choose “Delivery with shipment” and in this case the shipments are made by express courier, the shipping costs made by national and international express couriers are those indicated in the order confirmation phase, the minimum possible times indicated by individual couriers. The Consumer can choose “collection at the headquarters” in via Molinetto n. 168, Cogoleto (GE), in this case no shipping costs will be counted and the Products will be delivered to the Consumer (or person previously delegated) on the date and time previously agreed. If within 10 (ten) working days from the date scheduled for collection, the Consumer fails to agree on a new date for collection and / or does not provide for the withdrawal itself, Bottega Ligure cannot be held responsible for the perishing, theft, damage. of the Products that after this term the Consumer will no longer be able to claim.
6.4. The Consumer undertakes to promptly check, and in any case as soon as possible, that the delivery includes all and only the Products purchased and to promptly inform Bottega Ligure of any defect in the Products received or of their discrepancies with the Order placed, according to the procedure referred to in the following art. 7; failing that, the Products will be considered accepted. Should the packaging or wrapping of the products ordered by the Consumer reach their destination clearly damaged, the Consumer is obliged to (i) to accept the delivery “with reserve” by noting the “reserve” on the delivery note or, alternatively, (ii) refuse delivery by the carrier / forwarder.
6.5. It is expressly understood that, if the Consumer has selected – if available – the bank transfer as payment method, the delivery term specified above will start exclusively from the effective collection by Bottega Ligure of the amount relating to the aforementioned purchase order. .
6.6. If the products ordered by Bottega Ligure were to be delivered outside of Italy, the Consumer could be subject to import duties and taxes, payable once the shipment reaches the specified destination. Any additional cost of customs clearance will be borne by the Consumer who must check these costs and / or expenses over which Bottega Ligure has no control and cannot predict the relative amount before placing the Order. Customs policies vary considerably from country to country and the Consumer must therefore contact the local customs office in advance for further information. Furthermore, the Consumer, in the cases provided for in this paragraph, must keep in mind that, when placing orders on the Site, he is considered as an importer and therefore is required to comply with all the legislation and regulations of the country where he will receive the products. The Consumer must also consider that cross-border deliveries are subject to opening and inspection of the products by the customs authorities. For further information, we invite the Consumer to read the Information of the customs authorities.
- Right of withdrawal and exceptions
7.1. Without prejudice to the exceptions indicated in paragraph 7.6., The Consumer has the right to withdraw from the Order placed, without having to provide any reasons, within 14 (fourteen) days from:
a) in the case of an Order relating to a single Product, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the Product; or
b) in the case of the purchase of several Products ordered by the Consumer through a single Order and delivered separately, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last Product; or
c) in the case of an Order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last lot or piece.
7.2. In order to exercise the right of withdrawal, the relevant communication must be sent before the expiry of the 14-day period. In order to facilitate the timely management of the Consumer’s request, the latter is invited to report their decision to Bottega Ligure by sending the Seller any explicit declaration to withdraw from the sales contract at the address firstname.lastname@example.org indicating in any case the order number, the Product / s for which he / she intends to exercise the right of withdrawal and his / her e-mail address.
For more information on the right of withdrawal and operating instructions, the Consumer can write to:
WhatsApp: +39 010 2367650.
7.3. The Consumer who has exercised the right of withdrawal pursuant to this Article 7, must return the Product (s) purchased to Bottega Ligure, using a carrier of his choice and at his own exclusive expense, without undue delay and in any case within the term of 14 (fourteen) calendar days from the date on which it communicated its decision to withdraw to the Seller. The Product subject to withdrawal, suitably protected and packaged, must be sent to the following address: Bottega Ligure Srl, in Cogoleto (GE), Via Molinetto n. 168. The direct costs of returning the Products subject to withdrawal to the Seller are the sole responsibility of the Consumer.
7.4. In case of exercise of the right of withdrawal, the Seller reimburses all payments received from the Consumer, including the costs of delivering the Products, without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be charged to the Consumer. The Seller is entitled to suspend the reimbursement of the aforementioned amounts until receipt of the Products subject to withdrawal or until the Consumer demonstrates that he has returned the Products, whichever is earlier.
7.5. The Consumer is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratches, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product) , not accompanied by the attached instructions / notes / manuals, the original packaging and packaging and the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product . To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves its integrity and protect it during transport even from writings or labels.
7.6. The right of withdrawal does not apply in case of:
– supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery or in the case of supply of products which are, after delivery, inseparably mixed with other goods;
– supply of goods made to measure or clearly personalized;
– supply of goods which risk deteriorating or expiring rapidly.
With reference to the cases of exclusion of the withdrawal listed above, the Consumer, in particular, is informed and accepts that the Products that “risk deteriorating or expire rapidly” include those products of a food nature whose characteristics and quality are subject to alteration, even as a result of inappropriate storage by the Consumer.
- Warranties on products sold and limitations of liability
8.1. The legal guarantees of conformity provided for in Articles 128, 129 and 130 of the Consumer Code apply to the sale of Products to Consumers. The Consumer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate reduction in the price or termination of the contract.
8.2 . In case of lack of conformity of the Products sold, under penalty of forfeiture of this guarantee, the Consumer has the burden of reporting any defects and non-conformities within and no later than 2 (two) months from discovery – provided that they are not Products which by their nature are perishable or subject to expiration in a shorter term, in which case the defect must be reported within this reduced term – by sending an e-mail to email@example.com, a communication with the indication of the defect and / or non-conformity found, as well as at least n. 1 (one) photograph of the Product, the Shipping Confirmation sent by Bottega Ligure and / or the tax receipt.
8.3. Following receipt of the communication referred to in the preceding paragraph and the related documentation, Bottega Ligure will evaluate the defects and non-conformities reported by the Consumer and will decide whether to authorize the return of the Products by providing the Consumer with a reply, containing the “Return Code” , by e-mail to the address provided by the latter during the registration process on the Site or when transmitting the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the “Return Code”, within 14 (fourteen) days from the notification of the defect or non-conformity, to the following address: Bottega Ligure Srl, in Cogoleto (GE), Via Molinetto n. 168.
8.4. If the Seller is required to reimburse the Consumer for the price paid and the relative shipping costs, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product.
8.5. With regard to any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and the Italian Legislative Decree no. 206/2005 (Consumer Code).
8.6. Within the limits permitted by law, Bottega Ligure declines all responsibility in the event that the product delivered does not comply with the legislation of the country of delivery other than Italy.
8.7. Bottega Ligure will not be liable in case of delay in the delivery of the purchased goods due to insufficient stocks at the supplier and / or manufacturer.
8.8. Furthermore, Bottega Ligure will not be liable in the event of insubstantial differences between the purchased goods and their illustrative images and text descriptions published on the Site.
8.9. Except in the case of willful misconduct or gross negligence, Bottega Ligure is solely responsible for direct and foreseeable damages at the time of the conclusion of the sales contract. Bottega Ligure will therefore not be liable for any losses suffered, loss of earnings or any other damage that is not an immediate and direct consequence of its non-fulfillment or that was not foreseeable at the time of conclusion of the sales contract. Bottega Ligure is in no way responsible for the fulfillment of the obligations borne by third parties who may offer commercial guarantees in relation to the products for sale on the Site.
The seller is solely responsible for the sale of the products and must deal directly with any complaints or problems inherent or related to the contract between the buyer and the seller, including taking on the obligations of the Legal Guarantee.
- Intellectual Property Rights
9.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Bottega Ligure Srl and / or its successors in title, without the Consumer having any rights over them from accessing the Site and / or purchasing the Products.
9.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Bottega Ligure Srl
- Consumer data and privacy protection
10.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
- Changes to the general conditions of sale
11.1. Bottega Ligure reserves the right to modify the Site, the policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The Consumer will be subject to the policies and terms of the General Conditions of Sale from time to time in force at the time of placing the order, unless any changes to these policies and terms are required by applicable law or by the competent authorities (in which case, they will also apply to orders that the Consumer has previously placed). If any provision of these conditions is deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.
- Major force
12.1. The Seller will not be liable in the event of total or partial non-fulfillment of its obligations under this contract if such non-fulfillment is caused by unforeseeable events and / or natural events beyond its reasonable control, including, by way of example but not limited to , pandemics, catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike of public and / or private workers, strikes and / or restrictions on the viability of couriers and air connections.
- Applicable law, conciliation attempt and competent court
13.1. The contract for the purchase and sale of the Products through the Site will be governed and interpreted in accordance with Italian law.
13.2. The Consumer will have the right to promote an attempt at amicable conciliation by accessing the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations deriving from sales or online service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, which can be selected from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr.
13.3. If you do not adhere to the conciliation attempt referred to in point 13.2 above, or if this attempt should have a negative outcome, the following will be competent for the dispute deriving from this contract or relating to it: a) the court of the place of residence or domicile of the consumer, if “consumer” pursuant to current legislation; b) exclusively the Court of Milan, Italy, in any other case.
13.4. For all that is not expressly provided for here, the provisions of the law in force in the Italian legal system and in particular, for consumers, the provisions of Section II, Chapter I, Title III of the Italian Legislative Decree n. 206/2005 and subsequent amendments