1 GENERAL PROVISIONS
1.1 The following terms and conditions of sale (the "Terms and Conditions of Sale ") apply to any sale and purchase of products through our site: https://shop.martini.com/ (the "Website").
1.2 The seller of the products and the owner of the Website is: MARTINI & ROSSI S.p.A., with registered office at PIAZZA LUIGI ROSSI 2 , 10023 PESSIONE (TO), VAT, no. 00488160011 , number of registration with the Companies' Register of Torino, no. 00488160011 , REA no. 1086 .
1.3 References to "we", "us" and "our" refer to MARTINI & ROSSI S.p.A.
1.4 References to "you" and "your" refer to any user placing an order via the Website, being a consumer under article 3, lett. a) of Italian Legislative Decree of 6 September 2005, no. 206, as amended from time to time (the "Consumer Code"), meaning an individual acting for purposes which are outside the relevant trade, business or profession (the "Consumer").
1.5 Before placing an order through the Website, you are required to read these Terms and Conditions of Sale By ordering any of our products, you implicitly agree to be bound by these Terms and Conditions of Sale. These Terms and Conditions of Sale will be accessible at any time on the Website and also through the link included in our order confirmation email.
1.6 We reserve the right to change these Terms and Conditions of Sale at any time without notice, it being provided that the amended Terms and Conditions of Sale shall apply to any order submitted as from the date on which they are published on the Website. In any case, should any change be required by mandatory applicable law, regulation, judicial order or governmental, banking, taxation or other regulatory authority or entitled public entity or similar body or agreed in writing by you and us, the amended Terms and Conditions of Sale shall apply immediately (also if the order has been already submitted).
1.7 These Terms and Conditions of Sale are available both in [and English].
1.8 We adhere to the Code of Conduct available in [and English languages].
1.9 Should you have any queries about these Terms and Conditions of Sale, please contact our customer service team at email@example.com.
2 ALCOHOL BASED PRODUCTS
2.1 We promote responsible alcohol consumption. By placing an order through the Website, you declare and warrant that you, and the recipient of the product if other than you, have reached the age of majority and are not under 18 (eighteen) years of age.
2.2 Except in case of wilful misconduct or gross negligence, we shall not be liable in the event of purchase made by a person under 18 (eighteen) years of age who has declared to have reached the age of majority and we do not assume the burden of assessing the truthfulness of your declaration in this respect.
2.3 Without prejudice to the above, if our couriers are in any doubt about the age of the recipient of the delivery, they may request some form of ID.
2.4 We reserve the right to decline the order and/or not to deliver alcohol based products if we are unsure whether you meet the age requirements set forth under mandatory applicable law.
3 PRODUCT INFORMATION
3.1 The product information and features are available, with the related product code and unit price, on the page relevant to each product on the Website.
3.2 The graphic representation of the products on the Website, if available, normally corresponds to the photographic image shown together with the product description. It is understood that the image of the products has the sole purpose of presenting them and may be not perfectly representative of their characteristics and qualities but may differ in colour and size, also due to the Internet browser or monitor used, as well as to changes in the product packaging. In case of a difference between the image and the product description, the description shall prevail.
(i) once an order is submitted, you will send an order confirmation email to the customer having the value of acceptance of the contract; and
(ii) once you have assessed the availability of the product, you will send a second email having the sole purpose of confirming the dispatch of the order.
4.1 If you intend to purchase our products, after registering and creating a personal account on the Website, you shall fill in and send the order form in the electronic format available on the Website, following the instructions provided thereon.
In the final phase, before submitting the order form, you will be asked to identify and correct possible input errors.
Once the order form has been submitted, you will be automatically directed to the payment page where the payment procedure will be completed. Please note that we will process and deliver your order only after receipt of the relevant payment.
4.2 The order has the value of a contractual offer in relation to each single product ordered. The sale and purchase agreement entered into between you and us in relation to each product shall be considered as concluded once the relevant order has been accepted by us. The acceptance is communicated to you via an order confirmation email to the email address indicated by you, and shall contain a link to these Terms and Conditions of Sale and any further conditions applicable to the purchase (more specifically, the order number, return policy, including the terms and conditions to exercise the right of withdrawal, the shipping and billing data, the list of selected products with their essential features, the estimated delivery date, the terms of payment and the total price, including any unit prices, shipping charges and tax applicable, which will be indicated in detail).
4.3 We reserve the right to decline and not to process an order, if any of the following events occurs:
- the order is submitted by a person other than a Consumer;
- the order does not receive express verification or approval from the credit/debit cardholder’s bank;
- an obvious error or other incorrectness has occurred with regard to a product(s) offered by us on the Website;
- the information you have provided for the purpose of issuing an invoice is not correct or is impossible to verify;
- we have reason to believe that your order or payment is fraudulent;
- there is suspicion of credit card or debit card fraud;
- you are under 18 (eighteen) years of age;
- no full payment is made;
the any ordered product is not available or in stock;
Should any of the above circumstances occur, we will promptly inform you and, in any case, we will not be liable for damages or costs as a result of the refusal of your order.
4.4 You shall check the [order confirmation email] and, if you find any mistake therein, you shall have 12 (twelve) hours from the receipt of such email to contact our customer service team at firstname.lastname@example.org in order to correct the order. After this deadline, the order shall be processed for shipment and further changes will no longer be accepted, without prejudice to your right of withdrawal under section 8 below, if applicable.
4.5 The [order confirmation email] will be filed in our database for the time required to process your order and as provided by law. You may access your order confirmation email by checking your email inbox.
4.6 You shall print out and keep the [order confirmation email] and the Terms and Conditions of Sale or otherwise save or reproduce a copy thereof for your own personal use.
4.7 The actual availability of the products shown on the Website is approximate as different users may submit more orders in relation to the same product simultaneously, so extinguishing the relevant availability. Once the order form has been submitted, we shall check the availability of the stocks for the dispatch of the ordered product. In the event that the ordered product is not available, we reserve the right to cancel the order and our customer service shall promptly inform you via email. If you have placed an order for more products and one or more products is/are not available, our customer service team will promptly inform you by email and, within the next [24 (twenty-four)] you will have the right to reply in order to confirm the dispatch of the products available or cancel it. If you will not reply within this deadline, the order shall be deemed confirmed and the available products will be dispatched. In this case the full amount paid by you in relation to any missing products shall be promptly refunded. To the maximum extent permitted under mandatory provisions of law, we will not be liable for the stock shortage and/or unavailability.
4.8 Once your order is dispatched, we will send you a dispatch confirmation email.
5.1 All prices are quoted in EURO and are inclusive of IT VAT and excise duty on alcohol based products, where applicable, but exclude shipping charges, which will be explicitly highlighted during the ordering procedure (as well as in the [order confirmation email] and automatically added (at the cost shown) to the total amount due.
5.2 The price shown on the Website at the time of the submission of the order shall apply.
5.3 Changes in relation to prices and shipping charges may occur at any time, but they will not affect orders in respect of which we have already sent you an [order confirmation email].
6.1 Upon submission of the order, the total price for the purchased products (including any shipping charges and tax applicable as shown during the ordering procedure and reported in detail in the order confirmation email) will be debited to you and you consent to payment being charged to your credit/debit card.
6.2 Payments are processed by STRIPE or PayPal Services depending on the payment method you have chosen during the checkout process. We accept PayPal payment, Visa and MasterCard credit cards, Visa Delta and Maestro debit cards and American Express/Diners Card. All credit/debit cardholders are subject to validation checks using 3DSecure and may be subject to checks through your banking provider. If your card issuer delays and/or does not authorize the payment, we will not be liable for any refusal of the order, as well as delay or non-delivery.
6.3 All payment data (by way of example, card number or expiration date) will be sent by encrypted protocol to banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by us except for performing the procedure relevant to your purchase or issuing refunds where applicable in case of returns, or for reporting cases of fraud to the police.
6.4 [We will issue a payment receipt in relation to the purchased products and send it to the email address indicated by you during the ordering procedure. The payment receipt will be issued on the basis of the information provided by you during the ordering procedure. It will not be possible to modify any data after the payment receipt has been issued.] [Please see note at the end of section 6.5 below]
6.5 If you are:
(a) Consumer not acting in the course of a business (B2C), you may request us to issue an invoice by contacting us and providing the billing data including your tax code.
In any case, the invoice will be issued in electronic format on the basis of the information provided by you and a copy will be sent by email to the indicated address. You are responsible for the proper entry of the billing data and if no request for an invoice is made during the ordering, it may not be requested at a later stage. It will not be possible to modify any data after an invoice has been issued.
7.1 We can only deliver our products to Italy. Please contact our customer service team at email@example.com for any further specific request.
7.2 We deliver our products via professional couriers from Monday to Friday, except public holidays and national holidays. We will use our reasonable endeavors to process your order as soon as possible. The [order confirmation email] will indicate - and we will use our reasonable endeavors to meet - the estimated delivery date. You are able to track your delivery status by using the link provided on your [dispatch confirmation email]. Delivery times and dates are approximate only and not an essential term to the sale and purchase agreement between you and us. In any case, the ordered products shall be delivered within and no later than 30 (thirty) days from the date on which the order has been confirmed through the [order confirmation email]. It remains understood that we will not be liable for any delays in case of force majeure (including, by way of example and without limitation, accidents, explosions, fires, strikes and lock-outs, earthquakes and/or floods) or other unforeseeable circumstances not attributable to us and beyond our control.
7.3 Products purchased on the Website shall be delivered to the address indicated by you during the ordering procedure [in the field "Shipping Information"]. We will not be liable for any failure or delay in delivery if the indicated delivery address is incorrect or incomplete.
7.4 [The service features two delivery attempts which will be made at the address indicated by you. After each attempt an attempted delivery note will be left at the recipient’s end. Should the second attempt be unsuccessful, the courier will try to telephone the recipient by ringing the phone number entered upon the order placement for the purpose of arranging the delivery. Should the recipient be unavailable, merchandise will be sent back to the warehouse. In this case we will refund the price of the products, except for shipping charges.
7.5 Upon delivery of the products, you shall verify the integrity of the same and that the relevant packaging is intact, undamaged, or altered (even with regard to sealing materials). You shall also verify that the products delivered correspond to what is indicated in the delivery note.
7.6 Should the products bear marks other than ours (logo, brand name), or show signs of irregularities, damage and tampering and/or should a discrepancy between the number of the products delivered occur, you shall sign for the package as "unchecked" on the delivery note and provide a brief description of the irregularity.
In addition to the above, without prejudice to your right of withdrawal under section 8 below, if applicable, pursuant to article 1698 of the Italian Civil Code, any complaints for damages due to transportation shall be notified to our customer service team at firstname.lastname@example.org within and no later than 8 (eight) days from the date of delivery of the products.
Please always contact our customer service team at email@example.com before sending a product back to us in order to discuss the best method of posting it.
7.7 Once the product has been delivered to you, any risk of f loss, damage or reduction in value of such product for reasons not attributable to us will be transferred to you and we will not be liable for any costs and expenses arising therefrom.
8 RIGHT OF WITHDRAWAL
8.1 If you are a Consumer, you may exercise your right of withdrawal from the sale and purchase agreement entered into with us, without incurring any penalty and with no need to provide any reason, within and no later than 14 (fourteen) days from the date of receipt of the relevant product. In any case such right of withdrawal is excluded if any circumstance under section 8.8 below occurs.
8.2 The right of withdrawal may be exercised by email to our customer service team at firstname.lastname@example.org. You are entitled to notify us of your intention to exercise the above right of withdrawal by way of express statement served by way of email on our customer service team at email@example.com or by way of registered letter with return receipt to be sent at the address referred to in section 10 below.
8.3 Should you notify us of your intention to exercise your right of withdrawal by way of email (both using the above form or by way of the express statement), we shall send you without delay a confirmation of receipt of your notice of withdrawal on a durable medium.
8.4 The products in relation to which the right of withdrawal is exercised shall be returned to the address referred to in section 10 below using a tracked shipping service to allow proof of receipt. Returns shall be made within 14 (fourteen) days from the date on which you have notified us of your intention to exercise your right of withdrawal.
8.5 Each product shall be returned intact and in its entirety, and appropriately sealed and packed in the original packaging. Returned products shall not have been partially used or consumed, nor washed or damaged in any way and the original tags shall not have been removed.
8.6 Subject to the foregoing, you will be entitled to a refund of the full amount of the returned products (including shipping charges but excluding the costs to return the product which will be charged to you) within 14 (fourteen) days from the date of receipt of the notice of withdrawal, without prejudice to our right to suspend the payment of the refund until the actual receipt of the returned products or of the evidence, to be provided by you, of the actual dispatch of the products.
8.7 The refund shall be made using the same payment method used by you to pay the products, unless you have specifically requested a different method. For money transfer or cash on delivery payments, you shall provide the banking information where you want the refund to be made (accounts holder, Bank name and address and IBAN).
8.8 The right of withdrawal under this section 8 shall apply to Consumers only and is excluded in the following cases:
- [orders of tailored or clearly personalized products;
- orders of products which are likely to deteriorate or expire rapidly; and/or
- orders of sealed products which are not suitable to be returned for hygienic reasons or connected to the protection of health or that were opened after the delivery.]
With reference to the above cases where the right of withdrawal is excluded, you are aware and agree that among the category of products that "are likely to deteriorate or expire rapidly" includes all spirits and beverages, as the features and qualities of these types of products are subject to change even as a result of improper storage. Therefore, also for reasons of hygiene and for the protection of customers, the right of withdrawal will not apply to all spirits and beverages sold on the Website.
9.1 All products sold on the Website to Consumers are covered by legal warranties for the lack of conformity provided in articles 128 and ff. of the Consumer Code.
9.2 The products shall be presumed to be in conformity with the sale and purchase agreement if all the following circumstances occur:
(a) they fit for the purposes for which products of the same type are normally used;
(b) they comply with the relevant description given by us; and
(c) they have all qualities normally owned by products of the same type and which can be reasonably expected, also taking into account the nature of the products and, if applicable, any public statements on the specific features of the products made by us, in particular in advertisements or labels.
9.3 The legal warranty for the lack of conformity of any product will expire on the date falling 2 (two) years after delivery of the same.
9.4 You shall notify our customer service team of the existence of any lack of conformity sending an email at firstname.lastname@example.org
within 2 (two) months after the date on which the defect is discovered, under penalty of forfeiture. Should the product be perishable or subject to expire in a shorter term, the defect shall be reported within this shorter term.
9.5 In case of lack of conformity, you are entitled to request us to provide the following alternatives:
- reinstate the conformity of the products by means of replacement;
- an appropriate reduction in price or termination of the sale and purchase agreement, if the replacement is impossible or disproportionate.
9.6 The above legal warranties do not cover deterioration due to normal wear and tear of the products, as well as any defect or damage due to inadequate or improper use of the products or which are attributable to external circumstances beyond our control.
9.7 If you are not a Consumer and you are acting in the course of a business (B2B), the legal warranties for the lack of conformity referred to above in this section 9 shall not apply and the products sold on the Website will be covered by the legal warranties provided for in articles 1490 and ff. of the Italian Civil Code. In this case, any defect shall be notified by email to our customer service team at email@example.com
within 8 (eight) days after the date of its discovery. The legal warranties under this section 9.7 will expire on the date falling 12 (twelve) months after delivery of the relevant product.
9.8 Any notification under this section 9 should include a detailed description of the nature and extent of the fault and/or defect in question, the product identification label and a copy of the packing slip or invoice.
Any communications or complaints shall be addressed to us at the following way:
- Contact us using the “Support” function on our website.
- Alternatively, you can contact us on the address and telephone numbers below.
Martini & Rossi
with registered office at Martini & Rossi SpA
VAT no. P-IVA 00488160011 – R.E.A. TORINO NUMERO 1086
Tel. . +39 011-94191
Fax +39 011-9419324
In the event of any breach of the provisions set forth under Italian law aimed at protecting Consumers' rights – even for misleading advertising or incorrect commercial practices – the referring authority is the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato), to whom you can file a report online on www.agcm.it.
13 ONLINE DISPUTE RESOLUTION FOR CONSUMERS (ODR)
In accordance with Regulation (EU) no. 524/2013 of the European Parliament and of the Council of 21 May 2013, please find the link to the European online dispute resolution platform: https://ec.europa.eu/consumers/odr/
14 GOVERNING LAW AND JURISDICTION
14.1 The sale and purchase agreement between you and us is intendedly made in Italy and governed by Italian law and, where so envisaged, by the applicable provisions of the Consumer Code and Italian Legislative Decree no. 70/2003 concerning electronic commerce.
14.2 If you are a Consumer, the court of your place of residence or domicile shall have exclusive jurisdiction (to the extent it is located within the Italian territory) for the settlement of disputes concerning the interpretation, execution or termination of the sale and purchase agreement between you and us; in all other cases, any disputes shall be settled by the Court of [Turin].