Terms and Condition of Sale
JFWYATT Consulting S.r.l. headquartered in Milan, Via Egadi 7, VAT no. 07193500969 in the person of its legal representative WYATT JOHN FREDERICK, tel 0331 947297, fax 0331 1557363, e-mail: info@jfwyatt.com, pec: wyatt@legalmail.it, hereinafter referred to as “Seller”
Given:
That, the Seller manages the website www.wyattbrewing.it (hereinafter “Site”);
That, the site is intended for commercial transactions between WyattBrewing and consumers (B2C);
That, from the supply and demand balance for the products indicated in point c) of Article 1 it is possible to conclude product availability for online sales contracts;
That, the expression “General Conditions of Sale”, means the sales contract relating to the Seller’s goods stipulated between them and the Buyer as part of a remote sales system organized by the Seller;
That, for this contract, the technology of remote communication through the Internet will be used;
That, the purchase on the site by buyers is governed by these General Conditions of Sale;
That, the Purchaser has the status of consumer, meaning the natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity of the natural person;
That, this contract – and the conditions envisaged – exclusively concern the B2C sale to a Buyer / Consumer, as specified in the previous line above;
That, all contracts will be concluded directly through the Buyer’s access to the website corresponding to the address www.wyattbrewing.it where, following the procedures indicated to access the reserved area of the site itself, dedicated to online negotiation;
That, the brand (WYATT BREWING CO) and the logo relating to the site are the exclusive property of the Seller;
That, commonly used terms in the field of information technologies have been used in the drafting of these General Conditions and that, in the event of any divergences regarding their interpretation or their meaning, the contents of the main publications of the specialized literature on the subject will be taken into account;
That, these premises constitute an integral and substantial part of the contract.
The following is agreed:
Article 1. Definitions
1.1 In these General Conditions of Sale the following terms have the meaning specified below:
a) “online sales contract” means the distance contract stipulated between a Seller and a final consumer Buyer, through a sales system organized by the Seller, which uses remote communication technology called the internet;
b) the expression “Seller” refers to JFWYATT Consulting Srl, based in Milan, Via Egadi 7, part of this contract, which manages the Site, selling WYATT BREWING CO products directly to users (Buyers) see point “d” below;
c) the expression “Products” refers exclusively to movable property and / or services present in the electronic catalogues of the Site;
d) the expression “Buyer” refers to the final consumer-customer who is authorized to operate on the Site in order to purchase the products, in the manner indicated in these general conditions.
e) “Consumer” means the natural person who purchases goods and services for purposes that are not related, either directly or medically, to any professional activity carried out.
f) the expression “Parties” refers to the Seller and the Purchaser jointly;
g) the expression “Site” refers to the website corresponding to the address www.wyattbrewing.it through which it is possible to make online purchases;
h) the term “Consideration” refers to the sale price of each product;
Article 2. Object of the Contract
2.1 These general conditions, which are made available to the Purchaser for reproduction and storage pursuant to Article 12, Legislative Decree 9 April 2003, n. 70, have as their object the purchase of products, carried out remotely and by means of a telematic network, through the website belonging to the Seller.
2.2 With this contract, respectively, the Seller sells and the Buyer remotely purchases the movable property and / or services indicated below.
2.3 The contracts relate to the purchase and sale of bottled or canned beers as well as accessories (stickers, coasters, etc.), as described in the virtual shopping cart, following the online purchase procedures indicated on the site and subject to availability.
2.4 The products referred to in the previous point are illustrated on the web pages in the SHOP section of the Seller’s Site.
2.5 The Seller undertakes to supply all the products indicated below upon payment of a fee pursuant to Article 4 of this contract.
Article 3. Acceptance and the Conditions of Sale
3.1 These general conditions are valid from the day of conclusion of this contract and may be updated, integrated or modified at any time by the Seller, who will communicate them through the pages of the Website and such updates / modifications and / or additions will have effectiveness for future purchases.
3.2 All purchase orders will be forwarded by the buyer to the Seller, after registering on the site and entering the ID and PW with access to a reserved area via secure protocol (https), and, therefore, through the completion of the indicated purchase procedure. .
We also accept orders in writing, sent by e-mail to beer@wyattbrewing.it. The conclusion of the contract is subject to the receipt of the order by the Seller. The invoice will be issued after the delivery of the goods, within the time limits established by law. Unless otherwise requested by the consumer, the invoice will be sent by email.
IMPORTANT: The purchase of alcohol is prohibited for minors; the purchase can therefore, only be made by people who are eighteen years old. In any event, the Buyer declares that whoever will receive the alcoholic product will be of greater age.
JFWYATT Consulting S.r.l. assumes no responsibility 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 are directly responsible for the payment of what is purchased by children under the age of eighteen, without prejudice to the discipline of withdrawal pursuant to Article 6 of these conditions of sale.
3.3 These general conditions of sale must be examined “online” by the Buyer, before completing the purchase procedure. The forwarding of the purchase order confirmation, therefore, implies full knowledge of the same and their full acceptance.
3.4 The Purchaser, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with the Seller, the general and payment conditions illustrated below, declaring to be of age and having read and accepting all the information provided by him pursuant to the aforementioned regulations, also acknowledging that the Seller does not consider itself bound by different conditions unless previously agreed in writing.
3.5 The sales operations are regulated for the consumer by the provisions of Legislative Decree 6 September 2005 n. 206, while the protection of confidentiality is subject to the discipline of Legislative Decree 30 June 2003, n. 196, and subsequent amendments and additions.
3.6 The acceptance of the conditions of sale must be expressed through the exact compilation of all sections of the electronic form, following the instructions on the screen and, finally, selecting and, therefore, accepting the boxes with the words “I have read and accept the terms and conditions of the website “(where” terms and conditions “contain, after a simple click, the reference to this contractual document) and” I declare that I am of age and that the alcoholic product will in any case be received by adults “.
Article 4. Methods of Purchase and Sale Prices
4.1 The products, prices, and conditions of sale on the Site – within the limits of their availability – are expressed in euros and do not constitute an offer to the public for the consumer; therefore, they must always be considered indicative and subject to express confirmation by e-mail from the Seller, which constitutes acceptance of the purchase order.
4.2 The sale prices, referred to in the previous point, include VAT and all other taxes, as well as the total cost of the shipment up to the address indicated by the Purchaser at the time of the order, provided that the place of destination is located in the Italian territory. In any case, the total cost of the shipment to the Buyer’s home is borne by the same, except for exceptions and exceptions that will be specifically advertised on the site. The cost is, in any case, disclosed to the customer before confirming the purchase.
4.3 The price of the product indicated on the site has definitive value, except in the case in which – for exceptional situations – the Seller considers it appropriate to submit the price to revision. Exceptional conditions are considered, by way of example and not strictly speaking, the sudden and non-agreed change in the price of the product by the supplier, the sudden change in customs rates or currency changes and in any case in shipping costs in general. In exceptional cases of price revision, the Parties expressly undertake to carry out the renegotiation of the same through an exchange of e-mails in accordance with fairness and good faith, taking into consideration in the documentation produced and certifying the exceptional situations that led to this revision.
4.4 Receipt of the order does not bind the Seller until the same has expressly accepted the order by e-mail. It should be noted that upon receipt of the order by the Buyer, the system will automatically send an email summarizing the order received, which should not be construed as formal acceptance of the same. The Seller, with a subsequent e-mail, after checking the availability of the chosen product, will confirm and formally accept the order received.
4.5 The Buyer expressly attributes to the Seller the right to accept, even partially, the order placed (for example in the event that all the products ordered are not available). In this case, the contract will be considered completed in relation to the goods actually sold.
4.6 The Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity possibly exercised.
Article 5. Conclusion of the Contract
5.1 The Contract stipulated through the Site is considered concluded when the Buyer receives, via e-mail, the formal confirmation of the order, with a subsequent communication to the automatic e-mail and summary of the order referred to in Article 4.4, through which the Seller accepts the order sent by the Buyer and informs him that he can proceed with the fulfilment of the same. The Contract is concluded in the place where the Seller’s registered office is located.
5.2 Until the Buyer has received the confirmation e-mail referred to in the previous point, he has the right to proceed with the cancellation of the order by sending an e-mail to the Seller’s address “beer@wyattbrewing.it” or according to any other methods indicated on the Site.
6. Delivery Methods
6.1 The Seller will deliver to the Buyer, at the address indicated by them, the products selected and ordered, in the manner provided for in the previous articles, by couriers and / or trusted freight forwarders. Delivery will take place within 10 working days, as indicated in the order confirmation.
6.2 If the Buyer is absent, a notice will be left with the necessary information to contact the courier or shipper in order to agree on the delivery methods.
6.3 No responsibility can be attributed to the Seller for delayed or non-delivery due to force majeure or unforeseeable circumstances.
6.4 Upon receipt, the Purchaser is required to verify the conformity of the product delivered to him with the order placed; only after this verification will it be necessary to proceed with the signing of the delivery documents, obviously except for the right of withdrawal provided for in Article 10 of these conditions. The right of withdrawal is excluded if the goods sold are made “to measure” for the customer.
6.5 The Purchaser has the right to choose another carrier, it obviously being understood that even in this case the transport will take place at his own risk, care and expense, and that payment must be made in advance of delivery.
6.6 The Purchaser has the right to choose another carrier, obviously it being understood that even in this case the transport will take place at his own risk, care and expense, and that payment must be made in advance of delivery.
Article 7. Liability
7.1 The Seller assumes no responsibility for the delay or failure to deliver the goods due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part , to execute the contract within the agreed time.
7.2 The Seller will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the consumer is only entitled to a refund of any price paid.
7.3 The Seller guarantees that the Products in the electronic catalogues can be freely purchased and that they are not subject to pledges or mortgages. In any case, the rules of the Italian civil code on the subject of buying and selling apply.
Article 8. Guarantees and Methods of Assistance
8.1 The Seller only markets original and high-quality products. The warranty is 2 years from delivery and runs from the day the goods are purchased.
8.2 In the event of lack of conformity, the rules set out in Legislative Decree 6 September 2005, n. 206 apply. Any defect must be reported within 8 days of discovery, otherwise the Buyer forfeits the right to guarantee.
Article 9. Obligations of the Buyer
9.1 The buyer agrees and undertakes, once the purchase procedure has been completed, to print and keep these general conditions, which, moreover, will have already been viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition set out in Legislative Decree 6 September 2005, n. 206.
9.2 It is strictly forbidden for the Purchaser to enter false and / or invented and / or fictional data in the registration procedure using the appropriate electronic form; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or of fantasy. The Buyer therefore, assumes full responsibility for the accuracy and veracity of the data entered in the electronic registration form, aimed at completing the product purchase procedure.
9.3 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
9.4 The Buyer releases the Seller from any liability arising from the issue of incorrect tax documents due to errors in the data provided by the Buyer, the latter being solely responsible for the correct insertion.
Article 10. Right of Withdrawal
Under 10.1 of the articles 64 and 67 of Legislative Decree 6 September 2005, n. 206, the Buyer can exercise the right of withdrawal, obtaining a refund of the price paid, except for goods sold “to measure”, by returning the goods received in their original packaging, without tampering with any warranty seal or simply opening and / or deteriorate the outer packaging itself.
10.2 The Purchaser who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 working days from the day of receipt of the purchased goods.
10.3 To exercise the right of withdrawal, the customer must, within the term indicated in point 10.2, send a registered letter with return receipt to the following address: JFWYATT Consulting Srl, located in Milan, Via Egadi 7. It can be sent within the same period an email to beer@wyattbrewing.it which must be followed within 48 hours by the aforementioned registered letter with acknowledgment of receipt confirming the intention to withdraw from the contract. If the goods have been delivered, all items must be returned, within 14 working days, in the same conditions as they were received, with the original packaging and any manuals and / or instruction booklets present; there are no other methods of returning the goods. This deadline for the return by the Buyer cannot be less than 14 working days from the date of receipt of the goods. All possible costs of returning the products are borne by the Buyer / Consumer; to this end, the Purchaser, directly or by other means, will deliver the same to the address indicated by the Seller. The Seller will accept the returned goods reserving the right to ascertain that the products have been returned in their original state and with their original packaging.
10.4 The Consumer who exercises the right of withdrawal in accordance with the provisions will be reimbursed the sums already paid within 10 days, and in any case no later than 30 days from the date on which the Seller (or the service provider) came to knowledge of the consumer’s right of withdrawal.
10.5 Exclusion: Pursuant to Article 47, paragraph 2, of the Consumer Code, the right of withdrawal is excluded for small-scale contracts; orders of less than 50 euros are understood as such (for separate contextual orders placed by the same Buyer, the threshold is calculated by summation).
Article 11. Termination of the Contract
11.1 The parties agree that the contract will be terminated by law following the occurrence of one of the breaches listed below:
– violation of the obligations referred to in Article 4 (Methods of purchase and sale prices);
– violation of the obligations referred to in Article 7 (Liability);
– violation of the obligations referred to in Article 9 (Obligations of the Buyer):
– violation of the obligations referred to in Article 14 (Prohibition of assignment).
11.2 Pursuant to Article 1456 of the Italian Civil Code, the party who intends to make use of the resolution will notify the counterparty by sending a registered letter with return receipt or certified e-mail (certified e-mail), indicating the reason; the effects of the termination run from the date of receipt of the notice of termination resulting from the receipt returned to the Party that resolve and the Buyer will only be entitled to a refund of any sum already paid.
Article 12 Communications
12.1 Without prejudice to the cases expressly indicated – or established by legal obligations – communications between the Seller and the Purchaser will preferably take place via e-mail messages to their respective electronic addresses which will be considered by both parties as a valid means of communication. and whose production in court cannot be contested for the sole fact of being IT documents.
12.2 Both parties may at any time change their e-mail address for the purposes of this article, provided they promptly notify the other party in compliance with the forms established in the previous paragraph.
Article 13. Treatment of Personal Data
13.1 The Purchaser expressly declares to have read both the information provided for by Article 13 of Legislative Decree 30 June 2003, n. 196 (Privacy Code), and the “privacy policy” of the Site.
13.2 The rights deriving from the privacy legislation and the information obligations arising from it by the Seller are examined “online”, before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of the same.
13.3 The owner of the collection and processing of personal data is JFWYATT Consulting S.r.l., as specified above, in the person of its legal representative, the President of the Board of Directors, Ms. Paola Rosaria Caglioti. The rights referred to in Article 7 are exercised with a request addressed without formalities to the owner, by sending a simple e-mail to the address of the Seller, who is required to communicate any changes to their data to the same address.
Article 14. Prohibition of Assignment
14.1 The contract is not transferable to third parties, under penalty of immediate termination.
Article 15. Jurisdiction and Competent Court
15.1 Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated “online” through the Seller’s website is subject to Italian jurisdiction, also in accordance with the provisions of Article 3, Conv. 19 June 1980, n. 80/934 / EEC (Rome Convention), on the law applicable to contractual obligations; these general conditions are reported, although not expressly provided therein, to Legislative Decree 6 September 2005, n. 206 (Consumer Code),
15.2 In the event of disputes arising from this contract or related to it, the parties undertake to seek a fair and amicable settlement between them.
15.3 If the dispute has not been resolved amicably, and in any case within six months from the date of its beginning, it will be brought to the exclusive knowledge of the Court in whose district the Buyer / Consumer has his domicile in accordance with the provisions of Legislative Decree 206/05; in the event that the Purchaser does not hold the status of final consumer, it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Milan.
Article 16. Final Clauses
16.1 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.
Article 17. Applicable Law and Reference
17.1 – This contract is governed by Italian law.
17.2 – Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract and, in any case, the provisions of the Civil Code and Legislative Decree 6 September 2005, n. 206 (Consumer Code).