Terms and conditions
Online beershop terms and conditions of sale
- Brado Srl: is the company with mark Ca' del Brado, Via Andrea Costa 146/2 Rastignano (BO),
- http://www.cadelbrado.it: contains the virtual shop accessible via the URL http://www.cadelbrado.it/beershop, where it is possible to purchase the Products.
- General Conditions: these are the general conditions of sale and any future new versions that may be published on http://www.cadelbrado.it
- Customer: any person (natural or legal person) who purchases one or more Products through http://www.cadelbrado.it/, accepting the General Conditions.
- Parties: Brado Srl and the customer
- Sale and Purchase Agreements: the sale and purchase contracts for the Products pursuant to art. 3. that follows, between Brado Srl and Customers through http://www.cadelbrado.it
- Products: the products published on http://www.cadelbrado.it which may constitute the subject of a future Purchase Agreement.
- Price: the sale price of the Products as indicated on http://www.cadelbrado.it in correspondence with the Products themselves.
- Order: the purchase order of the Products sent by the Customers, in accordance with the General Conditions and following the procedure referred to in art. 6 below.
- Order Confirmation: the e-mail message through which Brado Srl communicates to Customers the acceptance of the Order.
2.1 The General Conditions govern all the Sale and Purchase Agreements constituting an essential and integral part.
2.2 Brado Srl reserves the right to modify the General Conditions at any time, it being understood that those published on http://www.cadelbrado.it at the time of sending the relevant Order will be deemed applicable to each Purchase Agreement Customer.
2.3 In the event of a conflict between the rules referred to in the General Conditions with any other specific rules relating to the Sale and Purchase Agreement, as long as they are published on http://www.cadelbrado.it, the latter will apply.
3. Conclusion of the Sale and Purchase Agreement
3.1 Brado Srl will send the Order Confirmation to the Customer within 3 working days of receipt of the Order by the Customer.
3.2 The Purchase and Sale Agreements are concluded between the Parties when the Customer receives the Order Confirmation, regardless of his actual knowledge (without prejudice to the right of return referred to in Article 9, in the cases provided for therein). If the Customer does not receive the Order Confirmation within the deadline indicated in art. 3.1, this must be understood as refused in silence and therefore the Order must be considered refused by Brado Srl and, therefore, without any legal effect.
3.3 By sending the Order, the Customer declares to have read all the instructions relating to the method of purchase of the Products referred to in art. 6 and to have fully accepted the General Conditions and to have read all the further information contained on http://www.cadelbrado.it., Also referred to via links.
3.4 Each Order will be archived in the database of http://www.cadelbrado.it, according to the methods and in compliance with the provisions of Italian law Legislative Decree 30.06.2003 n. 196 ("Privacy") and will be accessible by contacting Brado Srl at the references referred to in art. 16.
4. Product availability
4.1 The typology of Products published on http://www.cadelbrado.it. and their availability may change at any time without this implying any liability for Brado Srl towards the Customers.
4.2 Products indicated as "sold out" cannot be ordered by customers. In the event of the unavailability of a Product indicated as available at the time of sending the Order by a Customer, Brado Srl, without prejudice to the provisions of art. 3.2, undertakes to indicate to such Customer, in a subsequent communication by e-mail, the indicatively scheduled times for a new availability of the Product / s subject of the Order sent by the Customer. The Customer can withdraw the Order within 48 hours of receiving this communication from Brado Srl (without prejudice to the right of return referred to in art. 9, in the cases provided for therein) by sending an e-mail message to the address specified at art. 16. In this case Brado Srl undertakes to refund the Price in the shortest possible time.
4.3 Brado Srl reserves the right not to indicate the availability of some Products published on http://www.cadelbrado.it.
5. Price and shipping costs; taxes
5.1 The Price is expressed in € (Euro). The applicable Price is the one published on http://www.cadelbrado.it at the time of the sending of each Order by the respective Customers.
5.2 The price is inclusive of VAT (22%).
5.3 The product Price does not include shipping costs. The Customer is therefore required to pay Brado Srl a contribution for variable shipping costs depending on the total weight of the Products to be delivered and the shipping destination.
5.4 The contribution foreseen in the preceding paragraph will however be indicated, separately from the Product Price on http://www.cadelbrado.it, so that the Customer knows it before sending the relevant Order and will be paid by the Customer, in case of conclusion of the Sale and Purchase Agreement together and contextually with the payment of the Price in accordance with the methods set out in art. 7.
6. Method of sending Orders
6.1 In order to place Orders on http://www.cadelbrado.it, the Customer must register by entering all the data required therein as "mandatory" in the appropriate section.
6.2 The Customer can purchase the Products by selecting them in the section of http://www.cadelbrado.it dedicated to this and inserting them in the "cart". If the Products that the Customer intends to purchase are more than one, the same procedure as above must be repeated by clicking on "buy". Once the selection of the Products has been completed, the Customer must, if he has not already done so previously, proceed to enter his / her data as per art. 6.1 and then click on "complete order". Once the correctness of the data relating to the chosen Product / s and the "sending information" has been verified, the Customer will have to choose the payment method pursuant to art. 7. Once the payment method has been chosen, the Customer can proceed to send the Order by clicking on "send order".
7. Method of payment
7.1 The Customer may pay the Price and the contribution for the shipping costs referred to in art. 5 through Paypal or bank transfer. Brado Srl reserves the right to change, at any time, the means of payment that can be used by customers, it being understood that those published on http://www.cadelbrado.it will be considered usable when the orders are sent by the respective Customers.
7.2 When the Orders are sent by the Customers, the Web session will open a connection on the secure Paypal.com website. On this website, the customer can complete the payment of the price and the contribution for the shipping costs referred to in art. 5, using credit card. The charge of the Price and the contribution for shipping costs pursuant to art. 5 on the credit card will take place at the same time as Brado Srl sends the Order Confirmation to the Customer.
7.3 Brado Srl will send if requested a regular invoice to the Customers via e-mail with VAT number (against the complete supply of the company data). For the purposes of issuing the invoice, the information provided by the Customer will prevail: no change of the invoice will be possible after its issue by Brado Srl.
7.4 The information received by Brado Srl, pursuant to this article 7, will be used exclusively to complete the procedures relating to the sale of the Products and for the refund procedures in case of exercise of the right of return referred to in art. 9. by Customers.
8. Shipping and delivery times of the Products
8.1 "Shipment" of the Products by Brado Srl means, pursuant to these contractual regulations, the delivery of the same to the courier. From the moment it receives notification of the debit authorization in the event of payment by credit card, Brado Srl undertakes to ship the Products respecting the following times: (i) in the case of Products available (as defined in art.4 .): within 6 working days; (ii) in the case of available Products become unavailable (as defined in art. 4.2): within 6 working days from the moment in which such Product or such Products are available again at the Brado Srl warehouses, without prejudice to the Customer's right to withdraw the Order pursuant to the same art. 4.2.
8.2 Brado Srl guarantees the shipment of the Products by express courier. The Products are shipped by Brado Srl, and delivered by the Courier, to the address indicated by the Customers at the time of registration referred to in art. 6.1 or to a different address indicated when sending the Order.
8.3 Pursuant to the law, Brado Srl will complete the delivery of the Products at the time of their respective delivery to the Courier, but will do everything in its power to ensure that the Products shipped pursuant to Articles 8.1 and 8.2 are delivered by the courier within the terms indicated in the "Shipping" section of Brado Srl. 8.4 The delivery terms referred to in art. 8.1, cannot, in any case, be considered binding for Brado Srl which cannot in any case be held responsible in any way for their failure to comply.
8.4 Customers, or other subjects appointed by Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, upon delivery, that: (i) the Products correspond to what is indicated in the courier's transport document or invoice or receipt included in the package or sent electronically, both by number and by type; (ii) the packaging / packaging of the Products is intact, not damaged, nor wet or otherwise altered, even in the closing materials.
8.5 Any damage to the packaging / packaging of the Products must be immediately contested by the Customer by placing a written control reserve on the proof of delivery of the Courier. It is understood that, once the Courier document has been signed without any dispute, the Customer will no longer be able to raise any objection to Brado Srl with reference to the Product delivered.
8.6 The Products can be delivered by the Courier only to Customers or to persons authorized by them; the subject to whom the Products are delivered must affix a signature to certify the successful delivery. The Courier does not deliver to post office boxes or by inserting the Products in letter boxes or other similar places.
9.1 If the Customers are "consumers" (i.e. a natural person who acts for purposes unrelated to any business, commercial, artisanal or professional activity carried out), the Customers have the right, pursuant to and for the purposes of art. 64 of Italian law Legislative Decree no. 206/2005, to withdraw from the Sale and Purchase Agreements within 10 working days from the date of receipt of the Products covered by the Sale and Purchase Agreements. The right of return must be exercised by customers by sending Brado Srl a written communication, by e-mail to the address referred to in art. 16., containing:
(i) the willingness to exercise the right of return;
(ii) the indication of the Order that gave rise to the Sale and Purchase Agreement from which they intend to withdraw.
9.2 In the event of exercise by the Customers of the right of return pursuant to this art. 9 .:
(i) Customers undertake to return the Products within 7 working days from the date of the return notice pursuant to art. 9.1;
(ii) all costs associated with returning the Products are entirely borne by the Customers;
(iii) Brado Srl undertakes to refund the Price in the shortest possible time, and in any case within 30 days from the date of receipt of the return notice pursuant to art. 9.1, provided that:
- the Products have been returned and are intact;
- the original packaging / packaging of the Products is returned and the same is intact;
- any accessories are returned and they are intact;
- the Products have not been used;
(iv) Brado Srl will communicate to the Customers the methods of reimbursement of the Price and may, for this purpose, request their bank details from the Customers (IBAN and holder of the current account).
9.3 If Customers exercise the right of return in a way that does not comply with the methods and terms set out in this article 9, Customers are not entitled to a refund of the Price.
10. Products defects / discrepancies
"Consumer" customers (as defined in art. 9.1) are recognized the consumer rights referred to in art. 130 of Italian law Legislative Decree 206/05; these rights must be exercised in the terms referred to in art. 132 of the same Italian law Legislative Decree 206/05.
The owner of the processing of data collected through http://www.cadelbrado.it. it is Brado Srl that declares and guarantees that the customers' personal data will be processed in accordance with the provisions of Italian law Legislative Decree 196/03, and subsequent amendments.
Those responsible for the processing of customer data are as follows:
- Paypal, as operator of online payment systems;
- Express couriers that deals with the processing of data necessary to carry out the shipping, delivery and return of the products purchased on Brado Srl;
12. Errors and / or inaccuracies on http://www.cadelbrado.it
12.1 Brado Srl undertakes to constantly check http://www.cadelbrado.it in order to avoid errors or inaccuracies. However, it is possible that http://www.cadelbrado.it contains, or may over time contain, errors, inaccuracies or omissions.
12.2 Brado Srl therefore reserves the right to correct errors, inaccuracies or omissions contained on http://www.cadelbrado.it even after an Order has been sent and also reserves the right to change or update the information at any time without prior communication to customers.
13. Intellectual Property
All intellectual property rights connected to http://www.cadelbrado.it (including the contents) are the exclusive property of Brado Srl. Http://www.cadelbrado.it and its contents cannot be reproduced in whole or in part , transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of Brado Srl.
14. Applicable law
14.1 The General Conditions and the Sale and Purchase Agreements are governed by Italian law (and in particular by Legislative Decree 206 of 06/09/2005 - which in articles 50 to 67 governs distance contracts - and by Italian law Legislative Decree 70 of 09 / 04/2003 on electronic commerce) and in light of this they must be interpreted.
14.2 For any controversy that may arise in connection with the General Conditions and / or the Sale and Purchase Agreements, the Bologna (BO) court will have exclusive jurisdiction, unless otherwise provided in imperative form by law.
For further information and assistance on http://www.cadelbrado.it or on the methods of purchase on http://www.cadelbrado.it or on the Sale and Purchase Agreements, Customers can contact Brado Srl via the email address info @ cadelbrado .it, or by letter to the address: Brado Srl, Via Andrea Costa 146/2, 40065 - Rastignano (BO)