General Terms and Conditions of Sale 1. Introduction and effectiveness of the General Terms and Conditions of Sale The purpose of these General Terms and Conditions of Sale (hereinafter, the "General Terms and Conditions") is to regulate the distance sale of products and services made available, through the Internet, on the website www.bollcrem.com (hereinafter, the "Site") and the related payment and delivery, in compliance with the Italian regulations set forth in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the "Consumer Code"). The seller of the products and owner of the Site is: Bollcrem® is a registered trademark of La Baita del Formaggio. The person who accesses the Site to make purchases (hereinafter the "Customer") is obliged, before sending the order, to carefully read these General Terms and Conditions - which constitute a binding agreement - made available to him/her on the Site and which will be consultable at all times by the Customer also through the link contained in the confirmation email of each order to allow him/her to reproduce and memorise them. Contracts concluded with Bollcrem® through the Site are governed by these General Terms and Conditions in accordance with Italian law. The characteristics and price of the various products for sale on the Site (hereinafter referred to as "Product" or "Products") are shown on the page relating to each Product. To purchase Products, the Customer shall fill in and send the order form in electronic format, following the instructions on the Site. The Customer shall add the Product to the Shopping Cart and, after having read these General Terms and Conditions (including the Course Regulations) and the Privacy Policy and confirmed their acceptance, shall enter the shipping and invoicing data, select the desired payment method and confirm the order. By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and that he/she fully accepts the transcribed General Terms and Conditions and Payment Conditions, as well as the Privacy Policy. The contract between Bollcrem® and the Customer shall be deemed concluded with the acceptance of the order by Bollcrem®. Such acceptance will be communicated to the Client through an email confirmation of the order itself containing a reference to these General Conditions, the order number, the shipping and billing information, the list of the ordered Products with their essential characteristics, the total price - including delivery costs - and the method of payment used. The Customer shall check the confirmation email and if he/she identifies any errors in the order (billing or shipping address, contact information or the like) he/she shall have a pre-established time limit from the receipt of such email to contact Customer Service directly from the Site using the appropriate contact form in the Customer Service area. This time limit will be 12 hours for purchases made with Standard Delivery and 2 hours in the case of Scheduled Delivery. Under no circumstances will it be possible to accept requests to change the contents of the shopping cart. Once this time limit has elapsed, the order will be put into processing for shipment and no further changes will be accepted, without prejudice to the Customer's rights under Article 7 below. Upon receipt of the order, Bollcrem® reserves the right to check the actual availability of the products ordered; in the event that one or more Products are not available, Bollcrem® will proceed with the replacement of the Product with a similar one. If the Customer prefers, he/she may select a different option: at the Shopping Cart he/she may opt to have the product replaced with a similar one, to remove the missing product from the order or - if this option is available - to be contacted by Bollcrem® to propose alternatives. It is understood that such options are only available for certain Products. If one or more products are missing, Bollcrem® will not charge the corresponding price. In the event that payment for the order was made by bank transfer, the refund shall be made in the manner described in point 5.3 of these General Terms and Conditions. In the case of the purchase of products of variable weight (meat, fish, fruit and vegetables, bread, dairy products, etc.), the measurements and weight indicated on the Site are indicative, Bollcrem® does its best not to deviate from the weight requested; however, it may happen that there are slight variations, either in excess or in defect. Please refer to point 5.2 of these General Terms and Conditions for the method of charging the actual amount. 2. Product Information The information and characteristics relating to the Products are available, with the relevant Product codes, on the Site. It is understood that the information of the delivered Products could be different from those reported on the Site for reasons not attributable to Bollcrem® (e.g. modifications made by the manufacturer on the Product) therefore it is necessary to always check the label and the information reported on the delivered Product. Bollcrem® does not assume any responsibility for the information reported on the Products by the individual suppliers. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in graphics, colour and size. In the event of a difference between the image and the written product description sheet, the product description sheet shall always prevail. Product prices include all taxes and duties. All prices are in Euro. When placing the order, the customer will be asked for the postcode of the address to which they intend to send their order and the system will check in real time whether Scheduled Delivery or Standard Delivery is available for that destination. If the area is not covered by the Scheduled Delivery service, the order can be completed via Standard Delivery. Bollcrem® delivers the shopping only in the manner and areas specified on the Site on the basis of the postcode entered; therefore, it assumes no responsibility and does not guarantee delivery for any incorrect addresses not covered by the specific service. 3.1. Scheduled Delivery in Italy: Scheduled Delivery is currently available in Rome, Milan, Turin and the surrounding area and has a variable cost, not included in the price of the Products, which will be specifically indicated (in Euros and inclusive of VAT) at the checkout before the order confirmation. If the customer wishes to restrict the time slot for delivery, he may request this before confirming the order by selecting a different time and day for delivery than the predefined ones. This reduction of the time slot requires an additional contribution from the customer. This surcharge is automatically calculated in the till by Bollcrem®, in cooperation with its shipping partner, based on various variables such as the destination of the order, the day and time chosen for delivery, the availability of couriers, etc. In any case, the total cost of delivery will be displayed automatically at the till according to the day and time of delivery chosen by the customer, and in any case before the order is confirmed by the customer. 3.2. Standard Delivery in Italy: For all other destinations in Italy, shipping is handled with Standard Delivery. Delivery costs are displayed directly at the checkout (in Euro and including VAT), before the order is confirmed. 3.3. Standard Delivery Abroad: For shipments abroad, only the Standard Delivery service is always available. Delivery costs are displayed directly at the checkout (in Euro and including VAT), before the order is confirmed. 3.4. In-store collection For the city of Milan only, an in-store pick-up service is also available free of charge. 4. Payment and Invoicing 4.1 Methods of Payment The Customer may make payment of the price of the Products and delivery charges by credit card and PayPal. 4.2 Refunds In the event of a refund, this will be made using the same payment method used by the Customer for the order, unless the Customer has expressly requested a different method. The refund will be made within 14 working days after acceptance of the refund by Bollcrem®. The re-credit to the customer's account will take place within a short time, according to the timeframe of the selected payment method or bank. 4.3 Invoicing of Orders If the customer so desires, it shall be possible to request an invoice by checking the appropriate box during the order process and entering the invoice data including tax code and/or VAT number, company name if applicable, and SDI Receiver Code. In this case, the invoice will automatically be sent to the customer's tax drawer, in accordance with the law. The customer is responsible for the correct input of the invoice data and is expressly informed that if the invoice is not requested during the order process, it will not be possible to request it later. 5. Transport and delivery Products purchased on the Site are delivered to the address indicated by the Customer during the purchase procedure in the 'Shipping Data' field. There is one type of delivery, Standard Delivery (hereinafter, 'Standard Delivery'). Standard Delivery is made from Monday to Friday, whereas Scheduled Delivery includes Saturday among the delivery days; public holidays and national holidays are always excluded. Bollcrem® is not responsible for unforeseeable delays or delays not attributable to Bollcrem® or for any damages, losses, costs, wrong and/or non-delivery of the Products due to force majeure or fortuitous events (e.g. natural disasters, bad weather conditions, strikes, accidents, etc.). Once the Products have been dispatched, the Customer will receive a dispatch confirmation email in which he/she will be 5.1 Standard Delivery - Active Services in Italy: The service includes 2 delivery attempts at the address indicated at the time of ordering. A notice will be left after each step. At the second unsuccessful delivery attempt, or in the case of incorrect address details, the courier will contact the addressee by telephone on the telephone number given at the time of ordering, to arrange delivery. If the courier is untraceable or absent, or if it is not possible to proceed with payment, the goods shall be returned to the warehouse and the Customer shall be charged for the delivery costs of the Products. In no event shall the price charged be reimbursed for Products that can no longer be sold to third parties (e.g. fresh or easily perishable products such as meat, cheese, bread, fish products, cold cuts, fruit and vegetables, 5.2 Standard Delivery - Active Services Abroad: If the Customer wishes to send the goods abroad, it is necessary to change the shipping country using the country flag icon available on the site in the top right-hand section of the screen. Shipments abroad may be made with different couriers depending on the country of destination. Countries where the service is active: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Monaco, Czech Republic, Romania, Slovakia, Slovenia, Spain (with the exception of the Canary Islands and Ceuta and Melilla), Sweden, Hungary. There are currently no plans to deliver to the UK. The right of withdrawal is governed by the following conditions: I. The right applies to the purchased Product in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the right of withdrawal only on part of the purchased Product. II. In case of exercise of the right of withdrawal, Bollcrem® will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date of receipt of the notice of withdrawal, without prejudice to Bollcrem®'s right to suspend payment of the refund until the actual receipt of the goods. The refund will be made in the manner described in point 5.3 of these General Conditions. III. Also in order to be able to guarantee free of charge the return pursuant to Article 8 below, the Products must be returned in the same box in which they were received. IV. In addition to the cases indicated in the Foreword (non-consumer customer and/or customer requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to Art. 59 of Legislative Decree 21/2014: - order of customised or clearly customised products; - order of products that are liable to deteriorate or expire rapidly; - order of sealed Products that are not suitable for return for hygienic or health protection reasons or that have been opened after delivery. With reference to the cases of exclusion of the right of withdrawal listed above, the Customer, in particular, is informed and accepts that these include all food products (including wines, spirits and beverages), as the characteristics and qualities of these types of products are subject to alteration also as a result of improper storage. Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only to Products purchased on the Site that can be returned to Bollcrem® and put back on the market without any danger to consumers' health (such as books, gadgets, kitchen utensils, etc.). In cases of exclusion of the right of withdrawal, Bollcrem® shall return the Products purchased and returned by the Customer, charging the Customer for the cost of return, or dispose of them if necessary. 6. Free Returns in the Event of Exercise of the Right of Withdrawal As a more favourable condition for the Customer - in the event of exercising the right of withdrawal - Bollcrem® shall bear the full shipping costs for the return of the Products. In order to benefit from such free shipping, the Customer wishing to exercise the right of withdrawal shall follow the procedure indicated in Article 7 above and wait to be contacted by Bollcrem®to agree on the return of the Products to the courier. 7. Order cancellation, postponement or change of shipping address The Customer may cancel, postpone or request a change of shipping address of the order within a limited period of time from the conclusion of the order; in the case of Standard Delivery this limit is 12 hours, for Scheduled Delivery the time limit is two hours. After this time limit, the order will be put into processing and it will no longer be possible to request cancellation or change of shipping address. The Customer shall contact Customer Service directly from the Site using the contact form accessible in the Customer Service area. Bollcrem® reserves the right to cancel the order in the event of unforeseeable difficulties by informing the Customer by email, or, by agreement with the Customer, to change the day and/or time of delivery. 8. Warranty and Conformity Defects In the event of conformity defects of Products sold by Bollcrem® the Customer shall immediately contact Customer Service using the specific contact form accessible on the Site through the "Customer Service" link in the footer. The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his or her choice and provided that the type of Product allows it, to the restoration, without charge, of the conformity of the Product by means of repair or replacement, or to an appropriate price reduction or to the termination of the contract. In the event of a faulty or corked wine, the customer is asked to keep the bottle with at least 2/3 of its contents and its original cork and to report the alleged non-conformity to Customer Service. Bollcrem® will intervene as soon as possible by arranging a free collection in order to carry out a thorough inspection and propose the most suitable solution. The Customer shall forfeit these rights if he does not report the conformity defect to Bollcrem® within a period of two months from the date on which he discovered the defect, unless the Product is by its nature perishable or subject to expiry within a shorter period, in which case the defect must be reported within that shorter period. The legal guarantee covers all Products with a conformity defect existing at the time of delivery and manifesting itself within 24 months from the date of purchase (the purchase receipt shall serve as proof). 9. Errors and Limitations of Liability The information on the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which therefore Bollcrem® cannot be held liable, except in case of intent or gross negligence. Bollcrem® reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these General Terms and Conditions and the Consumer Code. Except in the event of wilful misconduct or gross negligence, any right of the Customer to compensation for damages or to the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property, caused by the non-acceptance or non-fulfilment, even partial, of an order, is excluded. Bollcrem® promotes the responsible consumption of alcoholic beverages and excludes any liability, except malice or gross negligence, in the case of purchases made by persons under 18 years of age. By purchasing any alcoholic product you declare to be of age as per art. 7 of DL 158/2012. Bollcrem® assumes no liability in the event of a purchase made by minors under the age of 18 who have declared to be of a different age. 10. Complaints Bollcrem® shall process the Customer's personal data in full compliance with the relevant applicable legislation and in accordance with its privacy policy [link], which the Customer declares to have read and to accept in full. 11. Online consumer dispute resolution (ODR) Pursuant to Article 14 of Regulation 524/2013 we inform you that in the event of a dispute you may submit a complaint via the ODR platform of the European Union which can be reached here. The ODR platform is an access point for users wishing to resolve disputes arising from online sales or service contracts out of court. 12. Applicable Law and Jurisdiction The sales contract between the Customer and Bollcrem® is concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the Court of the Customer's municipality of residence or domicile shall have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Turin, any other jurisdiction excluded. *** Pursuant to Article 1341 of the Civil Code, the Customer declares having read and specifically accepted the following articles of these General Terms and Conditions: 6 (liability for late delivery), 10 (right to correct errors - exclusions of liability).
(pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 as amended and supplemented)
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