For the purposes of this agreement, the following terms have the meanings below specified:
- Seller: Soul 84 Spirits s.r.l.s.;
- Buyer: Private consumer or Company / Single company purchasing for purposes
- inherent to its business activity;
- Conditions of sale: these general conditions, available in the appropriate section of the
- Products: everything that can be purchased, according to the availability of the moment, on the
- buyer’s website through online membership or other agreed methods directly with the seller
- Visitor: the one who navigates within the site without registering;
- User: the one who registers on the site.
2. SUBJECT MATTER AND SCOPE
These general conditions regulate the sale of the products advertised within the www.soul84.com site, whose illustration, explanation and availability are contained within the “Products” section of the site, through photographs and its caption with the appropriate and detailed explanations.
The visitor can decide to register on the site through the appropriate assistant. The registration ends by sending an email confirming the success of the procedure. The credentials attributed to the registered user must be kept and, if forgotten, they can be retrieved by activating the appropriate procedure directly from the site.
The registered user can purchase the products, through the methods indicated in the following art. 3. Please note that registration is optional and it is allowed to proceed with purchases even to the visitor who does not intend to register.
3. CONCLUSION OF CONTRACT
The contract between Seller and Buyer is concluded through the Internet through the Buyer’s access to the www.soul84.com site, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the products referred to in the previous art. 2.
The contract is concluded by the exact completion of the request form and consent the purchase manifested through the adhesion sent online, always after viewing a printable order summary web page with the details of the payer and the order, the price of the goods purchased, shipping costs and any additional ancillary charges, the methods and terms of payment, the address of delivery, the delivery times and the existence of the right of withdrawal.
By sending the order form, according to one of the methods indicated above, the Buyer acknowledges and declares to have read all the information provided during the purchase procedure, as well as additional information contained in the Site relating to Privacy and to fully and unconditionally accept the Conditions of Sale.
Alternatively, the buyer can contact the seller directly through the appropriate contact form in the “contacts” section of the site, and agree on a mode of conclusion of the contract different than that specified above.
The contract is finalized and is effective when the Seller receives from the Buyer the order. The Seller then sends a confirmation e-mail and/or Display of a web page confirming and summarizing the order, printable.
Please note that it is possible to proceed, for each individual order, to the purchase of six bottles per Maximum. You will not be allowed to proceed with a higher order.
4. TERMS AND METHODS OF DELIVERY
The Seller will deliver the ordered products in the manner indicated in the summary order.
Shipping times may vary from the day of the order to a maximum of 2/3 working days from the confirmation of the same for orders within the national territory, while for orders outside the national territory, delivery is guaranteed within 6 working days, unless otherwise agreed between seller and buyer, to be formalized in writing, under penalty of nullity.
In any case, the relative code will be sent by email, if made available by the shipper, the shipment tracking.
The Seller may suspend the delivery of the products sold in case of failure or not regular payment of the price by the Buyer, pursuant to art. 6.
In case of delay or impossibility of delivery due to circumstances of majeure force and/or attributable to the designated shipper, the buyer will be promptly informed by the seller, in order to find a solution by mutual agreement.
The buyer assumes all responsibility for the address provided for the shipment of products; in case of incorrect address or does not correspond to the data provided at the time of the order, a second delivery attempt will be made after contact between the Seller and the buyer, to the email address provided by the buyer when ordering.
In any case, a penalty of € 10.00 euro will be applied, which must be paid in cash to the carrier, under penalty of cancellation of the order.
After sending the email by the seller, in the absence of feedback with indication of the exact address within five working days, the order must be considered canceled and the amount paid will be returned within 60 days to the buyer in the manner chosen by the seller, reduced by return costs and penalty of € 10.00.
In the event that the buyer is not available for the delivery of the ordered products, a second and last delivery attempt will be made by the chosen carrier, with methods and timing at the sole discretion of the carrier. If the buyer becomes untraceable even on the second delivery attempt, the goods will be held in storage from the carrier for ten days and can be collected from the carrier, upon payment cash on delivery of a penalty of € 10.00.
In case of failure to collect the goods in storage at the carrier within the terms indicated above, the order must be considered definitively and irrevocably canceled, and the amount paid will be returned within 60 days to the buyer in the manner chosen by the seller, reduced by return costs and penalty of € 10.00.
5. SALE PRICE
The selling price of each product is indicated on the website expressed in euros. The price is inclusive of VAT and any other taxes. Shipping costs and any ancillary charges (e.g. customs clearance), if any, even if not included in the price, are indicated and calculated in the purchase procedure before the order is forwarded by of the Buyer and contained in the web page summarizing the order placed.
Any and different agreements with respect to the sale price entered on the site must be formalized in writing and the relative order can be concluded exclusively with methods other than those indicated above, subject to agreement between seller and buyer.
6. PAYMENT METHODS
The payment of the full price for the purchase of the goods must be made with the methods and timing indicated on the appropriate web site by the Seller or with the different modalities agreed in writing between the seller and the buyer at the time of the order.
Failure or incomplete timely payment within the agreed term will constitute serious default for the Buyer and will determine the right for the Seller to terminate the contract, without the need for formal notice.
All communications relating to payments take place on a special line of the sellerprotected by encryption. The Seller guarantees the storage of these information with an additional layer of security encryption and in accordance with the provisions from the current regulations on the protection of personal data.
If the buyer acts for professional purposes and/or related to its commercial business, must indicate that you want to receive the invoice during the compilation of the appropriate order form, flagging the relevant form. The invoice will be issued and delivered together with the order.
8. SELLER’S RESPONSABILITY
The Seller is not responsible, except in the case of willful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside of one’s own control, or of its subcontractors. The Seller is not liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, having the Buyer right only to a full refund of the price paid and any charges supported accessories. The Seller declines any responsibility for the information, documents and materials possibly entered by third parties on the Site, even if such content is put to disposition of the Buyer in the context of an advertising service offered by the Seller. The seller assumes no responsibility for the truthfulness and correctness of the data communicated by the buyer at the time of purchase, as well as in relation to any incorrect or untrue addresses provided for shipment purposes.
9. OBLIGATIONS OF THE SELLER
The Seller guarantees the conformity of the products to the declared technical characteristics and their immunity from defects, as well as their safety according to the standards in at the time of their selling.
No compensation is due if the Buyer has been aware of the defect of the product and of the danger that ensued from it and nevertheless voluntarily exposed himself to it. In any case, must prove the defect, damage, and causal connection between defect and damage.
10. BUYER’S RESPONSABILITY
The Buyer is solely responsible for the correctness and completeness of his data identification and in any case of any data entered on the Site and/or in the order form, in particular with reference to the product ordered, with the exclusion of any liability on the part of the Seller.
11. OBLIGATIONS OF THE BUYER
The Buyer undertakes to pay the price of the purchased goods in the times and ways indicated by the contract. The Buyer undertakes, once the online purchase procedure has been completed, to provide the printing and storage of this contract. The information contained in this contract has already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before of the purchase confirmation.
12. RIGHT OF WITHDRAWAL
The Buyer has the right to withdraw from the purchase contract, only if he purchases as consumer and therefore outside his commercial activity, within the period of 14 (fourteen) days from delivery of the ordered goods.
The withdrawal must be made by sending the appropriate form available at the link https://www.euroconsumatori.org/it/lettera_tipo_modulo_standard_di_recesso to the email address firstname.lastname@example.org.
Following the valid and timely exercise of the right of withdrawal, the seller will get in touch with the buyer, in order to agree on times and methods of return of the goods, as well as for the restitution of the sums paid.
In any case, the goods must be returned intact, complete with packaging and the relative verification will be carried out by the seller upon delivery.
If the goods are not intact, even partially, the seller reserves every appropriate action for its own protection. The costs of returning the goods are borne exclusively by the buyer.
13. TERMINATION OF THE CONTRACT
The obligations of the Buyer and the exact fulfillment of the obligations assumed by the Seller are essential. The non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the termination of the contract pursuant to art.1456 c.c., without need for a judicial ruling.
14. METHOD OF ARCHIVING THE CONTRACT
Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Buyer that each order sent is stored in digital form on the server at the Seller’s premises according to criteria of confidentiality and security.
Any dispute concerning the execution, interpretation and validity of this contract is referred exclusively to the Court of Padua if the buyer purchases with VAT number as part of its commercial / entrepreneurial activity. Instead, the hole of consumer with reference to purchases made by private parties outside his own commercial / entrepreneurial activity and for purposes unrelated to it.
16. EXCLUSIVITY OF THE AGREEMENTS AND MODIFICATIONS / ADDITIONS
This contract repeals and replaces all agreements, understandings, negotiations, written or oral, previously intervened between the Parties and concerning the subject matter of this contract. Any changes and / or additions to this contract must be formalized in written form, under penalty of nullity.
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The Buyer declares to have read the above clauses and conditions exactly, and in detail of the conditions referred to in art. 4 (Terms and methods of delivery), art. 8 (Liability of the Seller), art. 13 (Termination of contract), Art. 15 (Jurisdiction), whose clauses – re-read and approved – are accepted by the Buyer with all consequent effect pursuant to and for effect of Articles. 1341 and 1342 of the Italian Civil Code.
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