Terms and conditions
These conditions govern the purchases made on the website www.amarzo.com, in accordance with the provisions of Part III, Chapter I, of the Consumer Code, D.Lgs. n. 206/2005, as amended by Legislative Decree No. 21/2014 and Legislative Decree No. 70/2003 on electronic commerce. Products purchased on www.amarzo.com are sold by:
with registered office in Italy: LOC. I CAPPUCCINI 48 - 53034 SIENA
hereinafter referred to as "Hobbyists".
Any information regarding the sale of products on the website www.amarzo.com may, in any case, be requested by sending an email to:
firstname.lastname@example.org or by contacting the telephone number: +39 3331745685.
These conditions may be modified and the date of publication of the same on the site is equivalent to the date of entry into force.
1. Term and conditions of Sale
1.1 These General Terms and Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for movable tangible goods indicated on www.amarzo.com between the users of www.amarzo.com and the Seller.
1.2 The products referred to in the previous paragraph are illustrated in the web pages of the site: www.amarzo.com .
1.3 The General Conditions of Sale do not regulate the provision of services or the sale of products by subjects other than the Seller that are present on www.amarzo.com through links, banners or other hyperlinks.
1.4 The Seller offers for sale, on www.amarzo.com, the products and carries out its e-commerce activities both towards consumers and other users. Consumer users ("Consumer/s") means any natural person who acts on www.amarzo.com and for purposes not related to their own commercial activity, entrepreneurial or professional possibly carried out in accordance with the provisions of D.Lgs. 6 September 2005 n. 206 (the "Consumer Code"). For the purposes of these General Conditions, the Consumer is not considered to be the person who, at the time of purchase of a Product or Service expressly indicates in the mask reserved for entering personal data to belong to the category "Companies, entities, professionals with a VAT number", at the same time entering their VAT number. If no express reference is made to the category of Consumers, the provisions of the General Terms and Conditions apply without distinction to all users who purchase Products and/or Services through the Site (the "Customers").
2. Procedure for concluding the contract
2.1 The contract between the Seller and the user of www.amarzo.com is concluded by the Buyer’s access to www.amarzo.com following the procedures indicated in the following paragraphs.
2.2 To conclude the contract of purchase of one or more products on www.amarzo.com, you must have a regular credit/debit card. The contract is concluded exclusively by filling in the exact order form in electronic format, which must be transmitted to the Seller, electronically, following the instructions.
2.3 Before proceeding with the purchase of the products, by sending the order, you must carefully read these General Conditions of Sale and the Information on the right of withdrawal, as well as print a copy or save a copy on computer support. A summary of the commercial and contractual conditions that are proposed for the purchase of the products will also be provided, which contains a reference to the General Conditions of Sale and a summary of the essential information of each product ordered with its price (including all applicable taxes or charges)means of payment which may be used to purchase each product, methods of delivery and treatment of complaints, shipping and delivery costs, any additional charges, as well as the Seller’s references and the date by which the Seller undertakes to deliver the products purchased.
2.4 In the order form, displayed immediately before the conclusion of the purchase contract, information will be provided in summary on: essential characteristics of the product, the price including applicable taxes and taxes and shipping costs. The contract is concluded when the Seller receives, electronically, the order form from the Buyer, after checking the correctness of the data relating to the order.
2.5 The order form will be stored in the database for the period necessary for the processing of orders and in any case within the terms of law.
2.6 When sending the order form, the Purchaser will be advised that such forwarding implies the obligation to pay the indicated price. Before proceeding with the transmission of the order, the Buyer will be asked to identify or correct any errors in data entry.
2.7 The language available to conclude the contract with the Seller is Italian.
2.8 Once the contract has been concluded, the order placed by the buyer will be taken over.
2.9 The Seller may refuse purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products. The buyer will be informed in these cases that the contract is not concluded.
2.10 The delivery times indicated on the website www.amarzo.com must be considered as purely indicative and a delay compared to them, or any delivery made with subsequent split shipments do not entitle the Customer to the refusal of the delivery itself and to the request for compensation or compensation.
If the products offered for sale are no longer available or for sale at the time of accessing the website www.amarzo.com or at the time of sending the order, the seller will notify the customer promptly and in any case within thirty days of the unavailability of the product. In case of order and payment of the price, the Seller will refund the amount paid by the customer and the contract will be considered terminated.
2.12 Once the contract has been concluded, the Seller shall send by e-mail a purchase order receipt containing the General Conditions of Sale.
2.13 The product purchased on www.amarzo.com is intended exclusively for the country in which the Buyer places the order; therefore, if the Buyer places the product in another country, Buyer is responsible for placing and is required to follow the applicable regulations and restrictions both for export from the country where you purchased the product and for import into the country where you intend to bring the product.
3. Prices and guarantees
3.1 The products offered for sale on the website www.amarzo.com are all handmade products by expert Tuscan artisans, obtained from the recycling of bottles of wine already used. The products offered on the website www.amarzo.com fall within the scope of objects, so they are not for food use.
3.2 The essential characteristics of the products are presented on www.amarzo.com within each product sheet. The images and colors of the products offered for sale may not match the real ones due to the effect of the internet browser and the monitor used. The images offered on the site for each product, moreover, may not be corresponding to the actual use.
3.3 All sales prices of the products displayed and indicated on the website www.amarzo.com are expressed in Euro.
3.4 The prices indicated in the WEB price list of the previous point are to be understood as including VAT for EU Buyers, while for non-EU Buyers VAT is not applied (not taxable article 8 of DPR n. 633/72). Also for European companies (excluding Italy) with VAT INTRASTAT VAT is not applied (non-taxable article 41 DL 331/93). For products selected for purchase or included in the "Cart", the unit price, the total price and the total amount of VAT included, expressed in Euro or non-taxable.
3.5 All products for sale on www.amarzo.com are purely Italian handmade products.
3.6 With regard to deliveries requested in countries outside the European Union, any customs import costs will be charged to the recipient. The Customer is therefore invited to contact the customs authorities of their country in advance to verify the costs and any import limits.
3.7 Any breakage of the pieces during transport will be taken into consideration only if the Buyer demonstrates with photographic material of the claim, sent within 5 days of receipt of the parcel by the courier in charge, to our email address: email@example.com.
4. Methods of payment
4.1 Payment must be made exclusively in Euro.
4.2 Any payment by the Buyer may only be made by one of these methods: credit/debit card and PayPal. In no case will higher costs be charged than those actually incurred by the Seller, in relation to the chosen instrument.
4.3 In case of payment by credit card, the financial information will be forwarded, by encrypted protocol, to the banks that provide the related electronic payment services at a distance, without third parties being able to have access to it. Moreover, such information will never be used by the Seller except to complete the procedures related to the purchase and to issue the related refunds in case of any product returns, following the exercise of the right of withdrawal, or where it is necessary to prevent or report fraud to the police.
5.1 The delivery of the goods purchased on www.amarzo.com is scheduled for the territories indicated in the shipping and packaging menu.
5.2. The Seller will deliver the products selected and ordered, in the manner chosen by the Buyer or indicated on the website.
5.3 The delivery methods, times and costs are clearly indicated and clearly highlighted at www.amarzo.com.
5.4 The service of delivery through is inclusive of packing, counter-packing and transport.
5.5 the Seller guarantees the integrity of the product until the moment of receipt of the Product and/or products. The Customer must view the product before the forwarder. In the event that the Customer receives a product that is not intact, the Customer is required to make a photo of the Product and the packaging, to report it to the shipper and the Seller. In this case, the Seller undertakes to replace the product with an identical or similar one as soon as possible in the event of the product breaking during shipment.
6. Limitation of liability and guarantees
6.1 The Seller assumes no liability for defects attributable to force majeure, in the event that it fails to execute the order within the time prescribed by the contract.
6.2 The Seller shall not be liable to the Buyer, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet outside its control or its sub-suppliers.
6.3 The Seller shall not be liable for damages, losses and costs incurred by the Buyer as a result of the non-performance of the contract for reasons not attributable to him, The Buyer is entitled only to the full refund of the price paid and any ancillary costs incurred.
6.4 The Seller assumes no responsibility for any fraudulent and unlawful use that may be made by third parties, credit cards, cheques and other means of payment, upon payment of the products purchased, where he demonstrates that he has taken all the precautions possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
6.5 In no case may the Buyer be held responsible for delays or errors in payment if he proves that he has executed the same payment in the time and manner indicated by the Seller.
6.6 By convention, any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or things arising from the use or non-use of the products.
6.7 The visual representation of the Products on the Site generally corresponds to the photographic image of the same. It should also be considered the manufacture of totally handmade articles. The subjectivity characteristics of the objects on sale on www.amarzo.com derive from the processing and manual production of each individual bottle. It is therefore natural that it is not possible to add or reintegrate objects in periods after the sale without any differences in color, shape, size and weight. In any case, the company is committed to maintaining the highest possible quality standards for the products described in the catalogue.
7. Customer service
You can request any information by contacting by email at: firstname.lastname@example.org or at the number: +39 3713440360.
8. Right of withdrawal
8.1 The Right of Withdrawal applies only to consumers, that is to natural persons acting for purposes not related to the professional, commercial and entrepreneurial activity carried out. Therefore, purchases made by retailers and companies are excluded from the right of withdrawal.
8.2 The buyer-consumer has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) days, starting from the day of receipt of the products purchased on www.amarzo.com in the ways indicated below.
8.3 To withdraw from the contract the Buyer - consumer may use the Modulo di reso
(conforms to the standard module pursuant to art. 49, paragraph 4 of the consumer code) or draw up and send to the Seller another explicit declaration of the decision to withdraw from the contract with indication of the number and date of the order to be completed and sent directly to: email@example.com or send by registered letter with acknowledgement of receipt to: Loc. i Cappuccini, 48, Colle di Val d'Elsa, 53034, Siena (Italy). In both cases the burden of proving the correct and timely exercise of the right of withdrawal will be borne by the buyer.
8.4 Once the withdrawal from the contract has been exercised, the Buyer will return the products to the Seller at: Loc. i Cappuccini, 48, Colle di Val d'Elsa, 53034, Siena (Italy), delivering them to the courier for shipment within fourteen (14) days from when the decision to withdraw from the contract was communicated to the Seller.
8.5 The only costs to be borne by the buyer are those of returning the purchased products, unless the Seller has expressly exempted from these expenses at the time of purchase. The purchaser is responsible for the costs of importing goods from countries outside the European Community (EU).
8.6 The Right of Withdrawal - in addition to compliance with the terms and conditions described in paragraphs 8.1, 8.2, 8.3 and 8.4 above - is deemed to be correctly exercised if the following conditions are also fully respected:
the transmitted return form or other explicit declaration of the decision to withdraw from the contract must be correctly completed and sent to the Seller within fourteen (14) days of receipt of the products;
the products must not have been used, washed and must be intact;
the products must be returned in their original packaging;
the returned products must be delivered to the shipper within fourteen (14) days from the date of notification to the Seller of the decision to withdraw from the contract;
the products must not be damaged.
8.7 The Right of Withdrawal cannot be exercised for the products purchased which, during the order, the buyer has requested the engraving or personalized decoration. The right of withdrawal cannot be exercised for works made on commission.
8.8 If the Right of Withdrawal is exercised according to the methods and terms indicated in this paragraph 8, the Seller will refund any sums already collected for the purchase of the products according to the methods and terms provided.
8.9 The sums will be refunded as soon as possible and, in any case, within fourteen (14) days from the date on which the Seller became aware of the exercise of his right of withdrawal, the refund procedures will be activated, after verifying that the above terms and conditions have been correctly implemented.
8.10 If the procedures and deadlines for the exercise of the right of withdrawal indicated above, referred to in points 1, 4 and 5 of paragraph 8.6 above are not respected, you will not be entitled to reimbursement of the sums already paid to the Seller. Within 14 days from the sending of the email with which the non-acceptance of the return will be communicated, the buyer may choose to regain, at his expense, the products in the state in which they were returned to the Seller, giving notice to the Seller, in the manner to be communicated. Otherwise, the Seller may withhold the products, in addition to the sums already paid for their purchase.
If the conditions set out in points 2, 3 and 4 of paragraph 8.6 above are not met, you will not be entitled to a full refund of the sums already paid to the Seller. In fact, the Buyer will be responsible for the decrease in the value of the returned products, resulting from a use other than that authorized by the Seller in order to enable the nature, characteristics and operation of the products themselves to be ascertained. In this case, a percentage between 10% and 90% of the amounts paid to the Seller for the purchase of the returned products will be deducted from the refund, as will be specifically communicated by e-mail by the Seller. Within 14 days of sending the e-mail with which the sum deducted from the refund will be communicated, the Buyer may choose to regain, at his expense, the products in the state in which they were returned to the Seller, giving notice to the Seller, in the manner to be communicated. Otherwise, the Seller may retain the products and an amount corresponding to the percentage deducted from the refund.
9. Repayment term and conditions
9.1 After the return of the products, the Seller shall check that the products comply with the conditions and terms indicated in paragraph 8. In the event that the verification is successful, the Seller shall send to the Buyer, by e-mail, the relative confirmation of acceptance of the returned products. In the event that the checks are not concluded positively, the Seller shall communicate, by e-mail, the existence of a decrease in the value of the returned products, resulting from the Buyer’s failure to comply with the conditions set out in points 2, 3 and 4 of paragraph 8.6 above. At the same time, the Seller shall also communicate the amount that will be deducted from the sums paid for the purchase of the returned products; otherwise, the possibility of regaining, at the expense of the Buyer, the products in the state in which they were returned to the Seller, in accordance with paragraph 8.10 above.
9.2 Whatever the payment method used, the refund, in full or in part, is activated by the Seller in the shortest possible time.
9.3 The Seller makes the refund using the same means of payment used by the Buyer for the purchase of the returned products, unless the Buyer has expressly agreed with the Seller to use a different means of payment and provided that the Buyer does not have to bear any additional cost as a result of the refund.
10. Applicable law and place of jurisdiction
10.1 The General Conditions of Sale are governed by Italian law and in particular by Legislative Decree No. 206 of 6 September 2005 on the Consumer Code in Chapter I of the Italian Law. "Consumer rights in contracts", with specific reference to the law on distance contracts and D.Lgs. n. 70 of 9 April 2003 on certain aspects of electronic commerce.
10.2 All disputes arising from this contract will be referred to the Chamber of Commerce of Siena and resolved according to the Conciliation Rules adopted by the same.
10.3 In the event that the parties wish to bring an action before the ordinary Judicial Authority, in the event of a dispute with a person not qualified as a consumer, the Judicial Authority of Siena will be exclusively competent, in the case of a consumer, the place of jurisdiction shall be that provided for by law.
11. ODR (Online Dispute Resolution)
Consumers living in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This instrument may be used by the European consumer to resolve non-judicial disputes relating to and/or arising from contracts for the sale of goods and services concluded online. As a result, the European consumer can use this platform to resolve any dispute arising from the online contract with Francesco Bernardini. The platform is available at the following link (https:///ec.europa.eu/consumers/odr/).
12. Amendment and uptading
The General Conditions of Sale are amended from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on www.amarzo.com.
13. How to store the contract
Pursuant to art. 12 of D.Lgs. 70/03, the Seller informs the Buyer that every order sent is stored in digital form on the server ...("Cloudways").... according to confidentiality and security criteria.
Personal data protection
All data provided allow you to process orders. In accordance with D. L.gs 2016/679, concerning the protection of personal data, the SELLER has the right to rectification, consultation, modification and deletion of the data communicated. This right can also be used online. The information relating to the processing of personal data is available by accessing the dedicated website at the following address ( https:///www.iubenda.com/privacy-policy/54098411 )