Premise: effectiveness of the terms and conditions of sale These terms and conditions of sale (hereinafter, “terms and conditions”) have as their object the regulation of the purchase of products made remotely and made available, via the Internet, from the website (hereinafter , the Site) in compliance with the Italian legislation on distance contracts (Legislative Decree 70/2003). This site is owned by Libatio Srl., With registered office in Via Borghetto, 3 – 20122 Milan. Libatio Srl fiscal code and registration with the Business Register 000 P. IVA 0000, and is dedicated to the retail sale of food and non-food products. Libatio Srl observes the legislation on contracts concluded at a distance referred to in art. 50 and following of the Legislative Decree. 206/2005 and Legislative Decree. 70/2003 and subsequent amendments and additions. The Customer is required, before sending the order, to carefully read the terms and conditions that have been made available on the Site to allow them to be reproduced and stored. Contracts concluded remotely with Libatio Srl through the site are governed by these terms and conditions in compliance with Italian law. The language available to conclude the contract is Italian.   The seller is: Libatio Srl Registered office: Via Borghetto, 3 20122 MILAN (MI) VAT number: IT11431330965 REA number: MI – 2602134   Art.1 – Premises The premises are an integral part of these TERMS AND CONDITIONS OF SALE OF THE ONLINE SALES SERVICE   Art. 2 – Definitions

  1. The expression “online sales contract” means the purchase and sale contract relating to the tangible movable assets of Libatio Srl, stipulated between this and the Buyer as part of a remote sales system through telematic tools, organized by Libatio Srl.
  2. The term “Buyer” refers to the natural or legal person who makes the purchase, as per this contract.

  Art. 3 – Object of the contract

  1. Libatio Srl sells and the Buyer buys with a distance sales contract, through the internet, the food products selected and ordered by the Buyer among those included in the electronic catalog on the website  and currently available.

Art. 4 – Methods of stipulating the contract

  1. The contract between Libatio Srl and the Buyer is concluded exclusively through the Internet by accessing the Buyer at the address , where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods referred to in point 1 of the previous article.
  2. The service is active for purchases to be delivered exclusively in Italy.
  3. The contract is concluded, and is binding for both parties, after the correct completion of the request form and the consent to purchase and the subsequent confirmation, by Libatio Srl, of the registration of the purchase order. made by the Purchaser via a summary message of the order, sent to the e-mail address indicated by the Purchaser and / or with a web screen.
  4. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
  5. In the event of any unforeseen stock outages due to unforeseeable factors or other causes, Libatio Srl undertakes to promptly notify the Buyer via e-mail of the unavailability of the product and to refund or in any case not charge the buyer the corresponding price, or to inform the Buyer what the waiting times are for obtaining the chosen good, asking if he intends to confirm the order or not.
  6. Libatio Srl reserves the right not to accept incomplete and / or not duly completed purchase orders by notifying the e-mail address indicated by the Purchaser and / or with a web screen.

  Art.5 – Obligations of the Buyer

  1. The Buyer undertakes to read and accept these terms and conditions.
  2. The Buyer undertakes, once the online purchase procedure has been completed, to print and / or keep these terms and conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. This is in order to fully satisfy the condition set out in articles 52 and 53 of Legislative Decree 206/05 and subsequent amendments and additions.
  3. The Buyer is strictly forbidden to enter false and / or invented data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and related further communications. The personal data and the e-mail must also correspond exclusively to their personal data and not to those of third parties.
  4. The Buyer declares to be of age.

  Art.6 – Delivery times and methods

  1. Libatio Srl assumes the responsibility of delivering to the Buyer, in the place indicated by him and by courier, the products selected and ordered by the same.
  2. Deliveries are made promptly, approximately within 2 working days, starting from the date of transmission of the purchase order confirmation by Libatio Srl. No deliveries are made on Saturdays and public holidays.

  Art.7 – Transport damage

  1. In the event that the Purchaser finds any external damage to the packaging or the mismatch in the number of packages, he must immediately place a written control reserve on the Courier’s proof of delivery or refuse acceptance of the damaged package by writing the reason on the waybill that the Courier requests to sign upon receipt of delivery. The Purchaser who has accepted the package subject to control and has subsequently found damage to the product must report the damage within 8 days of delivery by sending a registered letter with return receipt to Libatio Srl, Via Borghetto, 3 MILAN (MI ). In addition to the reason for the complaint, the Purchaser must also specify the purchase order number and tax documentation.
  2. In the event that the Purchaser finds damage to the product due to transport not visible from the outside or the mismatch in the number of products received, he must report the damage, in the first case within 8 days of discovery and in the second within 8 days of delivery, by sending a registered letter with return receipt to Libatio Srl, Via Borghetto, 3 MILAN (MI). In addition to the reason for the complaint, the Purchaser must also specify the purchase order number and tax documentation.
  3. If the Buyer does not act in the ways and within the terms indicated in the previous points 1 and 2 of this article, he will lose the rights to replacement or refund.
  4. Following the complaint submitted by the Buyer, Libatio Srl will replace the damaged product. In the event that, for any reason, Libatio Srl is not able to replace the product, it may proceed with the refund of the entire amount paid or its replacement with a product of equal or greater value in agreement with the buyer.

  Art. 8 – Report of defects and legal guarantee

  1. Libatio Srl is obliged to deliver goods to the buyer that comply with the sales contract and is liable to the buyer for any lack of conformity existing at the time of delivery of the goods.
  2. The products are covered by the two-year legal guarantee for lack of conformity pursuant to articles 128, 129, 130, 131, 132, 134, 135 of Legislative Decree 206/2005 and subsequent amendments and additions.
  3. The guarantee is reserved for the consumer as defined by Legislative Decree 206/2005 and subsequent amendments and additions.
  4. The buyer loses the warranty if he does not report the lack of conformity to the seller within 2 months from the date on which he discovered the defect.
  5. The legal guarantee only covers the replacement of goods that do not comply with the sales contract, as the subject of the contract are food products. The warranty does not apply in the event that the reported defects derive from incorrect storage, handling or use or transport of the product by the consumer or in the event of non-compliance with the instructions provided by the food manufacturer on the product label. Likewise, the guarantee does not operate every time the defect is attributable to the guilty or willful conduct of the consumer or depends on other causes not referable to the production and transport of the product to the consumer’s home.
  6. In the event that the Buyer finds lack of conformity, he must report the damage, within 2 months from the date of discovery of the defect, by sending a registered letter with return receipt to Libatio Srl, Via Borghetto, 3 MILANO (MI). In addition to the reason for the complaint, the Purchaser must also specify the purchase order number and tax documentation.
  7. In case of lack of conformity, duly reported within the established terms, the buyer will have the right to have the product replaced within a reasonable time unless the remedy itself is objectively impossible or excessively onerous or, in a secondary way, will be entitled to a price reduction or upon termination of the contract. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies of the repair or replacement, does not give the right to terminate the contract.
  8. Libatio Srl reserves the right to verify the existence of the lack of conformity.
  9. Libatio Srl reserves the right to notify the buyer if it will collect the defective product from the buyer’s home.
  10. The operational times for carrying out the activities related to the activation of the guarantee are variable and are determined by the type of product and the nature of the defect.
  11. Libatio Srl will never, in any case, be burdened with charges deriving from any delays in the delivery of the replaced product or from the return of the price. In any case, except in exceptional cases, the replacement will be carried out within 60 days of delivery of the defective product to Libatio Srl. Otherwise, the Purchaser may carry out one of the alternative remedies provided by law (termination of the contract or reduction of the price paid held account of any use of the asset).

  Art.9 – Right of withdrawal

  1. Pursuant to the law, the Purchaser may exercise the right to withdraw from the contract without specifying the reason and without the payment of penalties within 14 days from the day on which the Purchaser or a third party, other than the carrier and designated by the Purchaser, acquires physical possession of the last good if the information obligations provided for in art. 52 of Legislative Decree. 206/2005 and subsequent amendments.
  2. In the event that the seller has not fulfilled the information obligations pursuant to art. 52, paragraph 2, lett. f) and g) and 53 of Legislative Decree 206/2005 and subsequent amendments and additions, the deadline for exercising the right of withdrawal ends 12 months after the end of the initial withdrawal period. This last term also applies in the event that Libatio Srl provides incomplete or incorrect information that does not allow the correct exercise of the right of withdrawal.
  3. The right of withdrawal must be exercised by the Buyer by sending a written communication by registered letter with acknowledgment of receipt, or by any other declaration, as long as explicit, to be sent to the address Libatio Srl, Via Borghetto, 3 MILANO (MI ), or by email at [email protected] If the latter method is chosen, a confirmation of receipt of said withdrawal will be immediately sent via email
  4. The communication must include the name, address, the purchase order number, the will to withdraw from the purchase and the product or products for which the right of withdrawal is to be exercised; the Purchaser must also attach a copy of an identity document, a copy of the purchase tax documentation, indicate both a telephone number on which he can be contacted, and the bank details of the current account to which he will receive the refund of the amount paid.
  5. To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
  6. Once the notice of withdrawal has been received, Libatio Srl will communicate to the Buyer the address to which to ship the products to be returned and the authorization to return the products themselves.
  7. The Buyer must send the product carefully packaged in its original packaging, complete with everything originally contained, to the address communicated. The shipment by the Buyer must take place by courier or delivery to the Seller or to a third party authorized by him within 14 days from the communication of withdrawal from the contract to Libatio Srl. Upon receipt of the products or until the buyer has demonstrated that he has returned the goods, if this situation occurs first, Libatio Srl will reimburse the Buyer the amount paid. For the purposes of expiry of the term, the goods are considered returned when they are delivered to the accepting post office or to the forwarder.
  8. In case of exercising the right of withdrawal within fourteen days pursuant to art. 64 paragraph 1 of Legislative Decree. 206/2005 and subsequent amendments and additions, the costs incurred by the Buyer for returning the products to Libatio Srl are charged to the Buyer.
  9. In case of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 of Legislative Decree 206/2005 and subsequent amendments and additions, the integrity of the goods to be returned is an essential condition.
  10. In case of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 of Legislative Decree 206/2005 and subsequent amendments and additions, Libatio Srl will refund the sums paid by the Buyer within 14 days from the day on which it is informed of the Buyer’s decision to withdraw from the contract using the same form of payment used by the Buyer for the initial transaction. , unless otherwise agreed expressly with the Buyer.
  11. The refund may be suspended until receipt of the goods or until the Buyer demonstrates that he has returned the goods, if earlier.

  Art. 10 – Prices

  1. All sales prices of the products displayed and indicated on the website constitute an offer to the public pursuant to art. 1336 cc
  2. The Buyer will pay Libatio Srl for the purchased products the price indicated in the online catalog at the time the Buyer placed the order. This price will be expressed in Euros and will include VAT.
  3. The shipping costs of the products, where provided for by the Buyer, will be applied according to the prices indicated in the specific section published on the website which the Buyer has read before carrying out the ‘order.
  4. Product prices can be updated and therefore change daily.
  5. There are no minimum amounts to place an order.

  Art.11 – Contribution to shipping costs

  1. The buyer will pay Libatio Srl, as a contribution to the shipping costs, the fixed amount of € 5 base (for orders containing only one product) with an increase of € 1 for each additional product.

  Art.12 – Promotions and gifts

  1. Any promotions offered by Libatio Srl and the offer of any free products are valid while stocks last and within the purchase limits indicated on the site and . Promotional products can be delivered in promotional packs, other than those published on the website
  2. Any discount codes received are not cumulative, they do not apply to transport costs and other promotions already in progress, unless otherwise stated on the same.
  3. No replacement or return is possible in relation to any products received free of charge by the Buyer.

  Art.13 – Liability

  1. Libatio Srl assumes no responsibility for disservices attributable to force majeure of any nature and kind, if it fails to execute the contract within the time agreed.
  2. Causes of force majeure, by way of example but not limited to, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events, as well as provisions of the Public Authority, the strike of its employees or of the carriers of which Libatio Srl makes use, as well as any other circumstance that is beyond the control of the latter.
  3. Without prejudice to the provisions of art. 8 of EU Directive 97/7 and art. 56 D. Lgs. 206/2005 and subsequent amendments and additions, Libatio Srl assumes no responsibility for any fraudulent use by third parties of the credit card data provided by the Buyer.
  4. Libatio Srl cannot be held responsible, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside its own control or that of its sub-suppliers.
  5. Libatio Srl will also not be liable for damages, losses and costs suffered by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to the full refund of the price paid and any additional charges incurred. .

  Art.14 – Methods of payment and invoicing

  1. The Buyer will pay for the ordered products in the following ways: credit card (including prepaid) and / or Paypal.
  2. The credit cards accepted by Libatio Srl are: MasterCard, Maestro, Visa, Visa Electron, American Express, Aura, Discover.
  3. Once the payment method has been chosen, the buyer will be directed to the relevant site to make the transaction and complete the payment.
  4. The payment will include the costs for the shipping contribution, where applicable, to be paid by the Buyer, according to the terms of the offer published on the website
  5. Libatio Srl will send the invoice by e-mail to the address indicated in the order by the Buyer.
  6. For the issuance of the tax document, the information provided by the Buyer at the time of the order will prevail. No changes will be possible after the tax document has been issued. To this end, the Buyer undertakes to carefully check the data entered at the time of the order, as these will be used for accounting records.

  Art.15 – Termination of the Agreement and Express Termination Clause

  1. The obligations assumed by the Purchaser in art. 2 above (Obligations of the Buyer), as well as the guarantee of the successful completion of the payment that the Buyer must make, are essential, so that, by express agreement, the non-fulfillment by the Buyer of only one of these obligations will determine the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to the right of Libatio Srl to take legal action for compensation for further damage.

  Art.16 – Security

  1. Online transactions by credit card and / or Paypal are carried out on the respective sites, through secure servers that adopt the SSL (Secure Socket Layer) protection system. This protocol allows you to communicate in a manner designed to avoid the interception, modification or falsification of information.
  2. Libatio Srl is never aware of the data of the credit cards or the Paypal account or the customer’s MyBank account.

  Art.17 – Changes

  1. Libatio Srl reserves the right to change these terms and conditions at any time by publishing the updated  version on the website and .
  2. Any new clauses will be effective for purchases made after the date of the change.

  Art.18 – Applicable law

  1. This contract is regulated by the Italian law. These terms and conditions are reported, although not expressly provided therein, to Legislative Decree 206/05 and subsequent amendments and additions.

  Art.19 – Jurisdiction

  1. Any dispute relating to the application, execution, interpretation of this contract stipulated online through the website  is subject to Italian jurisdiction.
  2. For disputes arising between the Parties in relation to this contract, the judge of the place of residence or domicile of the Purchaser is competent if located in the territory of the Italian State.
  3. If the Purchaser’s residence or domicile are not located in the territory of the Italian State, the Court of the place where the delivery of the goods took place is competent.

  Art. 20 – Protection of confidentiality and processing of the Buyer’s data

  1. Libatio Srl protects the privacy of its customers and guarantees that data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree no. 30 June 2003, n. 1961.
  2. Personal and fiscal data acquired directly and / or through third parties by Libatio Srl, the data controller, are collected and processed in paper, computerized, telematic form, in relation to the methods of treatment with the aim of registering the order and activating the with you the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best perform the requested service (art. 24, paragraph 1, letter b, Legislative Decree 196/2003) 2.
  3. Libatio Srl undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exhibited only at the request of the judicial authority or other authorities authorized by law.
  4. Personal data will be communicated, after signing a data confidentiality commitment, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
  5. The Buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, namely the right to obtain:
  6. a) updating, rectification or, when interested, integration of data;
  7. b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those which need not be kept for the purposes for which the data were collected or subsequently processed;
  8. c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
  9. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer’s request cannot be processed.
  10. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
  11. For more information on the privacy & cookie policy adopted by Libatio Srl, you can consult the appropriate section of the website .

  Art. 21 – Method of filing the contract

  1. Pursuant to art. 12 of Legislative Decree 70/2003, Libatio Srl informs the Buyer that every order sent is stored in digital form at the Libatio Srl headquarters according to confidentiality and security criteria.
WordPress Video Lightbox
  • No products in the cart.
%d blogger hanno fatto clic su Mi Piace per questo: