STANDARD TERMS FOR THE PROVISION OF SERVICES BY Best Italian Selection S.r.l.
The following terms and conditions govern the supply to Customers of the services described in the notice available on the website www.bestitalianselection.it and provided by the company Best Italian Selection S.r.l. (hereinafter “BIS“), with registered office in Via Rieti, 19 – Zip Code 84091 Battipaglia (SA) Italy.
Art. 1 – Premises
The premises and attachments are integral and substantial part of this Contract.
The general conditions of the Contract govern the sale and purchase relationship, offered by BIS, through the provision and use of the website: www.bestitalianselection.it
Art. 2 – Definitions
All technical and IT terms and concepts used in this Contract are understood to be known to the parties. For information, some terms are specified:
- Account: the account consists of a user id and a password which is used to uniquely identify the Customer of the Service;
- Customer: The natural or legal person who will use the Service provided by BIS;
- Authentication credentials: the components (UserID and password) that allow the authentication of the registered User;
- Personal Data: this must be understood as any information concerning an identified or identifiable natural person and which is being processed by BIS for the purpose of implementing the Service;
- Supplier: BIS;
- Link: a link to another document or another website;
- Password: the word formed by alphanumeric characters which, together with the UserID, makes up the “authentication credentials”;
- Shop: the place where the products are offered;
- Service: The services provided by BIS as defined in this Contract;
- UserID: identification of the Customer of the Service.
Art. 3 – Object of the Contract
3.1 These general conditions of purchase (hereinafter, “General Conditions”) have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the Internet, from the website www.bestitalianselection.it (hereinafter , the “Platform” or the “Website”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”).
3.2 In using the Platform, the Customer undertakes to abide by the instructions for use indicated and defined by BIS on the basis of the requirements in any way deriving from laws, regulations, provisions of the Authority or self-regulatory codes in force or in the process of being implemented.
3.3 The Customer is aware and agrees that BIS will store and process the business data collected as part of the use of the Platform to improve and enhance the Platform and/or to develop it according to the preferences of its Customers/Users.
3.4 The subject who accesses the Website to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Website and which will be available at any moment by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored.
3.5 The Customer acknowledges that the Supplier may modify the general rules of use of the Service at any time and in its sole and exclusive discretion, by notifying the Customer by email or within the log in area for customers of the site www.bestitalianselection.it or simply when sending the Order on the Platform.
3.6 Therefore, the parties agree that the new contractual conditions, referred to in paragraph 3.5, will regulate the supply of any Services purchased after the notification and publication on the website www.bestitalianselection.it of the new contractual conditions or simply when the Order is sent on.
3.7 In the event that the Customer requests an invoice and/or is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations pursuant to art. 7 nor, more generally, the provisions that pursuant to the same Consumer Code apply only to “consumers” will not apply.
Art. 4 – Procedure for the conclusion of the Contract
- The characteristics and the price of the various products for sale on the Website (hereinafter “Product” or “Products”) are shown on the page of the Platform relating to each Product.
- To purchase the Products, the Customer (whether he registers or proceeds with the purchase without registering) must fill in and send the order form in electronic format, following the instructions contained on the Website. The Customer must add the Product to the “Cart”, enter the shipping and billing data, select the desired payment method and, after having read the General Conditions and the Notice on the processing of personal data (“notice”) and confirmed acceptance of the General Conditions and reading the notice, confirm the order.
- By sending the order from the Website, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General and Payment Conditions.
- The contract stipulated between BIS and the Customer must be considered concluded with the acceptance of the order by BIS. This acceptance is communicated to the Customer through an email confirming the order itself containing a reference to these General Conditions and to the Notice, the order number, the shipping and billing data, the list of Products ordered with their essential features and the total price, including delivery costs.
- The Customer will check the confirmation email and if he identifies errors in the order he will have 2 hours from receiving this email (“order confirmation email”) to contact BIS by sending an email to firstname.lastname@example.org. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in Article 7 below.
- At the time of the order, authorization will be requested for the amount of the order itself and the corresponding amount will be charged.
- In the event that the Customer proceeds to register in the Log in Area of the Platform, he will proceed by entering the following information:
- Name and Surname (if an individual) or Registered name/Company name and legal form (in the case of companies, organizations or associations);
- Shipping address;
- Data necessary for the invoicing of the products (in the event of an invoice request, in accordance with the provisions of Article 5);
- Contact information, consisting of a valid telephone number and an email address.
- The Customer agrees that – if he provides false, inaccurate, not current or incomplete information or if the Supplier believes, based on its own discretionary assessment, that the information provided is false, inaccurate, not current or incomplete – the Supplier will have the right to make the effectiveness of the Contract subject to the verification of said data, notifying the Customer by email or within the log in area for customers of the website.
- Following the conclusion of the Contract, the Customer agrees that – should BIS become aware that the information provided is false, inaccurate, not current or incomplete – BIS will also have the right to exercise the right to withdraw the Contract.
- The Customer declares to have reached the age of majority and to have the basic technical knowledge to use the Service
Art. 5 – Order billing
5.1 If the purchase is made by a legal person/professional, they may request the issuance of the invoice by selecting the appropriate box during the order process and entering the billing information including tax code and/or VAT number.
5.2 In this case, the invoice will be sent by email to the address indicated in the billing information. The legal person/professional is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
Art. 6 – Transport and delivery
6.1 The Products purchased on the Website can be collected at the Collection point (i.e. the BIS headquarters) or home delivered to the address indicated by the Customer in the appropriate “Shipping Data” field during the purchase procedure.
6.2 All home deliveries will be made through a shipping service organized by BIS through suppliers operating in full autonomy, therefore BIS is not responsible for unforeseeable delays or those not attributable to it.
6.3 Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment.
Art. 7 – Withdrawal right
7.1 The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for below.
7.2 To exercise this right, the Customer must send BIS a communication within 14 days from the date of receipt of the Products by sending an email to email@example.com or, if he intends to exercise the withdrawal before having received the Products, the communication of withdrawal may be sent at any time prior to their receipt.
This communication must be sent by registered letter with return receipt, addressed to: Best Italian Selection s.r.l., Via Rieti, 19 – Zip Code 84091 Battipaglia (SA) Italy.
7.3 Once the communication has been received, BIS will start the procedure for the management of the return and communicate to the Customer the instructions on how to return the Products, which will be done by courier indicated by BIS itself.
7.4 The right of withdrawal is governed by the following conditions:
- The right applies to the Product purchased in its entirety; therefore, if the Product is composed of several parts or components, it is not possible to exercise the withdrawal only on a part of the purchased Product.
- In case of exercise of the right of withdrawal, BIS will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right to BIS to suspend the payment of the refund until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method.
- In order to guarantee the free return, the Products must be returned in the box in which they were received and intact.
- In addition to the case in which the Customer is not considered a “consumer” and/or has requested the invoice, the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
- order of products custom-made or personalized;
- order of Products which are subject to the risk of deterioration or rapid expiration;
- order of Products sealed and/or which, in any case, are not suitable for being returned for reasons of hygiene or health protection or which have been opened after delivery.
7.5 In particular, the Customer is informed and accepts that the Products that “risk deteriorating or expire rapidly” 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 inappropriate storage.
7.6 Therefore, for reasons of hygiene and customer protection, the right of withdrawal is only applicable for Products purchased on the Website which can be returned to BIS and put back on the market without endangering the health of consumers (such as kitchen utensils, books , etc).
7.7 In cases where the right of withdrawal is excluded, BIS will return the purchased Products to the Customer, charging the shipping costs to the Customer.
Art. 8 Cancellation, postponement or modification of the order shipping address
The Customer may cancel, postpone or request the change of the shipping address of the order within 2 hours of receiving the order confirmation email (referred to in Article 4.4) both for the home delivery method and for the collection at the Collection Point, after this deadline the order will be processed and it will no longer be possible to request cancellation, postponement or change of shipping address.
The Customer can contact BIS by sending an email to firstname.lastname@example.org.
BIS reserves the right to cancel the order in the event of unforeseeable difficult situations, informing the Customer by email or, upon agreement with the same, changing the day and/or time of delivery.
Art. 9 – Warranty and lack of conformity
9.1 In the event of lack of conformity of products sold by BIS, the Customer must contact BIS by sending an email to email@example.com.
9.2 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 choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an appropriate reduction in the price or termination of the contract.
9.3 In case of spoiled wine or wine that tastes corked, the Customer is asked to keep the bottle with at least 2/3 of the contents and with its original cork and to report the alleged non-compliance to Customer Service. BIS will intervene as soon as possible by arranging a free collection in order to carry out an in-depth verification and propose the suitable solution.
9.4 The Customer loses these rights if he does not report the lack of conformity to BIS within two months from the date on which he discovered the problem, provided that it is not a Product which by its nature is perishable or subject to expiration within a shorter period, in which case the problem must be reported within this shortened term.
Art 10 – Errors and limitations of liability
10.1 The information relating to the Products provided through the Website is constantly updated. However, it is not possible to guarantee the complete absence of errors for which BIS cannot therefore be held responsible, except in the case of fraud or gross negligence.
10.2 BIS reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the Customer’s rights pursuant to General Conditions and Consumer Code.
10.3 Except for fraud or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance or execution, even partial, of an order.
10.4 By purchasing any alcoholic product, the Customer declares to be of age. BIS assumes no responsibility in the event of a purchase made by a child under 18 who has declared that they are of a different age.
Art. 11 – Complaints
11.1 Any complaint must be forwarded to BIS by sending an email to firstname.lastname@example.org, or by registered letter with return receipt to the following address: Best Italian Selection S.r.l. Via Rieti, 19 – Zip Code 84091 Battipaglia (SA) Italy.
11.2 BIS undertakes to respond to all requests received within a maximum of 2 working days.
Art. 12 – Processing of personal data
12.1 BIS will process the Customer’s personal data in accordance with the current regulatory framework consisting of EU Regulation 2016/679, Legislative Decree 196/2003 and the Provisions of the Data Protection Authority.
12.2 When registering and/or sending an order, you will be provided with specific information and consent collected, if necessary.
Art. 13 – Online resolution of consumer disputes
If the Customer is a European consumer, he must be informed that the European Commission has made available to all residents in Europe a tool dedicated to alternative dispute resolution. To access this platform click here.
Art. 14 – Applicable law and competent court
The sales contract between the customer and BIS is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his municipality of residence or of domicile if located in the Italian territory will be exclusively competent; in all other cases, the territorial jurisdiction is exclusively that of the Court of Rome, any other competent court excluded.
Pursuant to and for the purposes of art. 1341 and 1342 of the Italian Civil Code, the Customer, after having taken careful and specific knowledge and vision, approves and expressly accepts the following clauses: 6, 7, 8, 9, 10.