GENERAL CONDITIONS OF SALE

The following General Conditions of Sale regulate the offer and sale of products on this website www.rhumandwhisky.com.

Rhum & Whisky S.a.S. di Marco Montorsi

P.I./C.F.: 03931370369

No.RAE: MO - 429348

Via Pietro Giardini 450/B

41124 Modena (Mo)

Italy

Access and use of this Website, as well as the purchase of products, require reading, knowledge and acceptance of the following General Conditions of Sale.

1) SCOPE OF APPLICATION

These General Conditions of Sale govern the sale of products and services through the Site and form an integral part of any Sales Contract that is concluded via the website between:

The seller:

– Rhum & Whisky Sas di Marco Montorsi

The client:

- any person who purchases products on the website www.rhumandwhisky.com.

The applicable Conditions are those in force at the time of placing the order. Any changes and / or new conditions will be effective from the moment of their publication on the Site.

Rhum & Whisky SaS di Marco Montorsi reserves the right to modify these General Conditions of Sale at any time, without notice.

These Conditions do not regulate the sale of products or the provision of services by parties other than the Seller, which are present or recalled on the Site through links, banners or other links. Rhum & Whisky SaS di Marco Montorsi is not responsible for the supply of services and / or for the sale of products by such subjects.

2) PURCHASES ON THE SITE

For Italian citizens, sales on the Site are reserved only for those who have reached the age of 18. The customer who is not an Italian citizen can purchase products on the site www.rhumandwhisky.com only if of age with respect to their national law. If there is no legislation in this regard, you must be at least 21 years of age.

The purchase of Products on the Site is allowed only to registered users. The customer guarantees that the personal information provided during the registration procedure on the site is complete and truthful. Rhum & Whisky reserves the right to suspend or cancel the customer's account at any time and without notice if it believes that:

- The customer has violated the contract;

- access or use of the service could cause damage to Rhum & Whisky, to other Users or to third parties;

- the use of the website www.rhumandwhisky.com by the customer may result in a violation of applicable law or regulations;

- There are ongoing investigations conducted as a result of legal actions or for the involvement of the public authority.

With regard to purchases on the site, it could happen that the purchase process contains one or more clerical errors:

- the Product Sheet contains errors;

- a Product is indicated as available and instead is not when preparing the order.

In these cases, or in similar cases, the customer can request the cancellation of the order or obtain, in agreement with Rhum & Whisky, a different product, subject to any adjustment relating to the purchase cost.

To cancel your customer profile, please send an email to info@rhumandwhisky.com

 

3) INFORMATION FOR THE CONCLUSION OF THE CONTRACT

Each order sent constitutes an offer for the purchase of products. Orders are subject to the availability and discretionary acceptance of Rhum & Whisky.

The customer must select the products and complete the check-out, after carefully checking the information contained in the order summary. The order is made by confirming the order and is subject to payment of the price, taxes and shipping and payment costs indicated in the order summary form.

The receipt of order processing does not constitute acceptance of the order. The conclusion of the contract takes place when Rhum & Whisky sends the order confirmation to the email address provided by the customer. Rhum & Whisky reserves the right not to confirm an order, communicating to the customer within 5 working days of placing of the order, to the email address associated with your purchase, the possible unavailability of one or more of the products purchased. In this case, Rhum & Whisky will refund the price and shipping costs incurred by the customer.

 

4) VALIDITY OF OFFERS AND PRICES

All Product prices are expressed in Euros and are inclusive of Value Added Tax or VAT. Any additional cost will be expressly and separately indicated in the order form, before the customer proceeds to transmit it.

The price of the Products can be changed by Rhum & Whisky at any time, without notice, it being understood that the price charged to the customer will be the one published on the information sheet that illustrates the main characteristics of the Product at the time of placing the order. Any price changes subsequent to the transmission of the order will not be taken into account.

 

5) PURCHASE ORDERS

Rhum & Whisky will process the purchase order, and therefore will ship the purchased Product only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, the delivery costs, if applied, and any other additional cost, as indicated in the order form. In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered terminated by law.

The Products will remain the property of Rhum & Whisky until upon payment by the customer of the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to Rhum & Whisky, on the other hand, will be transferred to the customer when the customer, or a third party designated by the same and different from the carrier, materially comes into possession of the Products.

Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as closely as possible. Furthermore, the images of the Product present in the Product Sheet may differ by year and / or size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the customer will prevail.

 

6) AVAILABILITY OF PRODUCTS

The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available following the transmission of the purchase order.

In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the customer by law, the customer will be promptly informed by e-mail or by telephone. The customer will therefore be entitled to terminate the contract. In the event that the customer makes use of the right of termination, or in any case in which the payment of the Total Amount Due has already been made, Rhum & Whisky will refund this amount without undue delay and, in any case, within maximum term of 15 working days from the date of collection. This amount will normally be credited to the same means of payment used by the customer for the purchase or the other means agreed between the customer and Rhum & Whisky. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.

In the case of orders relating to a plurality of Products (Multiple Order), if the unavailability concerns only some Products subject to the Multiple Order, without prejudice to the rights attributed to the customer by law, Rhum & Whisky will immediately notify the customer via e- mail or phone. The customer will therefore be entitled to terminate the contract, limited to the Product (s) that have become unavailable, pursuant to and for the purposes of the provisions of the Consumer Code. In the event that the customer makes use of the right of termination  in relation to the Product (s) that have become non-existent available or in any case in which the payment of the Total Amount Due has already been made, Rhum & Whisky will refund the amount due in relation to such Product / s, including delivery costs and any other costs additional charge due in relation to these Products (Partial Amount Due) without undue delay and, in any case, within a maximum period of 15 working days from the sending of the order. The refund amount will be communicated to the customer by e-mail or telephone. This amount will be credited to the same payment method used by the customer for the purchase or by any means agreed between the parties. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products covered by the Multiple Order which have become unavailable compared to the other Products covered by the Multiple Order available.

 

 

7) DELIVERY OF PURCHASED PRODUCTS

The amount of delivery costs payable by the customer in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the customer proceeds to the transmission of the same.

The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the customer.

It is up to the customer to check the conditions of the Product that has been delivered to him / that he has withdrawn. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Rhum & Whisky, is transferred to the customer when the customer, or a third party designated by the same and different from the carrier, materially comes into possession of the Product, it is recommended to the customer. to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and we invite you, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with RESERVE (eg damaged or open package, wet package). The unreserved receipt of the Products, in fact, does not allow the customer to take legal action against the courier and / or Rhum & Whisky, in the event of loss or damage to the Products, except in the event that the loss or damage is due willful misconduct or gross negligence of the courier himself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows evident signs of tampering or alteration, the customer is also recommended to promptly notify the Rhum & Whisky Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.

 

8) METHOD OF PAYMENT

The payment of the Products can be made through the PayPal payment platform (it is not necessary to have a Paypal user), which allows transactions either through a Paypal account or through the most used credit or debit cards. The data entered on the PayPal platform will be processed directly by the same and will not be transmitted or shared with Rhum & Whisky. The latter is therefore unable to know and does not store in any way the data of the customer's credit card or any other payment instrument.

 

9) RIGHT OF WITHDRAWAL

The customer who acts as a consumer has the right to withdraw from the contract concluded with Rhum & Whisky without incurring costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period) . The Withdrawal Period expires after 14 days:

–         in the case of an order relating to a single Product, from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the Product;

–          in the case of a Multiple Order with separate deliveries, from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the last Product;

–         in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the last lot or piece.

To exercise the right of withdrawal, the customer must inform Rhum & Whiskey of his decision to withdraw, before the expiry of the Withdrawal Period.

To exercise the right of withdrawal, the customer must send an email to info@rhumandwhisky.com with an explicit declaration of his decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is borne by the customer, it is in the customer's interest to keep a copy of the email sent to Rhum & Whiskey with the Declaration of Withdrawal.

For the return of the Product, the customer can use a carrier of his choice with return costs charged to the customer: in this case, after having exercised the right of withdrawal in the manner indicated in this article, he must return the Product to Rhum & Whiskey, using a carrier of its choice and at its own expense, without undue delay and in any case within 20 calendar days from the date on which it communicated its decision to withdraw to Rhum & Whiskey. The deadline is met if the customer returns the Product before the expiry of the fourteen-day period. The Product, properly protected and packaged, must be sent to the following address:

    Rhum & Whisky S.a.S. di Marco Montorsi

    Via Pietro Giardini 450/B, 41124 Modena (MO)

    Phone No. +39 059 350349

The direct costs of returning the Product to Rhum & Whiskey are charged to the customer. The return of the Product to Rhum & Whiskey takes place under the responsibility of the customer.

 

If the customer has used a discount code for the purchase of the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the customer, and not also with regard to the value of the discount code.

 

If the customer withdraws from the contract, Rhum & Whisky will reimburse the Total Amount Due paid by the customer for the Product, without undue delay and in any case no later than 14 calendar days from the day on which Rhum & Whisky received the Products. of withdrawal in the same conditions in which they were sold. The refund will be made using the same payment method used by the user for the initial transaction or the other means agreed between the parties; in any case, the user will not have to incur any additional costs as a result of this reimbursement.

In the case of partial withdrawal, the amount of delivery costs to be returned to the user following the withdrawal will be calculated in proportion to the value of the goods subject to withdrawal.

The user is solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than those necessary to recognize the Product with certainty. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the Product and intact and not tampered with, as well as free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories (which do not constitute autonomous Products) of the Product.

In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. Rhum & Whisky will notify the user, rejecting the request for withdrawal. The Product, if already received by Rhum & Whisky, will remain at Rhum & Whisky available to the user for collection which must take place at the expense and under the responsibility of the user.

In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to clearly identify the same, the refund amount will be reduced by an amount equal to this decrease. worth. Rhum & Whisky will notify the user of the circumstance and the consequent decreased amount of reimbursement, providing the same, in the event that the reimbursement has already been paid, the bank details for the payment of the amount due by the user due to the decrease. of value of the Product.

In the event that, in one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be specifically and expressly communicated in the Product Sheet and, in any case, during the purchase process, before the user proceeds. to the transmission of the order. In any case, the user is reminded that the right of withdrawal is excluded, among other things, in the event that the sale relates to:

–          customized or clearly personalized products;

–          sealed products that cannot be returned for hygienic reasons or health protection, opened after delivery.

 

10) WARRANTY

The guarantee consists in the replacement, at the seller's expense, of defective, incorrect or damaged products; or, where the replacement of the products is impossible or excessively burdensome for the Seller, the guarantee will consist of an appropriate price reduction; or, again, in the termination of the contract, where the degree of non-conformity of the product is such that a mere reduction in price is not acceptable.

The guarantee is subject, under penalty of forfeiture, to the complaint of the defect or lack of quality, within 2 months from the moment in which the customer received the purchased products.

In the case of defective, incorrect or damaged products, the customer will promptly contact Rhum & Whisky, and in any case no later than the expiry date, by e-mail to info@rhumandwhisky.it, indicating the problem that arose.

To the aforementioned written communication it will be necessary to attach photographic material certifying the originality of the packaging, as well as relating to the products received.

In the case of defective products, in addition to the communication referred to in the second paragraph of this article, the customer is required to keep and return the purchased bottles to the seller with at least 3/4 (three quarters) of the contents with their original well-sealed caps. . Upon receipt of the goods and ascertained the anomaly, the Seller will replace or refund the returned product.

However, the warranty loses all effectiveness when changes have been made to the products by the customer.

 

11) APPLICABLE LAW E JURISDICTION

These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Data Controller has its registered office.

The exclusive forum of the consumer is an exception, if the law provides for it.