Condizioni di vendita

CONDITIONS OF SALE ALMAR DRINK & FOOD LTD.

UPDATE 23/11/2020

These Terms and Conditions of Sale govern the offer and sale of products through the website almar.it (hereinafter the "Site") owned by Almar Drink & Food srl and are formulated and provided in compliance with the provisions of Legislative Decree September 6, 2005 n.2016 (so-called "Consumer Code") and any other rule of law applicable to electronic commerce.

It is your right to request additional information through our support services by contacting Customer Service. In addition, for any other information of a legal nature in reference to the use of the site and purchases made through the site you may consult the sections: Terms of Use, Privacy Policy, Cookies, Shipping and Delivery, Payments, Right of Withdrawal, Legal Warranty of Conformity, which we encourage you to review periodically as well as these Terms of Sale to check for any updates or changes.

1.           PARTIES TO THE CONTRACT - COMMERCIAL POLICY

The parties to the contract are:

- Almar Drink & Food srl with registered office in Via Marconi. 6 20042 Pessano con Bornago (MI) Italy – vat nr 07312830966;

- The "Customer": the User acting for purposes inherent to the business activity or the Final Consumer "Consumer", i.e. any natural person who makes purchases through the Site for purposes other than his or her own commercial, entrepreneurial or professional activity, if any;

These Terms of Sale do not regulate the provision of services or sale of products by parties other than Almar that may be present on the Site through links, banners or other hypertext links. We advise you, before placing orders and purchasing products and services from parties other than Almar, to check their terms and conditions of sale, because Almar is not responsible for the provision of services by such parties or the conclusion of electronic commerce transactions between users of the Site and third parties.

2.           APPLICATION AND MODIFICATION OF THE CONDITIONS OF SALE

Before making purchases through the Site, the Customer declares that he/she has read and understood these Terms of Sale as well as all the instructions provided during the purchase process and the contents of the following sections: Terms of Use, Privacy Policy and accept them in full without reservation.

Almar reserves the right to vary the contents of these Terms of Sale and the other documents listed above, giving evidence of it within the Site. We therefore invite you to periodically consult the Site to check for any updates or changes. Any changes will be effective upon posting on the Site.

The Terms of Sale applicable to a purchase will always be those in effect at the time the relevant order is placed.

3.           CHARACTERISTICS AND PRICES OF PRODUCTS

Almar offers for sale on the Site exclusively products marked by trademarks of its own ownership and/or licensed to it or otherwise under the authorization of their respective owners. Almar does not sell on the Site products that are used, irregular, or of lower quality than the corresponding standards offered on the market.

The essential characteristics of the products are presented on the Site within each product sheet. However, the images and colors of the products offered for sale on the Site may change and/or not exactly match the real ones due to the effect of the Internet browser and monitor used.

Products are offered for sale at the price indicated on the Site at the time the relevant Purchase Order is placed (see below). Product prices may be subject to change and variation. We encourage you to check the final sale price before submitting the relevant order form thus confirming your purchase.

The prices indicated on the Site are to be understood as inclusive of VAT and, except where expressly indicated, do not include any additional costs for shipping, delivery and collection which, where applicable, are in any case made known to the Customer through appropriate indications on the Site and specifically referred to during the purchase procedure.

Important: any professional machinery sold on the Site is excluded from sale to private consumers. Such machinery as professional enjoy conditions of sale reserved for professionals and therefore will have a legal warranty of only one year.

 

4.           MODALITIES FOR THE CONCLUSION OF THE CONTRACT

To purchase one or more products on the Site, the Customer must complete and transmit electronically to Almar the respective order form (hereinafter "Purchase Order") following the instructions progressively provided during the purchase procedure. All steps of the purchase procedure are clearly described by means of the pages of the Site and the relevant texts and graphics.

In the Purchase Order, displayed in its entirety immediately prior to the conclusion of the contract and in any case prior to the making of any payment, summary information is provided about the essential characteristics of each product ordered, the price (including all applicable taxes or duties) and any applicable shipping costs and/or charges.

By transmitting your Purchase Order electronically, you unconditionally accept and agree to abide by these Terms of Sale in your dealings with Almar pertaining to your purchase. Therefore, if you do not agree with any of the terms set forth in the Terms of Sale, please do not submit your Purchase Order.

Following the receipt of the Purchase Order Almar will verify the availability of the ordered product at the outcome of this verification will send to the Customer by e-mail a confirmation of receipt containing these Conditions of Sale, including the provisions those relating to the right of withdrawal, and therefore all the information already contained in the summary of commercial and contractual conditions displayed before proceeding to send the Purchase Order.

The contract of sale is considered concluded and finalized when Almar sends to the Customer electronically the confirmation of receipt of the Purchase Order filled in and transmitted by the Customer, after checking the correctness of the data provided and transmitted.

The Purchase Order will be stored in our database for the period of time necessary for processing and in any case no longer than the legal terms.

Almar reserves the right not to process Purchase Orders that are incomplete or incorrect or inconsistent with the commercial policy referred to in paragraph 1 of these Conditions of Sale, as well as in the event of unexpected unavailability of the products ordered. In these cases we will inform you that the contract has not been concluded and that Almar has not carried out the Purchase Order specifying the reasons for this.

In particular, if the products presented on the Site are no longer available or on sale at the time you access the Site, or at the time you submit your order form, Almar will promptly notify you of any unavailability of the Products. In such cases, the contract will not be completed and, if already concluded for any reason, will be deemed automatically terminated and no amount will be charged to you.

Any contractual or extra-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance of an order for the above reasons is expressly excluded.

5.           SHIPPING AND DELIVERY

The products purchased through the Site will be delivered by Almar by courier to the address indicated in the Purchase Order within 3 (three) working days from the moment of the conclusion of the contract.

If the products purchased through the Site are limited editions, or the relevant contract is concluded as part of promotional initiatives, during prize events or temporary initiatives of any nature, Almar does not guarantee delivery within the terms indicated above.    

In these cases, the delivery period may vary depending on the availability of the product or the characteristics of the promotion. Such variations will be appropriately communicated by Almar on the Site and/or by e-mail or other means of communication.

In the event that the courier is unable to make the delivery for any reason will leave a notice of passage stating the useful numbers to set a new delivery date. The courier delivers Monday through Friday from 9:00 a.m. to 6:00 p.m.

For orders of less than Euro 150.00, delivery charges are Euro 7.50 while for orders of Euro 150.00 or more, delivery is free.

6.           PAYMENTS

Payment for orders may be made:

(i) by credit card belonging to the Visa / MasterCard circuit;

(ii) cash on delivery, paying in cash directly into the hands of the courier appointed by Almar upon delivery of the goods;

(iii) through the Paypal platform, selecting it during the purchase process, you will be redirected to Paypal secure servers where by logging in with your credentials you will be able to complete the payment by charging your credit card, bank account or electronic purse;

(iv) through the Satispay platform by selecting it during the purchase process

(v) by bank transfer in advance to the bank details indicated in the order confirmation. In this case, the goods will be shipped upon receipt in Almar's bank account of the amounts indicated on the order confirmation.

The price for the purchase of the products and any shipping costs will be charged when Almar sends the order confirmation e-mail

Financial information (e.g., credit/debit card number or date of its expiration) will be forwarded, via encrypted protocol, to the banks that provide the relevant remote electronic payment services, without third parties being able, in any way, to access it. This information, moreover, will never be used by Almar except to complete the procedures relating to your purchase and to issue the relevant refunds in the event of any returns of products, following the exercise of your right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud through the Site.

Before completing your order you will be entitled to request the issuance of a tax invoice by entering your VAT number and tax code. Please note that you will not be able to request the issuance of an invoice once you have completed the procedure and submitted the relevant Purchase Order.

 

 

7.           RIGHT OF WITHDRAWAL

Pursuant to and within the limits of Article 64 of the Consumer Code, the consumer has the right, within 14 calendar days of receipt of the products purchased, to exercise the right of withdrawal.

It should be noted that this right is reserved only for natural persons, that is, private consumers acting for purposes unrelated to their profession. There is no right of withdrawal for legal and natural persons acting, with reference to the purchase contract, in the professional sphere.

The Consumer has the right to withdraw from the contract by means of a notice suitable for the identification of the Consumer and the contract, to be sent by registered letter with return receipt to the following address:

Almar Customer Service, Almar Drink & Food srl via Marconi, 8 - 20060 Milan - Italy

Alternatively, the communication may be sent, within the same term, by e-mail (commerciale@almar.it).

The withdrawal is effective only if exercised no later than 14 days from the date of delivery of the products. Almar as soon as the notice of withdrawal is received will without delay contact the Consumer by telephone in order to communicate the address of the place where the products are to be returned; the Consumer will then take care of the return of the products to Almar in accordance with such indications within and no later than the next 14 days. Almar, once verified the perfect integrity of the goods, in the time and manner agreed with the Consumer, will return in full the amount paid by the Consumer.

Transportation costs and responsibility for the goods during shipment, as required by law, are the responsibility of the consumer.

It is therefore recommended to insure the product at the chosen courier, taking care to carefully pack the goods, where possible by inserting the original packaging in an outer box and, in any case, avoiding damaging the product with adhesive tapes, labels, etc. The product must be returned intact and complete with all its parts and accessories, including any warranties, instructions, user licenses, cables, etc. In the event of shipping damage occurring during the return, the Seller will notify the consumer within five business days of receipt of the product, allowing the consumer to file a claim with the carrier used for transportation. The damaged goods will be made available for return and the request for withdrawal will be cancelled at the same time.

An essential condition for the exercise of the right of withdrawal is the substantial integrity of the products to be returned. The right of withdrawal is totally forfeited if the returned product is not intact, due to the absence, for example, of integral elements of the product (accessories, cables, instruction manuals, etc.) or because the product has been damaged for reasons other than transportation from the Seller to the consumer, not previously reported.

Without limiting the right of withdrawal, upon delivery of the product, the consumer, who has reason to believe that the product itself has been damaged during transport, must refuse the delivery or accept it with express reservation.

For further information about the exercise of the right of withdrawal can be contacted Almar Customer Service at nr +3902254.7777 - e-mail: (commerciale@almar.it).

8.           LEGAL WARRANTY OF CONFORMITY

In accordance with the provisions of Title III, Part IV of Legislative Decree 206/2005 (so-called Consumer Code), Almar warrants that the products purchased on the Site will be free from defects for a period of two years from the date of delivery, without prejudice to all rights and remedies due to the consumer under the Consumer Code rules, including the right to restore free of charge by repair or replacement and, alternatively, the other remedies provided for in Article 130 of the Consumer Code. "Defect" means a significant limitation or reduction in the fitness for use of the product in accordance with Article 129 of the Consumer Code. All defects resulting from negligent or improper use of the product are not covered by this warranty. The defective product, if still covered by the warranty, must be received by the service center together with a copy of the appropriate documents certifying its purchase and date of delivery. Professional machines, being reserved for professional users and therefore for Users acting for business purposes or activities, the legal one-year warranty reserved for transactions between companies or traders is applied. Please contact Customer Service for any information in this regard.

9.           PRIVACY

You will be able to obtain information about how we process your personal data by accessing our Privacy Policy, which we encourage you to review periodically as these Terms of Sale to check for any updates or changes.

For other terms and conditions relating to your use of the Site please also read, if you have not already done so, our Terms of Use and Cookie Policy, which we encourage you to review periodically as do these Terms of Sale to check for any updates or changes.

10.         CUSTOMER SERVICE

For any information or complaint, you can contact Almar Customer Service phone +3902/2547777 - E-mail: commerciale@almar.it

 

11.         APPLICABLE LAW

The Terms and Conditions of Sale are governed by Italian law and in particular by Legislative Decree No. 206 of September 6, 2005 (so-called Consumer Code), with specific reference to the regulations on distance contracts and Legislative Decree No. 70 of April 9, 2003 on certain aspects concerning commerce.

The competent court for the resolution of any dispute will be the one provided by the Italian legislation in force at the time of the conclusion of the contract.