General Conditions of Sale, in force since 24 november 2022.

 

INTRODUCTION

 

This information is provided for the site https://shop.triacca.com/ch_en/ (Site).

 

Seller Data: Fratelli Triacca AG – Zalende CH-7748 Campascio - Switzerland - VAT No. 00635380140 - Email office@triacca.com (Seller or Vendor).

The General Terms and Conditions of Sale are regulated by the Federal Act against Unfair Competition (UCA; SR 241) and the Ordinance on the Indication of Prices (OIP; SR 942.211). In the European Union, e-commerce is regulated by the Consumer Rights Directive (Directive 2011/83/EU) and the E-Commerce Directive (Directive 2000/31/EC).

In addition, the provisions of the Swiss Code of Obligations (CO; RS 220) apply similarly to traditional sales contracts.

Art. 1 Scope

 

1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.

 

1.2 If made possible by the Site, the insertion of your tax code during a purchase implies that you are acting as a Consumer. It is recalled that the quality of consumer is the natural person acting for purposes unrelated to the business, commercial, professional or craft eventually carried out. If, however, is given the opportunity to enter the VAT number (his or that of a legal person), this implies a purchase by way of "Professional”. The quality of Professional is the natural person or legal entity acting in the exercise of its business, commercial, craft or professional activity, or its intermediary. The implications of buying as a Consumer rather than as a Professional will be described later in this document.

 

1.3 The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are intended as indicative only. The colors may differ from the real ones due to the settings of the computer systems or computers you use to view them. 

 

1.4 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and consult the most up-to-date version of the General Conditions of Sale before making any purchase.

 

1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.

 

1.6 The present General Sale Conditions do not regulate the sale of products and/or services by subjects other than the Seller that may be present on the Site through links, banners or other hypertext links. 

 

1.7 Before carrying out commercial transactions with such subjects, it is necessary to verify their conditions of sale. 

 

1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties. 

 

1.9 The Seller does not control and/or monitor the websites that can be consulted through such links. The Seller is therefore not responsible for the contents of such sites or for any errors and/or omissions and/or violations of law by the same.

 

1.10 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase process.

 

1.11 In no event shall Seller be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, but is not limited to, any loss of income or other indirect loss resulting from the use of or inability to use the Site. Seller makes no warranty or representation that: (i) the Site is free of viruses or programs that may damage data; (ii) the information contained on the Site is accurate, complete and current. 

 

1.12 Unless otherwise agreed with the Seller, it is not possible to place orders by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

 

1.13 The entirety of any element of the Site is the property of the Seller or a third party. Except with the specific written consent of the Seller, you may not reproduce, in whole or in part and by any process, distribute, publish, transmit, modify or sell all or any part of the content of the Site. 

 

Art. 2 Purchases on the Site

 

2.1 In order to make purchases on the Site it is necessary to follow the procedure present on the Site itself, entering the data requested from time to time. The contract of sale is concluded when the order reaches the server of the Seller.

 

2.2 You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Site. 

 

2.3 You warrant that the personal information provided by you is complete and truthful and you agree to indemnify and hold the Seller harmless from any damages, liabilities and/or penalties arising out of and/or in any way connected with the breach of this undertaking. You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.

 

2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these General Conditions of Sale or any regulatory provision.

 

2.5 In order to place orders on the Site it In order to send a purchase order it is necessary to read and approve these General Conditions of Sale, by checking the relevant box on the pages of the purchase process. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site..

 

2.6 Minimum age: Wine and beer can only be sold and delivered to persons over 16 years of age, spirits only to persons over 18 years of age. Alcohol sales via the online shop are only possible from the age of 18.

 

2.7 After the purchase on the Site You will receive an order confirmation email.

 

Art. 3 Availability of Products

 

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

 

3.2 On the Site information on Product availability is available.

 

3.3 You will be informed in case of unavailability of the ordered Product. In this case you will be entitled to terminate the purchase contract. However, please note that before requesting the termination of the contract, the Seller reserves the right to implement these measures:

• If a restocking is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and upon express acceptance of the user.
• In the event that a reassortment is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery term.
• Seller will offer a discount coupon to be spent on purchases on the Site. The amount of the coupon, the period within which it can be used and any limitations will be communicated by the Seller from time to time.

.

 

3.4 If a refund is requested for the amount paid for the purchase of Products which are subsequently found to be unavailable, the Seller shall make the refund within a maximum period of7 days. 

 

3.5 If you exercise your right to terminate the contract, the contract will be terminated. In the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Amount Due) has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the article "Payment Methods" below.

 

Art. 4 Prices

 

4.1 On this Site all prices include VAT.

 

4.2 Moreover, on the Site prices do not include the WEEE contribution as Products not subject to the relative discipline are sold.

 

4.3 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time of placing the order and that no account will be taken of any variations (upwards or downwards) following the transmission of the same.

 

4.4 Shipping costs are charged to you for orders less than or equal to a specific amount (from time to time indicated on the Site): for higher amounts shipping is free.

 

4.5 The Seller will only dispatch the Products once it has received confirmation of authorisation for payment or credit of the Total Amount Due. Title to the Products will pass to you on dispatch, which will be deemed to be the time when the Product is handed over to the carrier. The risk of loss of or damage to the Products due to causes not attributable to the Seller shall pass to you when you or a third party appointed by you other than the carrier takes physical possession of the Products.

 

4.6 The purchase contract shall be terminated if you fail to pay the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.

 

Article 5 Methods of payment

 

5.1 This article describes the payment methods available on the Site.

 

5.2 You may purchase via payment cards on the Site. The charge will be made only after (i) the data of Your payment card used for the payment have been verified and (ii) the issuer of the payment card used by You has issued the authorization to charge. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are informed that you may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion the user must be registered on the Site during the purchase transaction) and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, not even if you choose to store such data on the Site, the data of your payment card used to pay for the Products. The payment cards accepted can be viewed in the footer of the Site and/or within the purchase process. {carte-di-pagamento.carte-di-credito-footer}

 

5.3 On the Site you can pay by bank transfer.

 

5.4 On the Site it is not possible to purchase by cash on delivery, unless otherwise agreed with the Seller.

 

5.5 If the value of the discount code is less than the value of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. In no case can the vouchers be converted into money.

 

5.6 Any alternative methods other than the above are or will be described in this article.

• On the Site you can make purchases through the payment solution PayPal. If you choose PayPal as a means of payment, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to that account.

 

Art. 6 Delivery of Products

 

6.1 The delivery of the Products is carried out in: Switzerland.

 

6.2 The delivery obligation is fulfilled by the transfer to you of the material availability or control of the Product.

 

6.3 Delivery time of the Products from the sending of the order:5 days.

 

6.4 The term indicated in art. 6.3 is to be intended as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within the term of 30 days from the sending of the order. It is up to you to check the condition of the Product delivered. Being understood that the risk of loss or damage of the Product, for causes not attributable to the Seller is transferred when you, or a third party appointed by you and different from the carrier, materially comes into possession of the Product, the Seller recommends you to check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package presents obvious signs of tampering or alteration, it is appropriate to give prompt notice to the Seller. 

 

6.5 With reference to the possibility of requesting delivery of the Products at a "collection point", the Seller informs you thatThe Site does not offer you the option of collecting the Product from a "pick-up point" other than the address you provided during the purchase process. You are nevertheless invited to access the Site regularly to check whether this delivery option is subsequently made available on the Site.

 

Art. 7 Right of withdrawal

 

7.1 This Site does not allow the possibility of returning goods by exercising the right of withdrawal, i.e. the right to return products following a change of heart after purchase.

 

Art. 8 Legal Warranty of Conformity

 

8.1 The Seller shall be liable to the buyer for any lack of conformity of the Product that becomes apparent within two years from said delivery.

 

8.2 If a product proves to be defective or does not possess the promised qualities, the purchaser may assert his warranty claim for two years. The law provides for termination of the contract (Art. 208 CO) or compensation for the reduced value of the purchased item (Art. 205 CO).

 

8.3 The Seller shall not be liable for damages, of any nature whatsoever, deriving from the use of the Product in an improper manner and/or not in compliance with the instructions provided by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or force majeure.

8.4 To claim the Legal Warranty, you must contact the Seller in the manner indicated on the Site and/or in these General Terms and Conditions.

 

Art. 9 Manufacturer's Warranty

 

The Manufacturer's Warranty is an additional warranty to the Legal Warranty of Conformity eventually provided by the Seller on the Products. Except as may be indicated on the Site, the Products sold on the Site are not assisted by the Manufacturer's Warranty. You may in any case assert your rights under the Legal Warranty of Conformity governed by the preceding article.

 

Art. 10 Applicable law and competent court; out-of-court settlement of disputes

 

10.1 The purchase contracts concluded through the Site are governed by Swiss law.

10.2 This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence. Please note that, for any disputes relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile or the court of the Seller shall have jurisdiction, at the buyer's choice.

 

Art. 11 Customer Service

 

11.1 It is possible to ask for information, send communications, request assistance or forward complaints by contacting the Seller at the addresses indicated in the Introduction, or by using the contact form eventually present on the Site.

 

11.2 The Seller shall respond in an approximate time of 2 days.

 

Art. 12 Miscellaneous

 

12.1 This document fully governs the relationship between you and the Seller. In any event, the rights and obligations provided for by the law applicable from time to time are not affected.