ART. 1 INTRODUCTION
1.1. These general terms and conditions of sale apply to all purchases of products under the brand name "Feral Srl" (hereinafter referred to as the "Products") made through the e-commerce website feral-drinks.com (hereinafter the "Website") by users classified as "consumers" according to Article 2, meaning individuals who act for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activity if any.
1.2. The Website, owned by Feral Srl, an Italian company with registered office at Località Maso Parti 2A, 38017 Mezzolombardo (TN), VAT number 11943640968, and registered with the Companies Register of Trento under number 241959 (the "Seller"), is managed by Glint Company S.r.l. with registered office at Viale Cassala 30 Milan, Italy, tax code and VAT number 11198260967, registered with the Companies Register of Milan under number 02912880966 ("Glint").
1.3. The purchases of Products made through the Website will involve the following parties (collectively referred to as the "Parties"): Feral Srl, as the seller (the "Seller"), and the consumer buyer who proceeds with the purchase of one or more products for purposes unrelated to their commercial, entrepreneurial, artisanal, or professional activity.
1.4. Feral Srl remains the owner of all rights regarding the domain name of the website, logos, registered trademarks for the products presented on the website, and the copyright related to the Website and its contents.
1.5. Any communication from the Consumer relating to the purchase of the Products, including any reports, complaints, requests regarding the purchase and/or delivery of the Products, exercising the right of withdrawal, etc., must be sent to the address and by the methods indicated on the Website or through the addresses specified in the articles related to the individual consumer rights under these conditions.
1.6. Each purchase is subject to these general terms and conditions of sale in the version published on the Website at the time of the transmission of the order by the consumer.
1.7. The Website is intended for the exclusive use of consumers. Products cannot be purchased on the Website by individuals who do not qualify as consumers. The Seller reserves the right to refuse orders that, in its sole discretion, it deems to have been placed by individuals who do not qualify as consumers.
1.8. If one or more sales are still made to a non-qualifying Consumer, these general terms and conditions of sale will still apply, but the following exceptions will apply:
a) The buyer will not have the right of withdrawal under Article 10;
b) The buyer will not have any warranty rights for the products listed in Article 8 or any other legal warranty;
c) No other consumer protection warranties provided by law will be granted to the buyer.
Art 2. DEFINITIONS
Electronic Commerce Contract: A contract of sale or services whereby the Seller or its intermediary offers goods or services through a website or other electronic means, and the Buyer (consumer) places an order for such goods or services on that website or through other electronic means organized by the Seller.
Sale Contract: Any contract whereby the Seller transfers or undertakes to transfer the ownership of goods to the Buyer, and the Buyer pays or undertakes to pay the price.
Service Contract: Any contract, other than a sales contract, whereby the Seller provides or undertakes to provide a service to the Buyer, and the Buyer pays or undertakes to pay the price.
The Consumer Code is the legislative reference for consumer protection, as established by Legislative Decree No. 206 of September 6, 2005, as last amended.
Buyer: The term "Buyer" refers to the consumer or user, a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may eventually carry out (Article 3, letter a, Consumer Code).
Seller: The term "Seller" refers to the natural or legal person who acts in the course of their entrepreneurial, commercial, artisanal, or professional activity, or their intermediary (Article 3, letter c, Consumer Code).
Manufacturer: The Manufacturer is the producer of the finished goods or one of its components (Article 115, paragraph 2-bis, Consumer Code).
Contractual Compliance: Goods are deemed to be in conformity with the contract if they possess the following characteristics, where applicable: i) they are suitable for the customary use of goods of the same type; ii) they conform to the description given and possess the qualities of the sample or model presented; iii) they have the usual qualities and performance of goods of the same type, which the Buyer can reasonably expect, considering the nature of the goods and, if applicable, the public statements made by the seller, the manufacturer, or their agent or representative, particularly in advertising or labeling; iv) they are also suitable for any particular use required by the Buyer, provided that such use has been brought to the Seller's knowledge at the time of the conclusion of the contract and has been accepted by the Seller, even tacitly (Article 129, paragraph 2, Consumer Code).
Defective Goods: Goods are considered defective when they do not provide the safety that one can reasonably expect, taking into account all circumstances, including: a) the manner in which the goods have been put into circulation, their presentation, their apparent characteristics, the instructions and warnings provided; b) the use for which the goods can reasonably be intended and the behaviors that can reasonably be anticipated in relation to them; c) the time when the goods were put into circulation. Goods cannot be considered defective merely because a newer version has been put on the market at any time.
ONLINE SALE OF PROMOTED GOODS
3.1 Through the Contract, the Seller sells to the Buyer, who purchases, the goods offered on the Website through telematic means.
3.2 The website feral-drinks.com presents the catalog of goods and/or services promoted online by the Seller. These goods are accurately represented on the Website.
3.3 The Seller cannot guarantee an exact correspondence between the actual appearance of the goods promoted online and their representation on the Buyer's monitor. In case of discrepancies between the image of the goods visible online and the corresponding written information sheet, the latter shall prevail.
UPDATE OF THE ONLINE CATALOG - AVAILABILITY OF GOODS
4.1 Through its computer system, the Seller ensures the processing and fulfillment of orders without delay, according to the procedures set forth in Article 5 of these General Terms and Conditions of Online Sale. The Seller's electronic catalog indicates in real time the available and unavailable goods, as well as the expected delivery times. The Seller confirms the registration of the order as soon as possible by sending the Buyer a specific confirmation (so-called Order Receipt) via email.
4.2 If an order were to exceed the available stock or if the goods were not available for other reasons, it is the responsibility of the Seller to promptly inform the Buyer of the unavailability of the goods in question and, if possible, the expected waiting times to obtain them, requesting confirmation of the order within the different timeframes indicated by the Seller. Such communication will be sent via email to hello@feral-drinks.
DESCRIPTION OF THE TECHNICAL STEPS NECESSARY TO CONCLUDE THE CONTRACT
5.1 The Contract between the Seller and the Buyer will be concluded exclusively online. Upon accessing the e-Shop, the Buyer must follow the procedures/instructions provided to formalize the purchase of goods and/or services by completing the forms prepared by the Seller. If the Buyer intends to make a purchase online, they must duly select the desired goods and/or services one by one, adding them to the cart configured by the Seller. Once the desired goods and/or services are selected, the Buyer will be asked to finalize their cart by submitting the list of desired items to the Seller. Before submission, a summary page will be displayed to confirm the order for the selected goods and/or services, including their prices and available options. The Buyer will be responsible for selecting the delivery, transportation, and payment methods for the execution of the contract. Through the order confirmation, the Buyer agrees to review and validate their personal information, the goods/services subject to the Contract, their prices, any shipping costs and additional charges, as well as confirming the chosen payment and delivery details and providing any other required information. The order confirmation form will inform the Buyer in advance about the contract execution times, highlighting the right of withdrawal and other rights reserved by law for the Buyer. After completing the required checks, it will be the Buyer's responsibility to select the interactive button located at the bottom of the web page and click on the box "Confirm the purchase order with an obligation to pay," thereby submitting the order to the Seller.
5.2 The online publication of goods and/or services through the Website constitutes a mere invitation to offer, allowing the Buyer to make a purchase proposal. In this regard, the Buyer's order, previously confirmed by the Buyer, constitutes solely a contractual proposal subject to these General Terms and Conditions of Online Sale, which the Buyer acknowledges and accepts. The order confirmation, duly completed and verified as per instructions, will be acknowledged by the Seller with a receipt sent to the Buyer's email address solely to confirm its receipt in the Seller's computer system, which will then begin processing the order and verifying the data provided by the Buyer, as well as the availability of the requested items. The Seller's receipt does not constitute acceptance of the purchase proposal. This receipt, along with the "Order Number" to be used in all communications with the Seller, will include all the aforementioned information required by law, which the Buyer will verify and promptly notify the Seller of any necessary corrections. If any inaccuracies in pricing or other characteristics of the goods and/or services promoted online or the unavailability of the requested items are identified, the Seller will promptly inform the Buyer and invite them to make a rectification of the order, or alternatively, cancel the previous order and place a new one, according to the instructions provided.
5.3 The Seller has the right to accept or reject the order sent by the Buyer, and the Buyer cannot assert any rights or claims, of any kind, including claims for damages, in case the order is not accepted. The Contract will be concluded only when a separate email (or message in the communication center on the Website or equivalent) accepting the purchase proposal is sent, which will also include information regarding the shipment and the expected delivery date (Shipping Confirmation). If the order is fulfilled with multiple shipments, the Buyer may receive separate and distinct Shipping Confirmations. However, the Buyer may cancel their order before receiving the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case, no charges will be incurred. However, the right of withdrawal as provided in the subsequent Article 10 is still applicable.
5.4 The amount due will be charged only at the moment when the ordered goods are shipped. Upon receiving payment for the requested goods/services, the Seller will proceed to issue the relevant fiscal document.
5.5 The Contract will not be concluded and will have no effect if the procedure outlined in this article is not strictly followed.
5.6 For any errors, typos, or issues in completing the online forms and, more generally, in the execution of the purchasing procedures provided by the Seller, the Buyer is invited to contact the following telephone numbers/email address without delay: firstname.lastname@example.org.
Payment of the Price, Taxes, and any Additional Charges
6.1 The Buyer agrees to pay the price required for the goods purchased online, according to the terms and methods indicated on the Website.
6.2 The prices of the goods promoted through the Website, as well as any other expenses related to the invitation to offer, are expressed in Euros.
6.3 The prices include VAT and any other taxes. The shipping costs, as well as any additional charges such as customs clearance, if applicable, although not included in the sales price, will be indicated and calculated by the Seller during the purchasing process, prior to sending the order confirmation, and clearly specified in the order summary (order receipt).
Payment Methods, Timing, and Security, as well as Refunds
7.1 The payment for the goods/services purchased online will be made using one of the methods chosen by the Buyer from those expressly accepted by the Seller and specified in the feral-drinks.com section of the Website. The use of these payment methods does not entail any additional charges for the Buyer, subject to any costs borne by the Seller, which will be duly documented and communicated to the Buyer.
7.2 Any refunds to the Buyer will be credited using one of the methods proposed by the Seller and chosen by the Buyer. In the case of withdrawal, the refund will be made within a maximum of 14 days from the Seller's formal receipt of the withdrawal notice. However, the Seller may postpone the refund until the goods are received or until the Buyer provides adequate proof of return.
7.3 All communications related to payments occur over a secure encrypted line, ensuring the storage of such information with a high level of security and compliance with the current legislation on the protection of personal data.
Modalities and Delivery Times
8.1 The Seller undertakes to deliver the ordered goods without undue delay, no later than 30 days from the date of conclusion of the Contract, using the methods indicated on the website or, alternatively, chosen by the Buyer.
8.2 If the Seller is unable to ship the goods within the deadline mentioned in the previous paragraph, they will promptly notify the Buyer via email or telephone, using the contact details provided during the online registration and order placement.
Storage/Archiving of Contractual Documents
9.1 In accordance with Article 12 of Legislative Decree 70/2003 and Articles 50-51 of the Consumer Code, the Buyer is informed that every order sent online will be stored and archived in digital and/or paper format by the Seller, ensuring adequate confidentiality and security measures. For any copies or other requests regarding this matter, the Buyer is invited to contact the Seller at the following address: email@example.com.
Terms and Methods for Exercising the Right of Withdrawal
10.1 The Buyer has the right to withdraw from the Contract without penalty and without specifying the reason, within a period of 14 calendar days starting from the day the Buyer physically possesses the goods.
10.2 The right of withdrawal is exercised by notifying the Seller at the address firstname.lastname@example.org, or alternatively, via Certified Email (PEC) at the following email address: email@example.com.
10.3 The Buyer must return the goods without delay and, in any case, within 14 days from the date of sending the withdrawal notification to the Seller. It is not possible to return the product to the Feral premises, but after verification by our customer care team, you will be refunded or the intact and correct product will be reshipped to you.
10.4 The Seller will refund the price of the goods for which the withdrawal has been exercised within 14 days of receiving the withdrawal notice from the Buyer. Generally, the Seller will use the same payment method chosen by the Buyer for the initial transaction, unless the Buyer specifies otherwise. In such a case, any additional costs resulting from the different payment method chosen will be solely borne by the Buyer. The Seller may withhold the refund until the goods are received or until the Buyer provides proof of return.
10.6 Once the Seller receives the communication from the Buyer expressing their intention to exercise the right of withdrawal, all obligations related to the Contract will cease, except as provided in this Article.
GUARANTEE OF CONFORMITY, REPORTING AND ACTIVATION OF PROTECTIONS; ANY OTHER WARRANTIES
11.1 The Buyer is guaranteed the conformity of the goods to the Contract within a two-year period from their delivery. Unless proven otherwise, any lack of conformity that becomes apparent within 6 months from the date of delivery is presumed to have existed at that time, unless it is incompatible with the nature of the goods or the specific lack of conformity.
11.2 In the event of non-conformity of the goods to the Contract, the Buyer may request, alternatively and at no cost, the repair or replacement of the purchased goods, a price reduction, or the resolution of the Contract, unless the request is objectively impossible to fulfill or excessively burdensome for the Seller, as per Article 130, paragraph 4, of the Consumer Code. If repair and replacement are impossible or excessively burdensome, or if the Seller has not carried out the repair or replacement within the agreed-upon time frame, or if the previous replacement or repair has caused significant inconvenience to the Buyer, the Buyer may choose to request a price reduction or the resolution of the Contract.
11.3 The Buyer forfeits any rights related to the conformity of the goods to the Contract if they do not report the alleged lack of conformity to the Seller within 2 months from the date of its discovery. This deadline does not apply if the Seller has expressly acknowledged the defect or deliberately concealed it. In any case, the report must specify the observed lack of conformity and include at least one photograph of the relevant goods, accompanied by the Seller's fiscal receipt as proof of purchase.
11.4 The Buyer must send the report and related requests to one of the following addresses: i) firstname.lastname@example.org, for registered mail communications; ii) alternatively, via Certified Email (PEC) to the following address: email@example.com, or by regular email to firstname.lastname@example.org.
11.5 If the Seller is required to reimburse the Buyer, in whole or in part, for the price paid, the refund will be made, if possible, using the same payment method used by the Buyer at the time of purchasing the goods, or alternatively, by bank transfer. It is the Buyer's responsibility to provide the Seller, during the report/request, with the necessary bank details for the transfer to be made in their favor and to ensure that the Seller is able to return the owed amount.
NON-ATTRIBUTABLE NON-PERFORMANCE - UNAUTHORIZED PAYMENTS
12.1 The Seller is not responsible for the non-performance or delayed execution of the Contract if it is due to disruptions attributable to force majeure, unforeseeable circumstances, or causes beyond the Seller's control.
12.2 The Seller assumes no responsibility for any fraudulent, unlawful, or irregular use of credit cards, checks, or other means of payment, attributable to fraudulent or negligent conduct, including slight negligence, by the Buyer regarding their obligations to safeguard and promptly inform the issuer of said payment methods.
Defective Products, Compensable Damages, and Related Burden of Proof
13.1 The Manufacturer is responsible for damages caused by defects in the goods promoted/sold through the Website. According to Article 116 of the Consumer Code, it is the Seller who will be liable for damage caused by a defect in the sold goods if they fail to communicate the identity and domicile of the Manufacturer or the intermediary who supplied the goods within three months of the request mentioned in the following third paragraph.
13.2 The injured party may seek compensation for damages caused by death or personal injury, or by the destruction or deterioration of something other than the defective goods, provided that it is normally intended for private use or consumption and was used as such by the injured party. In the latter case, according to Article 123 of the Consumer Code, compensation for damage to something other than the defective goods will only be granted to the extent exceeding the sum of €387.00 (three hundred and eighty-seven euros). In any case, it will be the responsibility of the injured party to prove both the defect and the damage, as well as the necessary causal connection between the defect and the damage suffered.
13.3 The claim for damages, which must be made exclusively in writing, must specify the goods that caused the damage, as well as the date and place of the respective purchase. Furthermore, if the goods still exist, it is the duty of the injured party to offer them for inspection according to the instructions given by the Manufacturer, Seller, or third parties indicated by them.
13.4 Compensation for damages will be excluded if the injured party, despite being aware of the defect in the goods and the associated dangers, voluntarily exposed themselves to it. In the presence of fault on the part of the injured party, which could have been avoided by using ordinary diligence, the requested compensation will be excluded or reduced in proportion to the gravity of the fault attributable to the victim.
13.5 Any liability for the consequences arising from a defective product is excluded if the defect is attributable to the conformity of the product with an imperative legal provision or other binding measure, or if the state of scientific and technical knowledge at the time the product was put into circulation did not yet allow it to be considered defective.
14.1 The punctual payment of goods purchased online, as stated in Article 6.1 of these General Terms and Conditions of Online Sale, including the payment of any additional charges and/or obligations specified in Article 6.3, shall be deemed essential obligations of the Contract.
14.2 Unless justified by force majeure or unforeseeable circumstances, the non-fulfillment of the aforementioned obligations shall result in automatic termination of the Contract pursuant to Article 1456 of the Civil Code.
PROCESSING OF BUYER'S PERSONAL DATA (REFERRAL TO SPECIFIC INFORMATION)
15.1 The Seller protects the Buyer's personal data, ensuring full compliance with the applicable regulations, specifically Regulation 679/2016, as well as relevant national provisions (Privacy Code, as last amended by Legislative Decree 101/2018).
CONTACT DETAILS OF THE SELLER AND BUYER
16.1 Official communications addressed to the Seller, including any complaints from the Buyer, will be valid only if sent by registered mail with return receipt to Feral Srl, Località Maso parti 2A, 38017 Mezzolombardo (TN), or by email to email@example.com, or to the following certified email address (PEC) firstname.lastname@example.org.
16.2 The Buyer shall provide their residence or domicile, relevant contact details, and email address for communication from the Seller during registration on the website or in the order confirmation form.
AVAILABLE LANGUAGES AND INTERNATIONAL ACCESSIBILITY OF THE WEBSITE
17.1 The website and its services are available in the English language.
17.2 These General Terms and Conditions of Online Sale are available in Italian. In case of translation into other languages, the only valid version will be the Italian one.
17.3 Accessible from computers, tablets, smartphones, or other devices, regardless of their location, the website promotes goods and/or services mainly intended for the domestic market. Orders from third countries, unless otherwise specified, will be accepted and processed according to agreements. In such cases, unless otherwise agreed, delivery will take place at the Seller's/Operator's premises. However, the Seller/Operator reserves the right to suspend/terminate, with short notice and without any penalty, any promotional, commercial, sales, or supply activities of goods and/or services through the website if legal/fiscal/customs impediments or objective reasons (not subjective related solely to the User's geolocation) prevent the receipt of the order and/or the execution of the Contract with Users residing or domiciled in third countries.
18 ONLINE EXTRAJUDICIAL RESOLUTION OF DISPUTES
18.1 In accordance with EU Regulation 524/2013, the Buyer is informed of the option to submit the resolution of any disputes with the Seller regarding the offer and purchase of goods and/or services promoted online to entities/companies/offices involved in alternative dispute resolution procedures (ADR - Alternative Dispute Resolution) through simple, fast, and cost-effective web-based procedures (ODR - Online Dispute Resolution).
18.2 For more information on the aforementioned ODR procedures, please visit the following website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
19 .1 Any dispute between the Seller and the Buyer concerning the Contract and its execution shall be governed by Italian law and administered, without prejudice, by the courts of the consumer's jurisdiction. The Buyer shall be guaranteed the rights conferred by the mandatory consumer protection laws in force in their country of residence and/or domicile.
19 .2 Regarding the competent court and applicable law to the Contract, reference is made to Article 66 bis of the Consumer Code, Article 18 of EU Regulation 1215/2012, Article 6 of EU Regulation 593/2008, and, finally, Articles 3 and 57 of Law No. 218/1995.
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