Scope of Application
- These Conditions of Sale (General Conditions) of Ginlab s.r.l. (the "Seller") regulate the offer and sale to the consumer or professional (hereinafter referred to as "Customer") of products for sale at the Seller's online store on the website www.peterinflorence.com (hereinafter, the "Site") owned by the same Ginlab s. r.l. (a company based in Florence, Via Aretina, 161, p. Iva 06667150483, contact details: +39 329 873 8002, email: firstname.lastname@example.org and are formulated and provided in accordance with the provisions of the so-called "Consumer Code" (Legislative Decree no. 206/2005) and the applicable legislation on electronic commerce.
- For the purposes of these General Terms and Conditions, "Consumer" means any natural person who enters into a legal transaction for purposes that are outside the scope of his or her commercial or independent professional activity. "Professional" means any natural or legal person or partnership with legal personality who, in concluding a legal transaction, acts for purposes that are within the scope of his or her commercial or independent professional activity.
- The Customer is aware that by purchasing through the Site using his or her VAT number he or she is automatically qualified as a Professional and, therefore, is aware that, in this capacity, the provisions of the Consumer Code provided for the exclusive protection of Consumers will not be applicable to him or her.
- Parties to the contract of Sale are the Customer and the Seller. The latter may use, for the management of certain phases of the sale (such as shipping or the management of the payment phase) of other parties.
- These Conditions of Sale do not regulate the provision of services or the sale of products by parties other than the Seller that may be present on the Site through links, banners or other hypertext links. The Seller is therefore 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.
- The Seller reserves the right to vary the contents of these Conditions of Sale, giving evidence of it within the Site. The Customer is therefore invited to periodically consult the Site to check for any updates or changes. Any changes will be effective only after they are posted on the Site. A Customer who continues to make purchases on the Site after the publication of the changes accepts the new conditions without reservation.
- The Conditions of Sale applicable to a purchase will always be those in effect at the time the relevant order is placed.
The products (hereinafter referred to as "Products") and services (contained within the "Gin Experience" section, hereinafter referred to as "Services" or "Gin Experience Services") sold on the online store of the Site are intended exclusively for Customers of legal age under applicable law. The Products offered for sale on the Site are shipped exclusively to the Italian territory; therefore, in the event that the Customer decides to enter the product in a different country, he/she will be considered solely responsible for the entry and consequently will have to comply with the applicable regulations and restrictions both for export and import in other countries. The Seller hereby disclaims any liability in this regard.
The Gin Experience Services offered for sale on the Site are provided and available exclusively at the locations expressly indicated in the tab linked to the relevant service. Method of purchase through the Site
3.1 The Customer may proceed to purchase Products and Services through the Site via the "Gin & Cocktails" and "Gin Experience" sections accessible from the Home Page of the Site as well as from other specific sections that will be activated on the Site. The Customer will proceed to purchase without prior registration to the same, thus proceeding to purchase as a "Guest".
3.2 The Seller reserves the right not to accept orders, from whoever they come from, that are abnormal in relation to the quantity of the Products or Services purchased or the frequency of purchases made on the Site.Conclusion of Contract and Purchase Procedure
4.1 The descriptions of the Products and Services in the Seller's online store constitute binding offers for the Seller, except as provided in Sections 4.6, 4.7 and 5.2.
4.2 The Customer proceeds to accept the offer by filling in the order form in the Seller's online store. In this case, after entering the required data and validating the payment details and re-checking the entered data (via the "Review Order" button), at the end of the purchase procedure the Customer, by clicking on the purchase button ("Pay with credit card or Paypal"), legally and bindingly accepts the contractual offer in relation to the goods in its virtual shopping cart. In fact, by clicking on the "Pay by credit card or paypal" button, the Customer, as per the relevant notice, declares that he/she has read and understood the general terms of the contract and, by proceeding with the purchase, accepts them.
4.3 Prior to the binding transmission of the online order form, the Customer may correct its data at any time through the normal functionalities therein. In addition, before the binding transmission of the order by clicking on the "Pay by credit card or paypal" button, all data will be displayed in a confirmation window, where they can still be changed by making use of the normal mouse and keyboard functions.
4.4 Except as provided for in paragraphs 4.6 and 4.7 below, the purchase contract shall be deemed to be concluded between the parties when the Seller receives, electronically, the order form filled in and confirmed by the Customer, after however necessary verification of the correctness of the data relating to the order and the regularity of the payment. In fact, the sending of the order form entails the arising, on the part of the Customer, of the obligation to pay the price and related expenses.
4.5 The conditions for the use of the Gin Experience Services are specified in par. 5 of these conditions and, as far as not provided therein, in the Schedule present on the Site on the page relating to the individual Service.
4.6 The Seller reserves the right not to process the purchase order where the order, or the data in it, is incomplete or incorrect or where payment of the amount due is not received. In such cases, the Seller will promptly inform the Customer, at the e-mail address indicated by the same, that the contract is not concluded and that the Seller has not carried out the purchase order specifying the reasons. In such cases also, the Seller will refund the Customer, in the manner set forth in puto 4.7 below, any amount already paid by the latter.
4.7 Each Product or Service tab will indicate whether the Product or Service was no longer available for sale, if any. However, where, for any reason whatsoever, the Customer should proceed with the purchase of one or more Products or Services for which the relative unavailability was not indicated on the Site, the Seller will notify the Customer promptly, and in any event no later than 10 (ten) business days from the day following the day on which the order was transmitted, and the purchase order will be cancelled. In such case, what, if any, has already been paid by the Customer (including contributions to order processing costs and shipping costs) will be fully refunded by the Seller. The amount of the refund will be communicated by e-mail and promptly credited to the same means of payment used by the Customer for the purchase or, where the Customer expressly requests it, by bank transfer, and the contract will be considered terminated between the parties. The Seller disclaims all liability for any delays in crediting, whether depending on the banking institution or the type of credit card used for payment. In any case, the value date of the re-credited amount will be the same as the debit date.
4.8 Upon submission of the order form, the Customer shall receive an automatic email confirming receipt thereof. Thereafter, unless it receives an email with the notice referred to in 4.6. or 4.7, it will receive an email with the tracking link to follow it. The Customer will also receive an email confirming that the shipment has been delivered.Additional conditions related to Gin Experience Services and Vouchers.
The purchase of Gin Experience Services can be made:
- for some Gin Experience Services (such as for "Peter's Master Distillery Tours"), by purchase and simultaneous reservation of the day on which the same will be provided (hereinafter, "Purchase and simultaneous reservation");
- for other Gin Experience Services, by direct purchase of the Service and subsequent reservation of the day on which the same will be provided by means of a request sent by e-mail to email@example.com based on the available dates indicated on a case-by-case basis by the Seller;
- through the purchase of a voucher (hereinafter, the "Voucher Gift Card") expendable at a later date and under the conditions indicated in the relevant Online Form of the individual voucher.
- For the Services referred to in paragraph (a) of Section 5.1, the Service is provided exclusively on the date selected at the time of purchase. The Customer is made aware that due to requirements also pertaining to the organization of the Seller's business, and which may arise preventing the use of the Service at a given time, the Seller reserves the right not to provide the Service on the date identified by the Customer, giving notice at least 3 days before the scheduled date and indicating to the Customer alternative dates on which the Service may be provided. In this case, the Customer may choose whether to use the Service on the new date indicated by the Seller or to obtain a refund of the amount paid for the purchase of the Service, thus terminating the contract concluded with the Seller.
With reference to the Services that can be purchased by means of Voucher Gift Card, the following conditions apply:
- the Voucher Gift Card may be used by the Customer or may be given by him/her to another person, provided that he/she is of age under applicable legislation;
- the Gift Card Voucher can be used exclusively for the use of the Service to which the same is referred;
- unless otherwise indicated on the relevant online form, the Gift Card Voucher is valid for one year from the time of its purchase;
- any specific conditions for use of the Gift Card Voucher are indicated in the online card associated with the same.
5.4 Additional conditions for the purchase and use of the Services may be indicated in the Schedule associated with the relevant Service and present on the Site. Before proceeding to purchase, the Customer is therefore required to read carefully not only these Terms of Sale but also the conditions on the Service Card.Prices and Terms of Payment
6.1 Unless otherwise indicated by the Seller in the description of the Product and Services, the prices indicated in the corresponding sheet are final prices and inclusive of applicable taxes in accordance with the law, excluding shipping costs, if any, which will be indicated separately when filling out the order form. It is specified that shipping costs do not include any customs charges and local taxes, which remain the sole responsibility of the Customer. Shipping charges are calculated by the system based on the weight of the items ordered and the shipping address.
6.2 For deliveries, shipping costs vary according to weight and destination address and, therefore, they will be calculated automatically by the system when the delivery address is entered when filling out the order form. For purchases in which the value of the goods (understood as the value of the products purchased alone) exceeds, net of any discounts applied, the amount of € 59.00, shipping is free within the Italian territory only, except for temporary additional special promotions.
6.3 In any case, the final price, with the precise amount of shipping costs, is displayed in the final stage of the purchase transactions before the Customer activates the "Pay by credit card or paypal" button. The Customer is therefore required to verify the amount of the total cost he/she will pay before submitting the relevant order form.
6.4 To pay for the purchased Products and Services, the Customer has the following methods available: Credit Card, PayPal and ShopPay.
6.5 For payment by credit card (payment at the same time as the conclusion of the transmission of the order form), the bank of reference will authorize the debiting of the amount relating to the purchase made. In the event that the Seller cannot, for the reasons referred to in paragraphs 4.6 and 4.7, process the order for the Products, the same will request the cancellation of the transaction and the reversal of the amount committed. The timing of release depends solely on the banking system. Once the cancellation of the transaction has been made, neither the Seller, nor the parties appointed by the Seller to manage the payment phase, shall in any way be held responsible for delays and/or damages caused by the banking system. At no time during the procedure of purchase by credit card, the Seller may become aware of personal information relating to the holder of the same since the information is transmitted directly to the site of the banking institution handling the transaction, a protected site. The financial information (for example, the number of the credit/debit card or the date of its expiration) will in fact 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 have access to it. This information, moreover, will never be used by the Seller or the parties appointed by the same except to complete the procedures relating to the purchase and to issue the relevant refunds in the event of any returns of products, following the exercise of the right of withdrawal by the Customer, or if it is necessary to prevent or report to the police the commission of fraud through the Site.
6.7 In the event that payment made by any of the available means fails or is rejected by the payment service provider, the Seller is not obligated to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User. The Customer therefore acquires ownership of the Products and the right to the provision of the Services only upon the outcome of payment of the due amount in favor of the Seller.
6.8 Before completing the order, the Customer has the right to request the issuance of a tax invoice by checking the appropriate box during the purchase procedure. It will not be possible to request the issuance of an invoice once the procedure has been completed and the relevant order form submitted.Terms of delivery and shipment of the Products
7.1 Goods are shipped by freight forwarder to the address indicated by the Customer. The order is processed taking into consideration the shipping address indicated. The Customer is therefore responsible for the correct indication and identification of the delivery address, and the Seller shall not be liable in the event that the Products cannot be delivered on time due to the incorrect indication of the address or due to the lack of presence at the same of the person in charge of the collection. There is no provision for collection by the Customer.
7.2 In the event that the assigned courier sends the goods back to the Seller as a result of impossibility of delivery at the Customer's premises, the costs of the unsuccessful shipment will be borne by the Customer, unless the Customer has exercised the right of withdrawal referred to in paragraph 10 for the case in which the impossibility of delivery is not attributable to the Customer.
7.3 Delivery times for the products ordered will vary in consideration of the product purchased. The Seller will therefore make every effort in order to allow the delivery of the goods in the national territory, within 7 working days from the receipt of the order and, in any case, and unless prevented by unforeseeable circumstances or force majeure, to deliver it no later than 14 working days from the said receipt of the order;
The date of delivery shall be deemed to coincide with the first delivery attempt. Any delays due to impossibility of delivery due to the absence of the consignee, due to incorrect indication of the delivery address or due to circumstances determined by the Public or Customs Authorities or even due to fortuitous event or force majeure shall therefore not be attributable to the Seller.
7.4 The risks of loss and deterioration of the goods are transferred to the Customer at the time of delivery, or, if the goods are transferred from one place to another, to the carrier at the time of delivery.
Receipt and verification of goods
8.1 Upon delivery of the goods, the customer is required to check the quality and condition of the Products, and in particular:
- that the products correspond to those ordered
- that the number of packages delivered corresponds to what is indicated in the transport document
- that the packaging is intact and not altered even in the closing tapes.
In the event of anomalies, tampering, breakage and / or missing products, the Customer must withdraw the goods with express reservation of control of the contents, with wording to be placed on the delivery note received by the courier and specification of the reasons, promptly informing the Seller.
8.2 It is possible to track online the status of any shipment either through the link sent by email upon confirmation of shipment.Legal warranty of conformity and after-sales service
9.1 The Customer is aware that the images used on the proposals may sometimes only be indicative of the Product and may not always faithfully represent the Product delivered.
9.2 In accordance with the provisions of Articles 128-135 of the Consumer Code (Legislative Decree 206/2005), applicable only to the Customer who holds the quality of Consumer, the products purchased on the Site are covered by the legal warranty for a period of two years from the date of delivery. During this period, the Customer may then assert all the rights and remedies due to the Consumer in application of the rules of the aforementioned Consumer Code, including the right to restoration without charge by repair or replacement and, as a secondary measure, the other remedies provided for in Article 130 of the same Consumer Code. In the event that the Consumer Customer therefore believes that the purchased goods have defects (meaning by these a limitation or significant reduction in the suitability for use of the product in accordance with art. 129 of the Consumer Code), he must first send a communication to the e-mail address firstname.lastname@example.org representing the situation and attaching the documentation certifying the purchase of the product and the reasons for the grievance.
9.3 Products repaired, modified or in any way altered by the Customer are excluded from the Legal Warranty. Also excluded from the scope of the Legal Warranty are any damages resulting from use of the product that does not comply with its intended purpose and/or with what is provided for in the technical documentation attached to the product, if any, or in the instructions for use relating to the same.
9.4 The defective product, if still covered by the warranty, must be returned to the address Via della Torricella 31 Interno A, Bagno a Ripoli (FI), CAP 50012 together with the documentation certifying the purchase and the date of delivery.
For any needs related to the purchased goods, the Customer may contact support at the email address email@example.com.
To the Professional Customer, to whom the provisions of the Consumer Code do not apply, the warranties for defects in the thing sold, the warranty for defects in promised and essential qualities and the other warranties provided by the Civil Code with their terms, forfeitures and limitations will be applied.Right of withdrawal
10.1 Pursuant to Article 52 of Legislative Decree no. 206/2005, the Customer having the quality of Consumer may withdraw from the Conditions, and therefore from the purchase contract, for any reason, without the need to give reasons and without any penalty, within 14 (fourteen) days from the date of receipt of the Products or from the date of purchase of the Service.
In order to exercise the right of withdrawal, the Customer must inform the Seller by sending a communication to the following contact details (email firstname.lastname@example.org ) of its decision to withdraw from this contract by means of an explicit statement. To this end, it will be sufficient for the Consumer Customer to send, from the e-mail address associated with the order placed, an e-mail to email@example.com (indicating in the subject line: "Return order/service/voucher No. ___________") in which the following necessary information is indicated:
- Consumer's first name, last name and address;
- order number/service name/Voucher Gift Card;
- date of receipt of the goods/date of purchase of the Service or Voucher Gift Card;
- the express statement of intention to exercise the right of withdrawal with reference to the order number/Service or Voucher Gift Card indicated in the notice.
To comply with the withdrawal period, it is sufficient for the Customer to send the notice to exercise the right of withdrawal before the expiration of the relevant period.
10.2 Effect of Withdrawal. The withdrawing Customer shall have the right to obtain a refund of the payments it has made to the Seller, including any shipping costs paid. The refund shall be made without undue delay and in any event no later than 14 days from the day on which the Seller was informed of the Customer's decision to withdraw from this contract. Said refunds shall be made using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly requested otherwise; in any event, the Customer shall not incur any costs as a consequence of such refund. The refund may be suspended until receipt of the goods by Seller.
The Customer is requested to return the goods to the Seller at the address Via della Torricella 31 Interno A, Bagno a Ripoli (FI), ZIP code 50012 , without undue delay and in any event within 14 days from the day of the notice of withdrawal from this contract. The deadline shall be deemed met if the Customer returns the goods before the expiration of the 14-day period.
The direct costs of returning the goods will be borne by the Customer.
The goods must be returned undamaged, complete with all its parts and in the original packaging (envelopes and packages).
10.4 The right of withdrawal under this paragraph is expressly excluded if the Customer does not qualify as a Consumer under the Consumer Code. Complaints and Request for Information and Contacts
11.1 Any complaints or requests for information may be addressed to the Seller at the following email firstname.lastname@example.org. Ownership of Content
14.1 The contract of sale referred to in these General Conditions and its execution shall be governed by Italian Law, unless the Customer who is a Consumer is not subject, by mandatory provision of law, to any more favorable provisions provided by the law of the country in which the Consumer has his habitual residence, excluding in any case the Vienna Convention on the International Sale of Goods.
14.2 For any dispute relating to this Contract, the Court of Florence shall have exclusive jurisdiction, unless the Customer is a Consumer under the Consumer Code; in the latter case, in fact, the Customer may take action before the competent authority of the Court of his residence. Alternative Dispute Resolution
15.1 The Customer Consumer residing in Europe is made aware that the European Commission has established an online platform for alternative dispute resolution that provides an out-of-court method for resolving any dispute relating to or arising from online sales and service contracts. Accordingly, if The Customer is a European consumer, he/she may use such platform to resolve any dispute arising from the online contract entered into with The Seller. The platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT.
We are available for any questions through the email address email@example.com