TERMS OF SALE

GENERAL INFORMATION ON SELLER AND APPLICABLE DISCIPLINE

These general terms of sale (later, “General Terms”) govern the purchase of products and services, carried out remotely via the internet through the e-commerce platform burnia.eu (below called “Site”) in accordance with italian law referred to d.lgs 206/2005 and subsequent changes and integrations (later “Consumer Code”). The selling party of the products and owner of the site is “Burnìa S.R.L.S.” based in Via Santa Teresa 1 – Mazara del Vallo (TP) – 91026. Vat match: 02715020810 (also ‘seller or the selling company’) entered at the CCIAA of Trapani at No. Rea TP-191777, in person of the amm.re Cancemi Mariangela, tel and fax 3701402326, PEC burniasrls@pec.it . The consumer who accesses the Site to make purchases (below “Customer”) is required, before sending the order, to read carefully the present General Terms, to be understood (see later) also as precontrial information, which have been made available to him on the Site and that will be available at any time by the Customer also through the link, attachments or text contained in the confirmation email sent before and after each order to allow it to be re-arranged. In the event that the person making purchases on the Site requires the issuance of an invoice and/or in any case is not a “consumer or user” as defined in art. 3, paragraph 1, lett. (a), of the Code of Consumption, will not apply the discipline of withdrawal referred to in art. 7 and 8 of these General Terms and, more generally, the forecasts that under the same Code of Consumption apply only to “consumers”. The contracts concluded with Burnìa S.R.L.S. through the Site are regulated by these General Terms in accordance with Italian law.

PRECONTRACTAL INFORMATION

With the transmission of this document, the selling company also offers the consumer the pre-contractual information referred to in art. 1 of Dlgs 21/14 and under Articles 1. 45 and Sept. Dlgs 206/05.

Before, therefore, to perfect the payment, the consumer agrees to receive, by clicking on the appropriate mandatory checkbox, on durable support (email or pdf attached to email) the following document containing all the legal indications to identify the seller and inform the buyer of the rights enjoyed in accordance with the provisions referred to the consumer code.

The information provided will then form an integral part of the remote contract or contract negotiated outside the commercial premises, in case of confirmation of the order, and cannot be changed except with the express agreement of the parties.

PRODUCT INFORMATION

The characteristics and price of the various products for sale on the Site (below “Product” or “Products”) are shown on the page for each item. Each product has a dedicated card that shows the name of the manufacturer and all the main features of the item. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description card. It is understood that the image of the Products themselves is for the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. If there is a difference between the image and the written product sheet, the product sheet description is always small and the differences between these photographs and the reality are not any defects of conformity. For all products sold, the responsibility of the manufacturer applies. In the case of packaged products, the manufacturer is also responsible for the veracity and completeness of the indications on the packages and labels.

PRODUCT SELECTION AND ORDER PROCEDURE

Sending the order from the Site has a contractual proposal value. For the purchase of the Products, the customer will have to fill out and submit the order form in electronic format, following the instructions and procedures contained in the Website. The customer will need to add the Product to the “Basket” and, after entering the necessary data for shipping and billing, will have to take a look at the General Terms and Privacy Policy and confirm their acceptance. The order request process ends with the selection of the desired payment method and the confirmation of sending orders through the appropriate button. By sending the order from the Website, which has the value of a contractual proposal, the Customer recognizes and declares that he has reviewed all the information given to him during the purchase process, made visible on the site with text box and its mandatory checkbox, and to accept in full the present General and payment terms transcribed, in fact expressly accepted by slashing the relevant checkbox (i.e. placing the check mark to the box where these general conditions are indicated) , without which the sales process does not continue). It also states that it consents to the processing of your personal data as indicated in the Privacy Statement, even if made visible by text field with the same mandatory checkbox. The contract between Burnìa S.R.L.S. and the Customer must be concluded and finalized with the acceptance of the order by Burnìa S.R.L.S. This acceptance is communicated to the Customer through an email confirming the order itself containing attached the current General Terms, the confidentiality statement, the order number, the shipping and invoice data, the list of Products ordered the total price, including the delivery costs and the amount of value added tax (VAT). You will check the confirmation email and if you find any errors in your order you will have 24 hours from receiving that email to contact Customer Service directly from the Site using the appropriate contact form or by phone. After this period the order will be put into process for shipping and no more changes will be accepted, without prejudice to the rights of the Customer referred to in the next article 7. When the burnìa S.R.L.S. order is received, it will check the availability of the items in stock for the fulfillment of the order. In the event that one or more Products are not available, Burn S.R.L.S. Customer Service will promptly notify you by emailing you, which, within the next 12 hours, will have the right to respond to confirm the shipment of any additional Products available or cancel it. If there is no response within that time, the order will be considered confirmed and the available Products will be shipped. If only a few Products are in stock, Burnìa S.R.L.S. will fulfill the order with the Available Products. In either case, the amount for Missing Products will be reversed immediately depending on the payment method you choose.

In accordance with the current rules of the Italian Republic, the sale of alcoholic beverages is only allowed to consumers who are 18 years of age. The user of Burnìa S.R.L.S. who, by purchasing alcohol items, confirms the acceptance of these terms of sale, declares under his responsibility to have the age requirements required by law.

PRICES AND SHIPMENTS

• ITALY: The prices of the products are understood to include all taxes and taxes. All prices are expressed in Euro. All products are packed with the necessary precautions to receive maximum protection from shocks and temperature fluctuations. Shipping costs are free for all orders placed in Italy but for orders over 79.00 euros.
• EUROPE (Austria, Belgium, Denmark, France, Germany, Holland, Spain): The prices of the products are understood to include all taxes and taxes. All prices are expressed in Euro. All products are packed with the necessary precautions to receive maximum protection from shocks and temperature fluctuations. Shipping costs for all orders placed in Europe cost € 29.90.

HOW TO PAY

The customer can pay the price of the Products and their delivery costs through Paypal and bank transfer.

• PayPal: Once the order is confirmed, you will be redirected to the PayPal website where you can make the payment with your account or using a card, even prepaid, or in any case according to the manner accepted by Paypal and in accordance with the relevant conditions. The costs of Paypal fees are obviously borne by the customer.
• Bank transfer: registered to Burnìa S.R.L.S. IBAN: IT33K0895281880000000155253. The costs of bank fees are obviously borne by the customer.

SHIPPING AND DELIVERY

The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase process in the appropriate section “addresses” All purchases will be delivered by express courier (below, “Corriere”) from Monday to Friday, excluding holidays and national holidays. Burnìa S.R.L.S. is not responsible for delays that are not foreseeable or not attributable to it. Once the Products have been shipped, the customer will receive a confirmation email that will include a link, if available, to be referenced for tracking the shipment. In any case, unless force majeure or fortuitous, the products ordered will be delivered within an indicative period of at least 4 (four) maximum 15 (fifteen) working days from the day after the day after Burnìa S.R.L.S. confirmed the order to the Customer via a special order confirmation email. The service provides for 1 delivery attempt at the address indicated at the time of the order. After the step, an alert will be left. If the recipient is untraceable or is absent, exceeding the period of stock allowed by the carrier, the goods will return to the warehouse. The seller is not liable for non-collection of the package in stock, which may not be a reason for complaint and/or refund. If the customer wants the undelivered goods again and return to the seller’s warehouse, they can request a new delivery (by PEC and/or racc. a/r – PEC burniasrls@pec.it; Burnìa S.R.L.S. Via Santa Teresa 1 – Mazara del Vallo (TP) – 91026 – no later than 30 days after the return of goods to the seller) subject to payment of other shipping costs. It is understood that the seller will not be in any way liable for delays in shipments if less than the 30-day deadline provided by art. 61 paragraph Consumer Code.

RIGHT OF WITHDRAWAL – COMPLAINTS

The Customer has the right to withdraw from the purchase agreement for any reason, without the need to provide explanations and without any penalty, except for the cases of exclusion provided for the subsequent points. In order to exercise this right, the Customer must send Burnìa S.R.L.S. a notice no later than 14 days from the date of receipt of the products, and then return them in the manner that is subsequently available. In the event that the person making purchases on the Site requires the issuance of an invoice and/or in any case is not a “consumer or user” as defined in art. 3, paragraph 1, lett. (a), of the Code of Consumption, will not apply the rules of withdrawal or, more generally, the forecasts that under the same Code of Consumption apply only to “consumers”. This communication should be sent by a recommended letter A/R, addressed to: “Burnìa S.R.L.S.” – Via Santa Teresa 1, 91026 Mazara del Vallo (TP) Italy. Once the notice has been received, Burnìa S.R.L.S. Customer Service will open a sales policy and inform you of the instructions on how to return the Products, which will be done by courier indicated by Burnìa S.R.L.S. itself.

In the event of the exercise of the right of withdrawal Burnìa S.R.L.S. will reimburse the customer the full amount of the goods returned, excluding return costs, in the terms of which infra, always stop the right of Burnìa S.R.L.S. to suspend the payment of the refund until the actual receipt of the goods and after check of the integrity of the same (see infra). The refund will be made using the same payment method used by the Customer, unless the customer has expressly requested a different method. In the case of a transfer or payment in the name of the bank, it will be the care of the customer to provide the bank details on which to obtain the refund (the owner of the account, name and address of the Bank and IBAN).

Once the notice of withdrawal has been received, Burnìa S.R.L.S. Will open a return management practice and inform the customer of instructions on how to return the Products that must be received at the seller’s warehouses within 14 days of authorization. The refund will be made in the 14 days following the return of the purchased goods, with the following clarifications:

The shipping costs related to the return of the property are borne by the customer.
The shipment, up to the certificate of receipt in our warehouse, is under the complete responsibility of the customer.
Burnìa S.R.L.S. does not respond in any way for damage or theft/loss of goods returned with uninsured shipments; therefore, no refund will be made if the returned goods do not return to the seller’s warehouses.
In the event of damage to the property during transport, Burnìa S.R.L.S. will notify the customer of the incident (within 5 working days of receiving the property in its warehouses), to allow him to file a complaint against the courier he chose and obtain a refund of the value of the property (if insured). In this case, the product will be made available to the customer for its return at the same time canceling the request for withdrawal.
The right of withdrawal totally decays, for lack of the essential condition of integrity of the asset (packaging and/or its content), in cases where Burnìa S.R.L.S. you will check out:
The lack of the outer packaging and/or casing containing the purchased product;
Damage to the product for reasons other than transport;
In the event of a waiver of the right of withdrawal, Burnìa S.R.L.S. will return to the sender the purchased asset, charging the same shipping costs.

If the customer wishes to exercise the right of withdrawal for goods not yet received due to delays in delivery dependent on the carrier, the refund will be made within 14 days from the time the carrier is ready to return delivery to the sender. In case of lost package, the 14-day deadline to make the refund will start from the 30th day after the departure of the purchased goods.

In addition to the above cases (non-consumer customer and/or requesting the invoice), the right of withdrawal is excluded in the following cases, under art. 59 d.lgs 21/2014:

order of custom-made or clearly customized products;
order of products that are likely to deteriorate or expire quickly;
sealed products that do not lend themselves to be returned for hygiene or health protection-related reasons and/or that have been opened after delivery.
With regard to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that “risk deteriorating or expiring rapidly” include all food products (incussive wines, spirits and beverages), as the characteristics and qualities of such types of Products are subject to alteration even as a result of inappropriate storage. Therefore, for hygiene and customer protection reasons, the right of withdrawal is applicable only for products purchased on the Site that can be returned to Burnìa S.R.L.S. and put back on the market without danger to the health of consumers (such as books, gadgets, kitchen utensils, etc.). If the customer also intends to make goods excluded from the right of withdrawal (under Article 59 lett. b) Dlgs 21/2014), Burnìa S.R.L.S. will refuse the package and/or return the Products to the Customer, charging him, in this case, the new shipping costs.

For each complaint and/or report and/or request for information you can contact the seller of the products as well as the owner of the site burnia.eu, company “Burnìa S.R.L.S.” based in Via Santa Teresa, 1- 91026 Mazara del Vallo (TP) – P.IVA 02715020810 registered at CCIAA Trapani n. Rea TP-191777 , in person of amm.re Cancemi Mariangela, tel and fax 370-1402326, email burniasrls gmail.com PEC burniasrls@pec.it