General Terms & Conditions
- Introduction and Effectiveness of General Conditions
These general terms and conditions of sale (hereinafter the “General Conditions”) re applicable to all purchases of products on this Website www.rippota.it (hereinafter, the site”).
The seller of the products and owner of the Site is: LA FATTORY SRL with registered office at Via III Settembre, 99 – 47891 Dogana, San Marino COE SM26728. E-mail address: email@example.com (hereinafter RIPPOTAI)
The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions which have been made available on the website and which will be available at any time for the Customer.
In the event that the person who makes purchases on the website requires the issuance of an invoice and / or in any case is not a “consumer or user”, the discipline of withdrawal pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that apply only to “consumers” will not apply.
The contracts concluded with RIPPOTAI through the website are governed by these General Conditions in compliance with the San Marino and Italian legislation. The language available to conclude the contract is Italian.
- Choosing and ordering the products
The characteristics and the price of the various products on sale on the website (hereinafter “Product” or “Products”) are shown on the page relating to each Product.
By sending the order from the website, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the indications provided during the purchase procedure and to fully accept these transcribed General Conditions and payment terms.
The contract stipulated between RIPPOTAI and the Customer must be considered concluded with the acceptance of the order by RIPPOTAI. This acceptance is communicated to the Customer via an order confirmation email containing the order number, shipping and billing information, the list of Products ordered with their essential characteristics and the total price, including the expenses of delivery. The Customer will check the confirmation email and if he identifies errors in the order he will have 12 hours from the receipt of this email to contact Customer Service: by writing an email to firstname.lastname@example.org or by calling from Monday to Friday at 10 am , 00-13.00 16.00 – 18.00 on the number +378 0549 963757. After this deadline the order will be processed for shipment and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in next article 7.
Once the order has been received, RIPPOTAI will check the availability of the stock to fulfill the order. In the event that one or more Products are not available, the RIPPOTAI Customer Service will promptly send an email to the Customer who, within the next 12 hours, will have the right to reply to confirm the shipment of any other available Products or cancel it. In case of no reply within this deadline, the order will be considered confirmed and the available Products will be shipped. If only a few Products are not in stock, RIPPOTAI will process the order with the available Products. In both cases, the amount for the missing Products will be immediately refunded depending on the chosen payment method.
- Information on the products
The information and characteristics relating to the Products are available on the Website.
The visual representation of the Products on the website, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be fully representative of its features and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
- Prices and shipments
Product prices do not include all taxes and duties. Rippotai is not responsible for customs, taxes, import duties, brokerage or any additional charges by your local government, these are the responsibility of the recipient.
All prices are in Euro.
Shipping costs are applied per order. The exact shipping costs depend on the country to which your order is shipped.
5.Payment methods and Invoicing
5.1 Payment methods
The Customer can pay the price of the Products and the relative delivery costs by PayPal, credit card and wire transfer.
Once the order is confirmed, you will be redirected to the PayPal site where you can pay with your account or by using a card, including a prepaid card. The order is processed as soon as the payment is credited to us.
During your order you can select the Credit Card as a payment method and follow the procedure for payment with your card in total serenity. The transmission of payment information takes place through the highest security standard, guaranteeing maximum reliability.
At the time of purchase you will be notified of our references to make the transfer.
You have 3 days to make the payment before the order expires. We will send the order only if the sum is credited.
Generally the procedure takes at least a couple of days to influence delivery times.
Details for wire transfer:
c/c: LA FATTORY S.R.L.
Bank: BANCA AGRICOLA COMMERCIALE DELLA REPUBBLICA DI SAN MARINO
Purpose: the Customer shall indicate in the wire transfer purpose the date and the order number which he can find on the confirmation e-mail (i.e. “Order 01/01/14 n. 100012345”).
5.2 Oder invoicing
During the ordering procedure, you will be asked to enter your billing information including tax code and / or VAT number. The invoice will be sent via email to the address indicated by the Customer. The Customer is responsible for the correct entry of the billing information.
- Shipping and delivery
The Products purchased on the website will be delivered to the address indicated by the Customer in the “Shipping Information” field during the purchase procedure.
All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. RIPPOTAI is not responsible for unforeseeable delays or not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link and a tracking code to track the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within a range period of 5 (five) – 10 (ten) working days starting from the day after on which RIPPOTAI confirmed the order shipment via e-mail of order confirmation.
Delivery services active in Italy:
- Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without needing to provide explanations and without any penalty, except in the cases of exclusion provided for in the following point IV. To exercise this right, the Customer must send RIPPOTAI a notice within 14 days from the date of receipt of the Products: by writing an email to email@example.com.
This communication must be sent by registered letter with return receipt addressed to:
LA FATTORY SRL
VIA III SETEMBRE, 99
47891 DOGANA – San Marino
The Customer Service of RIPPOTAI will provide, once received the communication, to open a file for the management of the return and to communicate to the Customer the instructions on how to return the Products.
The right of withdrawal is governed by the following conditions:
- The right applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.
- In case of exercise of the right of withdrawal RIPPOTAI will reimburse the customer the full amount of the returned goods, within 14 days from the date on which the withdrawal notice was received, without prejudice to RIPPOTAI’s right to suspend payment of the reimbursement until the goods are actually received. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer it will be the Customer’s responsibility to provide the bank details on which to obtain the reimbursement (account holder, name and address of the Bank and IBAN).
III. Also in order to be able to guarantee the return free of charge pursuant to article 8 below, the Products must be returned in the same box in which they were received.
- In addition to the cases indicated in the Introduction (customer not a consumer and / or requiring an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
– order custom made or clearly personalized products;
– order for Products that are likely to deteriorate or expire rapidly;
– order for sealed products that do not lend themselves to being returned for hygienic reasons or connected to health protection or that have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that all the Products (including wines, spirits and beverages) are among the Products that “risk to deteriorate or expire rapidly” as the characteristics and the qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage. Therefore, for hygienic and customer protection reasons, the right of withdrawal is only applicable for Products purchased on the Site which can be returned to RIPPOTAI and put back on the market without endangering the health of consumers.
In the event of exclusion of the right of withdrawal, RIPPOTAI will return the purchased Products to the Customer, charging the shipping costs to the Customer.
Where goods are not being returned due to their being faulty (or quality related issue), you will be required to meet the cost of direct transport, return of the product to Rippotai. All returns are addressed to our Warehouse based in San Marino.
- Warranty and faulty products
The warranty for Rippotai Products applies to defects in materials and workmanship for a period of 90 days from the date of delivery of the Products to you. Products which you have reason to believe are defective as regards materials and workmanship, should be photographed and Customer Services should be contacted immediately. If, the products are deemed to be defective due to material or manufacturing defects from these photos, the products shall be repaired, be replaced or the purchase price and original costs of delivery refunded. Your rights under applicable law governing the sale of consumer goods remain unaffected by the warranty given in this article.
In case of defective Products sold by RIPPOTAI, the Customer must immediately contact the Customer Service: by writing an email to firstname.lastname@example.org or by calling from Monday to Friday from 10.00 to 13.00 16.00 to 18.00, 00 to the number +378 0549 963757.
The sale of the Products is subject to the legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code. The Customer loses these rights if he does not report to RIPPOTAI faulty product within two months from the date on which he discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiry in a term shorter, in which case the defect must be reported within this reduced period.
- Intellectual Property Rights
All logos, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of “Rippotai”(the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners.
You shall not to tamper, alter, detract from or otherwise change any of the Marks on the products. We retain all intellectual property rights in the products and you undertake that you shall do nothing which may damage, detract from or otherwise harm RIPPOTAI’s ownership in and/or the value of such intellectual property rights. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
- Errors and limitations of liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which RIPPOTAI cannot be held responsible, except in cases of willful misconduct or gross negligence.
RIPPOTAI reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the Customer’s rights pursuant to these General Conditions and the Consumer Code.
In no event shall RIPPOTAI be liable for any indirect, incidental or consequential damages of any kind, whether for breach of any warranty or otherwise. In no event shall our aggregate liability to you arising under or in any way related to your purchase order, the transaction to be entered into pursuant to it or these Terms and Conditions exceed the total amount paid by you for the products purchased. For the avoidance of doubt, nothing contained herein shall limit RIPPOTAI liability for death or personal injury arising out of its negligence or for fraudulent misrepresentation.
Except in the case of fraud or gross negligence, any right of the Customer to compensation for damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or property, caused by the failed acceptance or evasion, even partial, is excluded, of an order.
RIPPOTAI promotes the responsible consumption of alcoholic beverages and excludes any liability at its own expense, except for fraud or gross negligence, in the case of purchases made by minors under 16 years.
Any complaint must be forwarded to RIPPOTAI by contacting Customer Service: by writing an email to email@example.com or by calling from Monday to Friday from 10.00 am to 1.00 pm to 4.00 pm to 6.00 pm on +378 0549 963757 . or directly from the Site using the appropriate contact form accessible through the Assistance page, or by registered letter to the following address:
LA FATTORY SRL
VIA III SETTEMBRE, 99
47891 DOGANA – San Marino
RIPPOTAI undertakes to reply to all requests received within a maximum of 7 working days.
- Governing Law And Jurisdiction
These Terms and Conditions and the transactions governed by these Terms and Conditions shall be exclusively governed and construed according to the laws of San Marino. Any disputes relating to or arising out of these Terms and Conditions and/or any transactions governed by these Terms and conditions will be exclusively submitted to the competent court of San Marino.