TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale (“Terms”) govern the offer, submission and acceptance of purchase orders for our products (“Products”) placed through badspirits.co.uk (“Site”), as well as the delivery within Italy (excluding the Livigno, and Campione d’Italia areas) of the Products so purchased. Before placing an order, please read these Terms carefully, confirm that you have read them and accept them unconditionally. The Conditions, together with your Order Confirmation, form an integral part of your contract with Bad Spirits Company Srl for the purchase of the Products you have selected. The contract can be changed only by mutual agreement reported in writing or by e-mail. Bad Spirits Company Srl reserves the right to modify, supplement or simply update the Conditions. Changes will be notified to users on the home page of the Site and will be binding from the time of their publication. If you have any information or concerns, you can contact our Customer Service Department or consult the “FAQ” area.
1. PRODUCT-RELATED INFORMATION
All Products are presented on our Site by means of a “product sheet” showing their technical characteristics. Any information, images or content are for information purposes only. Again, if you have any information or concerns, you can contact our Customer Service Department. Any information pertaining to the Products on the Site may be changed by us at any time without notice. Such changes will, of course, not affect Orders that you have already transmitted and that have already been accepted by us in the manner and form set forth in Art. 2 which follows.
2. HOW TO COMPLETE AN ORDER
You can place an Order only if you are of legal age. Proceed preliminarily by choosing the products you want to purchase, and complete the verification procedure. Enter your personal and payment information. If you are already registered you will need to log in with your personal account. If you are not yet registered you will need to proceed with registration. Orders should be complete, so be careful to enter all required information correctly. By submitting your order, you confirm that you are familiar with these Terms, that you accept them unconditionally, and that you agree to abide by them. Otherwise, your order cannot be accepted. When you place an order, you place an offer to purchase the Products you have selected. Orders are subject to verification of Product availability and are subject to our acceptance. We reserve the unquestionable right not to accept your order if:
• You have provided incorrect personal information;
• The products ordered are not available;
• There is an error on the site regarding the products you ordered (such as an error regarding the price or description of the products);
• The order is incomplete or not understandable.
Should Bad Spirits Company Ltd. deem your order unacceptable, you will be contacted by e-mail or telephone. Together we may correct incorrectly entered information, or we may suggest alternative products in case of unavailability or error concerning the products you selected. If you do not like our suggestions, we will either cancel your order or we will deliver only the products available and refund you within 30 (thirty) days of your order those that we cannot supply and for which you have already made payment. Following your order, we will send you an e-mail summarizing the information contained in the order (quantity purchased, price and delivery terms). This email does not represent acceptance of your order. We will send you a second e-mail to confirm that the products you ordered have been shipped.
3. PRODUCTS NOT AVAILABLE
If the products on the Site are no longer available at the time you place your Order and we are unable to send you the ordered Products within 30 (thirty) days from the date of your Order, we will contact you by email to ask if you wish to cancel your Order in whole or in part. In case of cancellation we will refund what you have already paid in advance. Should you fail to meet our request, after 7 (seven) days have elapsed unnecessarily, we will cancel your entire Order and refund what you have already paid in advance.
4. INDICATION OF PRICES OF PRODUCTS
The prices of the Products are shown on the Site, are in Euros and include VAT. Prices are subject to updates. Any changes, however, will not affect your order if it has already been accepted by us and for which we have already sent you a shipping confirmation. Shipping costs, unless otherwise provided, are your responsibility. The system will inform you of costs that will depend on the value of your order.
5. PAYMENT METHOD
To pay for purchased products and related shipping and delivery charges, you may choose different payment methods (e.g., Credit Card, PayPal, etc.) that you will find listed on the Site. In case of payment by your credit card you will have to provide all required data. We will wait for your credit or debit card issuer to authorize the transaction before accepting your order and sending you the purchased products. If you intend to make the payment through PayPal, you will need to log in to your account with your e-mail and password to confirm the payment. In any case, shipping will take place when payment is finalized. If we do not receive payment within 30 days of your order date, we will cancel your order and send you an email confirming the order cancellation.
3D SECURE 2.2
The new 3D Secure 2.2 protocol, adopted by major international circuits (Visa, MasterCard, American Express), introduces new authentication methods that can improve and speed up the cardholder’s shopping experience. Specifically, the new protocol enables more information to be exchanged between the merchant and the card issuer so that the risk of the transaction can be better assessed, simplifying the customer’s shopping experience and improving the conversion rate at check out. In many cases, the information retrieved from the buyer’s device and the additional information passed by the merchant will be sufficient to authenticate the cardholder transparently, without further interaction. In some cases, however, for transactions with higher risks, active client authentication will be required.
6. SHIPPING OF PRODUCTS AND TRACKING OF ORDER STATUS
Products purchased through the site may only be shipped within Italy (excluding the Livigno and Campione d’Italia areas). You will be responsible for related expenses. We will proceed to ship the products only after we receive payment for your order. Upon successful delivery of the products to the courier, you will be sent an e-mail confirming the shipment of your order. You will always be able to monitor the status of your order by following the link in the e-mail that our courier will send you as soon as he takes your order.
7. RETURNS AND REFUNDS – RETURNS POLICY
If, for any reason, you need to return purchased products, please read the “Returns and Refunds” section carefully.
8. YOUR RIGHT OF WITHDRAWAL
Our goal is to ensure your complete satisfaction. If for some reason you are dissatisfied with your order or you have simply changed your mind after we sent you our confirmation of the order apening by e-mail, you may exercise your right of withdrawal without penalty if the products are not customized and the following conditions are fully met: a) Notice of withdrawal must be communicated to us within 14 (fourteen) working days from the date of delivery by completing the appropriate form within the Contact section of our website. b) The Products must be returned in the manner set forth in the Returns Policy and in any event within 14 (fourteen) days of the notice of withdrawal. Return costs remain your responsibility. We will provide a refund as soon as possible and in any case no later than 14 (fourteen) days from the date you exercised your right of withdrawal and provided that the withdrawal was made in accordance with these Conditions. Please be advised that we may withhold your refund until we have received the goods or you have sent proof of shipment of the goods. The right of withdrawal is excluded for customized goods.
9. LIMITS TO OUR RESPONSIBILITY
These Conditions govern all obligations and responsibilities related to the supply of the products. In cases not expressly contemplated herein, we do not recognize any warranty, condition or other term that is binding on us with respect to the supply or delivery of the products.
10. PRIVACY
Regarding the processing of your personal data, please read carefully the information you will find in the Privacy Policy section.
11. INTELLECTUAL PROPERTY
The contents of the site, the trademark Bad Spirits Company Srl, as well as all trademarks, whether figurative or otherwise, and all other distinctive signs, illustrations, images and logos appearing on our products, accessories or packaging, whether registered or not, are and remain the exclusive property of Bad Spirits Company Srl. Reproduction, in whole or in part, as well as modification or use of such trademarks, illustrations, images and logos, for any reason and by any means, without express written consent is prohibited.
12. EXCLUSION OF LIABILITY – MAJOR FORCE
Should force majeure events (without limitation, natural disasters, explosions, floods, fires, or accidents; war or civil unrest; strikes, labor unrest, or work stoppages; any form of governmental intervention; action or omission committed by a third party; default by our suppliers; errors in delivery address or failure to notify changes pertaining thereto, or failure to pay) result in delay or failure to fulfill your order, Bad Spirits Company Srl shall not be held liable. We will be sure to inform you of any unforeseen event as soon as possible, and we will endeavor to still fulfill our obligations as soon as possible. Should this interruption exceed 15 (fifteen) days, you will have the right to cancel the order resulting in a refund of the amount you have already paid.
13. APPLICABLE LAW
These Conditions are governed by Italian law and in particular by Legislative Decree No. 6 September 2005; 206 on the Consumer Code as amended to implement Directive 2011/83/EU, with specific reference to the regulation of distance contracts.
14. CONTACTS
If you have any questions regarding these Terms, our products, or your order, you may contact Customer Service.