The owner of the site www.birraeretica.it is Birra Eretica s.a.s. di Ilario Limonta & C. based in Ornago (MB) 20876, Via Libero Grassi 19.
The contract stipulated between Birra Eretica and the Customer must be considered concluded upon acceptance, even partial, of the order by Birra Eretica. This acceptance is considered tacit, unless otherwise communicated by any means to the Customer. By placing an order with any of the various methods made available by Birraeretica.it, the Customer declares to have read all the conditions presented to him during the purchase procedure, and therefore to fully accept the general conditions and payment methods reported below.
In the event that the Customer is a consumer (i.e. a natural person who buys goods and services on Birra Eretica, for purposes not attributable to his professional activity), once the online purchase procedure has been completed, he must provide to save on their digital device or print an electronic copy of these general conditions of sale, as required and in compliance with articles 3 and 4 of Legislative Decree 185/1999 on distance selling.
Any right of the Customer to compensation for damages and/or compensation is excluded and there are no contractual or extra-contractual liabilities for direct or indirect damages to persons, things and/or animals, caused by the non-acceptance of an order, even partial.
The Customer, entitled according to the laws in force in the purchasing territory, once approved on Birra Eretica can purchase all the products in the electronic catalog at the time of placing the order and in any case viewable at the URL https://www.birraeretica.it, as presented and declared in the relevant information sheets. It is understood that the images in the description of a product may differ from the purchased product and not be perfectly representative of its real characteristics, and therefore differ in size, model and/or color, and other details. The information on Birraeretica.it, to support the purchase (photos, product details, product sheet, description, etc.) are intended as generic information material and may not refer to the actual characteristics of the product.
The receipt of an order and the correct transaction is confirmed by Birra Eretica through an e-mail reply which will be forwarded to the e-mail address communicated by the Customer during the registration phase on the site or during the confirmation phase. This confirmation message will contain the buyer's data, the date and time of execution of the order, a «Customer Order Number», and the list of products purchased. These data can be used for any subsequent, further communication with Birra Ereticat. The confirmation email summarizes all the data entered by the Customer who is required and undertakes to verify its correctness and to promptly notify Birra Eretica of any inaccuracies in order to correct the incorrect data, according to the methods set out in this document.
In the eventuality that Birra Eretica does not accept an order from the Customer, an e-mail will be promptly sent to the address issued by the Customer.
The following payment methods are envisaged:
The goods ordered by the Customer will be kept busy until receipt of the proof of payment, no later than 5 working days from the order acceptance data. Birra Eretica will ship the ordered products only when the amount due is actually credited to the account of Birra Eretica which must in any case take place within 7 working days from the date of acceptance of the order, under penalty of cancellation. acceptance by Birra Eretica of the order placed by the Customer.
In the case of payment of an order with Paypal, the amount by the customer at the time of the transaction (which must correspond to the total of the order) will be charged by Birra Eretica.it when the order is taken into account.
In the eventuality that the Customer decides to cancel the order or in the event that the order is not taken over by Birra Eretica, the amount paid by the Customer, relating to the payment of the goods contained in the order, will be re-credited to the customer's Paypal account as quickly as possible and in any case always referring to the re-credit times provided by Paypal and/or the banking system. Under no circumstances can Birra Eretica be held responsible for any direct or indirect damage caused by the delayed re-credit.
Birra Eretica, in order to determine the ownership of the Paypal account and always in the interest of its users, reserves the right to request additional information from the Customer. In the absence of the requested data or inaccuracy in the requested data, Birra Eretica reserves the right to cancel the order.
The staff and collaborators of Birra Eretica are not aware of the data relating to Paypal accounts at any time during the purchase and/or transaction phase. Under no circumstances can Birra Eretica be held responsible for any theft of data, fraudulent and undue use by third parties, or any other offense that could occur during the payment phase for products and services purchased on Birra Eretica.
In case of payment by bank transfer, the reason must include:
Currently Birra Eretica accepts orders from the Italian territory only. If you are interested in executing orders from different countries, please contact Birra Eretica.
For each shipment of the goods, Birra Eretica will issue a regular receipt or invoice, which will be forwarded via email or in paper form to the person in charge of the order, as per art 14 D.P.R. 445/2000 and DL 52/2004. For the correct issue of the invoice, the data acquired by Birra Eretica, released during registration by the Customer and during the order phase, will be valid. After the issue of the invoice, Birra Eretica will not be able in any way to make changes and/or corrections.
The shipping costs applied are presented when the order is finalized.
Delivery will take place on the street level by the courier designated by Birra Eretica. At the time of delivery, the customer is required to check that:
In the eventuality that the packaging had been delivered with obvious damage or the number of packages does not correspond to what is stated on the transport document, the Customer must immediately contest the delivery, clearly reporting on the courier's proof of delivery «control reserve» indicating specifically the reasons, (for example: for wet packaging, for laundry packaging, etc.). Otherwise, if the customer does not contest the delivery in the manner described above, he will not be able to make any objection at a later time.
In any case, the customer will have 7 days to report to Birraeretica.it any problems with the integrity of the goods, as reported above.
The courier will deliver to the address indicated during the purchase. In the event that the courier fails to deliver during the first attempt, he will leave a notice of attempted delivery and will retry a second passage the next day. In the event that it fails to deliver at the second passage, the courier will keep the material at its warehouse for max. 5 days, maximum time for the Customer to collect the material from the courier's warehouse. After 5 days, the material will return to the Birra Eretica.it warehouses. Any storage costs will be borne by the customer.
Under no circumstances may the Customer be liable of any kind to Birra Eretica.it in the event that the order should be processed or delivered late.
As required by art. 5 DL 185/1999, if the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating VAT number in the appropriate fields during registration or conclusion purchase on the Birra Eretica platform), will have the right to withdraw from the purchase contract for any reason, without any need, to provide explanations and, without any type of penalty, except as indicated in point 16.1.
To withdraw from the contract, the Customer must send a written communication to Birra Eretica within 10 days working from the date of delivery of the goods. This communication must be sent by e-mail (to the address firstname.lastname@example.org) to be sent within the maximum term of 10 days. Birra Eretica, having received the communication, will communicate to the Customer the methods and instructions for returning the material and making the return. The material must arrive at the Birra Eretica warehouses within 10 days from the acceptance of the return.
The goods must be returned intact to the Birra Eretica warehouses in their original packaging, complete with all parts, any envelopes and boxes for packing, packaging, etc.) and perfectly sealed.
The right of withdrawal is subject to the following conditions:
In the event that the goods are damaged during transport to its warehouses, Birra Eretica will promptly notify the customer (within 5 days of receipt of the returned goods in its warehouses). Under no circumstances will Birra Eretica respond in the event that the returned goods are lost, stolen or damaged during transport to their warehouses, with uninsured shipments.
Once acceptance has been made, Birra Eretica will examine the returned goods to assess the state of the goods and any damage occurred during transport. In the event that the returned goods are damaged, Birra Eretica will be forced to withhold a sum evaluated during the examination, as a contribution for the restoration, from the refund that will be made on the Customer's account.
Birra Eretica will refund the amount due within 14 days from the return of the goods at the Birra Eretica warehouses, by bank transfer, to the current account indicated by the customer when requesting the return of the goods.
The holder of the current account must coincide with the holder of the invoice and indicate IBAN and Agency name.
The Data Controller is Birra Eretica S.a.s., Via Libero Grassi 19 Ornago (MB).
The sales contract between the customer and Birra Eretica is subject to Italian jurisdiction and regulated by Italian law. For civil and criminal disputes, the reference forum will be Monza.