I. CONDITIONS
These General Terms and Conditions of Sale (“Conditions”) govern the sale of products and services through the Site and constitute an integral part of every Sales Contract (“Contract”) concluded via the internet between:
AWB Srl VAT No.: 08999090726 Tax Code: 08999090726 and

• The Seller and any party purchasing products or services from the Site www.botromagno.it (the “Site”)
• The Customer –
  • Any purchase Order placed at www.botromagno.it is governed by these Conditions, without prejudice to the Seller’s right to apply different and specific conditions.
    The applicable Conditions are those in force at the time the Order is placed.
  • AWB Srl reserves the right to modify these General Terms and Conditions of Sale at any time, without prior notice.
  • These Conditions do not govern the sale of products or the provision of services by parties other than the Seller, which may be present on or linked to the Site through links, banners or other connections.

With respect to such sales or provision of services, any form of liability on the part of the Seller is therefore excluded.

II. ORDERS

1. The Customer undertakes, before confirming their Order, to read these Conditions and accept them by ticking the appropriate checkbox.
   By placing an Order through the Site, the Customer warrants both that they have the legal capacity required to enter into binding contracts, and that they are at least 18 years of age.
   Customers placing Orders through the Site accept the Terms and Conditions as set out below.
2. The Seller offers its products for sale within the limits of stock available at the time the purchase Order is placed. Orders may be subject to minimum or maximum quantity restrictions.
3. The Customer may only purchase products listed in the Site’s electronic catalogue at the time the Order is submitted, as described in the relevant product information sheets.
   Product information on the Site, such as technical specifications, images, dimensions or compatibility details, is non-binding and may be subject to change at any time.
4. The technical steps for placing an Order are clearly set out in the sequence of pages on the Site, through explanatory text and graphics.
5. By clicking “Confirm Order”, the Customer submits to AWB Srl a contractual purchase proposal relating to the items in the Shopping Cart.
   Receipt of the Order does not constitute acceptance of the contractual purchase proposal.
6. To complete the Order, the following formalities must be successfully completed:
   1. reading and acceptance by the Customer, via “point and click”, of these Conditions;
   2. completion in electronic format by the Customer – by entering all required data – of the Order Form, which contains a summary of the essential characteristics of each selected product or service and the relevant price; the payment method chosen by the Customer; the delivery arrangements for the purchased products; shipping and delivery times and costs; the conditions for exercising the Customer’s right of withdrawal and for the application of the legal guarantee of conformity; and the methods and timeframes for returning purchased products;
   3. payment to the Seller of the price of the product(s) purchased by the Customer, including shipping and delivery costs;
   4. automated electronic transmission to the Seller of the aforementioned Order Form;
   5. electronic receipt by the Seller of the aforementioned Order Form. Placing the Order constitutes the Customer’s express acknowledgement of the obligation to pay.

7. Correct receipt of an Order is confirmed by AWB Srl via email to the email address provided by the Customer.
   This confirmation is generated automatically by the system and cannot in itself be considered acceptance of the Order, but only confirmation of its receipt.
   The confirmation email reiterates all data entered by the Customer, who undertakes to verify its accuracy and to promptly notify any corrections.
8. Upon receipt of an Order, AWB Srl will verify the availability of the ordered products and, only after such verification, will communicate its acceptance of the Order by sending the Customer an Order Acceptance Receipt.
   The Contract is concluded upon the Customer’s receipt of the Order acceptance in the form of a Receipt sent by AWB Srl, or, in the absence of such acceptance, upon delivery of the items subject to the Order.
   Once the Order Acceptance Receipt has been sent to the Customer, it will no longer be possible to modify or cancel the Order, without prejudice to the right of withdrawal under the terms and conditions set out in Section VI of these Conditions.
9. If AWB Srl is unable to fulfil a received Order, it will promptly notify the Customer, and in any case prior to sending them the Order Acceptance Receipt, subject to the provisions of the following art. 14, paragraph 2.
   In any event, AWB Srl reserves the right, at its sole discretion, to refuse an Order, to set purchase limits and to require advance payment.
   Each Contract shall cover exclusively the products expressly and specifically indicated in the purchase Order.
   Any form of contractual or non-contractual liability arising from the non-acceptance of an Order is hereby excluded.
10. The Seller shall have the right not to proceed with purchase Orders placed in accordance with the foregoing provisions, in the event that the Customer has not made payment for the products; or in the event that the Customer’s details are incomplete and/or incorrect; or in the event that the ordered products are unavailable, even temporarily. Should the Seller not proceed with a purchase Order placed by the Customer, the Seller will promptly inform the Customer by email and will arrange to refund any amounts already paid by the Customer.

III. PAYMENT OF THE PRICE

1. The price of the ordered products is that in force on the day the Order is placed and must be paid to the Seller in accordance with the preceding article 10, letter c).
   Shipping costs are not included in the purchase price, but are indicated and calculated at the time the Order is completed and before payment is made.
   Unless otherwise specified, all prices shown on the Site are inclusive of VAT.
   Botromagno srl reserves the right to modify prices at any time without prior notice, unless the Customer’s Order has already been confirmed by the Seller pursuant to art. 12.
   In the event of a price change after the Customer has submitted the Order but before the Seller’s confirmation, the Seller will promptly notify the Customer by email of the new price, who may accept the change or refuse it and consequently withdraw the Order at no additional cost.
   Acceptance of the change must be communicated to AWB Srl by email or fax within 7 days of notification. Otherwise, the change will be deemed tacitly refused and the Order will be considered cancelled.
2. The Customer may pay for ordered products using one of the payment methods indicated on the Site.
   In the case of payment by credit card, the purchase amount will be charged to the Customer upon completion of the Order on the Site.
   In the case of cash payment, the Order amount will be charged to the Customer at the time of product delivery.
   In the case of payment by bank transfer, the Customer will receive the bank details attached to the Order Form: the Order will only be processed upon receipt of the payment by the Seller.
   The relevant financial information will be managed exclusively by payment circuits or the credit institution.
   Such information may be used by the Seller solely to complete payment procedures for products or services, or to issue refunds following the Customer’s exercise of the right of withdrawal as set out in Section VI of these Conditions.

IV. SHIPPING AND DELIVERY OF PRODUCTS

Italy — Shipping times: 48/72 hours
Italy — Free shipping on orders over €120
For orders under €120:
from €9.90 in Italy

Orders are processed from 9:00 to 17:00, Monday to Friday. Orders placed after 17:00 on Friday will be processed the following Monday.

Unless otherwise specified in the Order Form, AWB Srl will ship the products purchased by the Customer, via courier, to the address provided by the Customer, indicatively within 24 working hours of Order acceptance.
Delivery takes place no later than 30 days from the date of Order acceptance.
AWB Srl accepts no liability for disruptions attributable to force majeure or unforeseeable circumstances, including those arising from malfunctions and disruptions of the internet network, in the event that it is unable to fulfil the Order within the timeframes set out in the Contract.

1. Should the purchased products be delivered outside the national territory, the Customer is responsible for the payment of any import duties and taxes, as well as any customs duties and charges provided for by the legislation in force in the destination territory.
2. The courier is responsible for delivery. AWB Srl undertakes to collect any reports of non-delivery or delayed delivery of products.
3. Any damage to the packaging and/or products, or any discrepancy in the number of packages or markings, must be immediately raised with the courier by means of a specific notation on the delivery document.
   By signing the delivery document and in the absence of the aforementioned objections, the Customer attests to the actual physical integrity of the products and the conformity of the delivery.
   The matters referred to in paragraph 1 of this article must be reported, by email, to the Seller within 8 days of delivery, attaching the invoice (if issued) and the Customer’s copy of the courier’s waybill.

V. INVOICING

1. The Seller will issue an invoice to any Customer who has requested one and who, for this purpose, has entered their tax code and VAT number in the appropriate Order Form. In this regard, the information as provided by the Customer at the time of the Order shall prevail.
   No invoice may be issued after the Order Form has been submitted, if not requested at the time the Order was placed.
   No modification to the invoice will be possible after it has been issued.
   At the time of placing the Order, it is necessary to indicate whether the shipping address differs from the billing address.
   Should the Customer choose not to enter their tax code or VAT number, AWB Srl will not issue an invoice.

VI. RIGHT OF WITHDRAWAL AND RETURNS

1. Subject to the provisions of art. 59 of Legislative Decree No. 206/2005, for purchases of machinery and/or accessories, or other products, made through the Site, it will always be possible to exercise the right of withdrawal, in accordance with the applicable legal provisions, within 14 days of product delivery, by contacting the Seller for the return procedure.
   The goods must be returned, at the Customer’s care and expense, within 14 days from the date on which the Customer communicated their decision to withdraw to AWB Srl.
   In the case of opened and/or partially used products, the right of withdrawal does not apply and botromagno srl will inform the Customer accordingly by email. In such case, the Customer may request the Seller by email to return the purchased products at their own expense. Otherwise, the Seller reserves the right to retain both the products and the amount corresponding to the purchase of said products.
   AWB Srl will only accept returns of goods in perfect condition and in their original packaging, accompanied by the relevant purchase invoice or, if not available, the relevant Order Acceptance Receipt. In the case of service contracts, the withdrawal period expires after 14 days from the day the contract was concluded in the manner set out in the preceding art. 12.
2. Except in exceptional cases, returns of food products, such as capsules, biscuits, coffee, and sugar purchased on the Site will not be accepted.
3. Subject to the provisions of the preceding paragraphs, once the return of the products has been received, AWB Srl will refund the amount actually paid by the Customer, using the same payment method chosen by the Customer at the time of purchase.
   In the case of payment made by bank transfer, the Customer must provide the Seller with the relevant bank details necessary to process the refund.
   Where the recipient of the products indicated in the Order Form differs from the person who made the payment, the refund of amounts arising from the withdrawal will be made by the Seller to the person who made the payment.
   The refund of the price paid by the Customer for the purchase of the products includes the shipping costs incurred at the time the Order was placed.

VII. WARRANTY

1. All products, other than food products, sold by AWB Srl are covered by the statutory legal guarantees.
2. The warranty consists of the replacement, at the Seller’s care and expense, of defective, incorrect or damaged products; or, where replacement of the products is impossible or excessively burdensome for the Seller, the warranty will consist of an appropriate price reduction; or, alternatively, in the termination of the contract, where the degree of non-conformity of the product is such that a mere price reduction would not be acceptable.
   In the case of defective, incorrect or damaged products, the Customer will promptly contact the Seller, and in any case no later than the deadline referred to in article 27, by email at info@botromagno.it, describing the issue encountered.
   The aforementioned written communication must be accompanied by photographic evidence attesting to the integrity of the original packaging, the cardboard inserts, and the received products.
   In the case of defective products, in addition to the communication referred to in the second paragraph of this article, the Customer is required to retain and return to the Seller the purchased bottles with at least ¾ of their contents and with the original caps properly sealed. Upon receipt of the goods and verification of the defect, the Seller will proceed with the replacement or refund of the returned product.
3. The warranty is subject, on pain of forfeiture, to notification of the defect or lack of conformity within 2 months of the Customer’s receipt of the purchased products.
4. The warranty shall in any case cease to have effect where modifications have been made to the products by the Customer.

VIII. APPLICABLE LAW AND JURISDICTION

1. These General Terms and Conditions of Sale and the Contract are governed by Italian law, subject to the provisions of the Vienna Convention of 1980.
2. Any dispute arising from the application of these Conditions or the Contract shall be subject to the jurisdiction of the Italian courts, in accordance with Italian legislation.