Premise
These general terms and conditions of sale (hereinafter, the "General Conditions") govern the offer and sale of products (hereinafter, the "Products" or the "Product") by ORESTE BUZIO SSA (hereinafter, ORESTE BUZIO) with registered office in VIGNALE MONFERRATO VIA PIAVE 13, VAT 02507970065, through its own computer platform accessible through the names of dominiowww.orestebuzio.it and any future mobile applications (considered together or separately, hereinafter, for brevity, the "Site") to those who:
- have read and accepted the information regarding the processing of personal data (hereinafter, for brevity, the Privacy Policy);abbiano accettato le presenti Condizioni Generali;
- 2. have created an ORESTE BUZIO account, as follows:
- are considered consumers within the meaning of Legislative Decree 206/2005 and subsequent amendments and additions (c.d. "Consumer Code"), meaning that natural persons who, in connection with the purchase of the Products, act for purposes unrelated to business activity, commercial, craft or professional, as the case may be, or those who, acting for purposes related to their business, commercial, craft or professional activity, do not engage in it, brokerage and direct sale - including the supply of food products in the form of a restaurant, bar or similar - or indirect products and/or services belonging to the same categories as the Products;dichiarino e garantiscano di avere la capacità di agire necessaria a concludere contratti giuridicamente vincolanti e di essere maggiorenni;
- are registered on the Site (hereinafter, for brevity, "Registered Users" or, in singular, "Registered User").
The offer and sale on the Site and in general to reports ORESTE BUZIO and Registered Users apply these General Conditions, the provisions contained in D.Lgs. 206/2005 and subsequent amendments and additions (hereinafter, for brevity, the c.d. "Consumer Code"), the applicable laws on Internet commerce and distance selling as well as the provisions generally applicable to the type of service provided by ORESTE BUZIO pursuant to D.Lgs. 185/1999 and subsequent amendments and additions and D.Lgs. 70/2003 on services Information Society and electronic commerce, as amended and supplemented (hereinafter, together, for the sake of brevity, the "Electronic Commerce Rules") and finally the provisions of D.Lgs. 21/2014 (which has transposed the EU Directive 2011/83/EC), the 1980 Vienna Convention and Regulation (EC) 593/2008 where applicable. The General Conditions will also be applicable to new types of Products that will be supplied in the future by ORESTE BUZIO, unless otherwise provided for at the time of registration or first supply of the new Product. The Registered User is invited to print a copy of the General Conditions and or store them on a durable medium.
- General and scope
1.1. These General Conditions apply to the offer and sale of Products made by ORESTE BUZIO on the Site. The offer and sale on the Site constitute a distance contract governed by art. 50 et seq. of the Consumer Code and the Electronic Commerce Rules where applicable.
1.2. The sales that ORESTE BUZIO makes on the Site are sales which may also have a predetermined and limited duration, of which the beginning and duration of the registered users are notified by means of an e-bookinvitation emails and prior express consent by accepting these General Conditions and the Privacy Policy.
1.3. The applicable General Conditions are those in force on the date of sending the order form referred to in the following article 3.1
1.4. The General Conditions may be modified at any time, except for the right of withdrawal of the Registered User as set out below. Any changes or new conditions will be in force from the moment of their publication in the "General Terms and Conditions of Sale" section of the Site. For this purpose, Registered Users are invited to regularly access the Site and check the most up-to-date General Conditions. In the event that the Registered User does not wish to accept the changes to the General Conditions, he will be entitled to withdraw from the relationship with ORESTRE BUZIO by sending a communication by registered letter with receipt to this latter c/o Via Provinciale, 7 - 53045 Montepulciano (Siena) or by e-mail to and mail to info@orestebuzio.it with 7 (seven) working days notice.
1.5. The continued use of the Website by the Registered User after the end of the period specified in point 1.4 constitutes a manifestation of the willingness to accept the General Conditions as amended.
1.6. These General Conditions do not govern the sale of products and/or the provision of services by parties other than ORESTE BUZIO that may be present on the Site via links, banners or other hyperlinks. Before making commercial transactions with such entities, it is necessary for the Registered User to check their terms of sale. ORESTE BUZIO is not responsible in any way for the provision of services and/or sale of products by such parties. On the websites that may be consulted through these links ORESTE BUZIO does not carry out any control or monitoring. ORESTE BUZIO is not responsible for the contents of these sites or for any errors and omissions or violations of law by them.
- Registration
2.1 To become a registered user of ORESTE BUZIO you must register on the site, creating an account, approving the General Conditions and clicking on the "Register" box on the home page of the site. The non-acceptance of the General Conditions means that it is impossible to register on the Site and to receive and consult information produced by ORESTE BUZIO, concerning news and curiosities from the world of wine and especially to make purchases.
2.2 Registration on the Site is free of charge. To register, the user must fill in the registration form, entering first name, surname, e-mail address and password (hereinafter, for brevity, the "Registration Credentials"). The user then receives an e-mail with a link to follow for verification of the e-mail address provided, which is followed by activation of the account. The activation is confirmed to the user by e-mail sent to the e-mail address provided and verified.
2.3 The Registration Credentials shall be used exclusively by the Registered User and may not be transferred to third parties. The Registered User must notify ORESTE BUZIO without delay in case of suspected misuse of the same. The Registration Credentials may be changed by the Registered User at any time through access on the Site to the "Administrative Area."
2.4 The Registered User guarantees that the Registration Credentials provided during the registration process to the Site are complete, correct and true. In the event of false statements, ORESTE BUZIO, after formal and unaccepted invitation to self-correction, has the right to delete the account from the list of users. The Registered User is solely responsible for accessing the Site using the Registration Credentials and is directly liable for any damage or injury caused to ORESTE BUZIO or third parties by the violation of the rules on registration to the Site, from misuse, loss, misappropriation by others or failure to protect the proper confidentiality of your Registration Credentials. All operations carried out by means of the Registration Credentials are deemed to be carried out by the Registered User to whom the Registration Credentials refer.
2.5 By registering with the Site - and specifically by confirming your registration request - and by accepting the terms of the Privacy Policy, the user consents to receiving the newsletter containing information produced by ORESTE BUZIO and concerning news and curiosities from the world of wine and requests to receive invitations to participate in sales and commercial proposals on the Site; in this sense, and limited to purposes strictly related to the provision of the requested service, the Registered User therefore expresses his consent to the use of his personal data by ORESTE BUZIO. At any time, by clicking on the appropriate link at the bottom of each newsletter ("If you no longer want to receive our newsletter, click here"), the Registered User may request not to receive further invitations to participate in sales and commercial proposals of the Site. This change can also be made from the "My Profile" section, under the "Newsletter subscriptions" heading. The Registered User may in any case participate in sales by direct access to the Site through their Registration Credentials.
2.6 The contents of the Site are in Italian and English.
2.7 Only one single registration is possible per user. Multiple registrations will be deleted by ORESTE BUZIO.
2.8 In the personal area "My profile" on the Website, the Registered User can view open and/or concluded orders as well as manage and save personal data and newsletter registration.
2.9 ORESTE BUZIO reserves the right to refuse, at its sole discretion, the registration of any user. ORESTE BUZIO also reserves the right not to accept orders from anyone who comes, which are abnormal in relation to the quantity of Products purchased or the frequency of purchases made on the Site, and in relation to the misuse or suspicion of use of the discount vouchers referred to in Article 4.
2.10 The Registered User may at any time cancel his registration on the Site by sending an e-mail to info@orestebuzio.it.
- Pre-contractual information
3.1 In accordance with the Rules on Electronic Commerce ORESTE BUZIO informs the Registered User that:
- to conclude the contract for the purchase of one or more Products on the Site, the Registered User must fill out an order form in electronic format and send it to ORESTE BUZIO, by electronic means, following the instructions that will appear from time to time on the Website and that will accompany the various stages of the purchase;
- the contract is concluded when ORESTE BUZIO registers the order form, after verifying the correctness of the data relating to the order and payment;
- before sending the order form, the Registered User may detect and correct any errors in entering data by following the instructions indicated on the Site from time to time and that will accompany the different stages of the purchase; once the order form has been registered, ORESTE BUZIO will send to the Registered User, at the e-mail address indicated, a confirmation e-mail containing a link to the page of the General Conditions, the information relating to the characteristics of the Product purchased, details of the price, means of payment used, shipping costs and any additional costs as well as service details. It is recommended to keep the e-mail received as proof of purchase or store it on a durable medium;
- the order form will be stored in the database of ORESTE BUZIO for the time necessary to fulfill the order and, however, within the terms of law. To access the order form, the Registered User can consult the section "My profile My Orders" of the Site, where you will find a list of all the orders placed.
- Terms and conditions of sale
4.1 The offers published on the Site are available for a limited time and with limited quantities of Products.
4.2 All prices indicated on the Website are expressed in Euro (€) and include VAT. Delivery costs (to the address) are also explicitly indicated and include VAT. This amount will be shown separately on the order form before sending and on the order confirmation email.
4.3 The price of the Products may be modified without notice, provided that the price charged to the Registered User will be the one published on the product sheet at the time of transmission of the order form.
4.4 The execution of the Order implies the express recognition by the Customer of the obligation to pay.
4.5 Products may be sold at discounted prices. The percentage of discount indicated in the product sheet is calculated with respect to the list price commonly charged to the public as indicated by the manufacturer or as a result of market surveys. In any case, the reference price above is only an indication of the value of the product and in some shops the actual price may be different.
4.6 The Products will remain the property of ORESTE BUZIO until the delivery of the Products, as defined in the following article 6.
4.7 ORESTE BUZIO will only proceed with the purchase order after receiving payment of the total amount due, consisting of the purchase price, shipping costs and any additional cost, as indicated in the order form.
4.8 ORESTE BUZIO reserves the right to reject orders from Registered Users that do not give sufficient guarantees of solvency or with which disputes are pending.
4.9 Any contractual or non-contractual liability of ORESTE BUZIO arising from the non-acceptance of an Order is excluded. ORESTE BUZIO will also be entitled to refuse Purchase Orders placed in a manner not in accordance with the provisions above, or in the event that the Customer has not made payment for the products; or in the event that the Customer’s data is incomplete and/or incorrect or even in the event that the products ordered are not, even temporarily, available. In case of unavailability of the ordered product, reference is made to what is provided for in the following article
5.1Disponibility
5.1 The Products offered on the Site may be in limited number and therefore may run out before the expiry of the respective offer. It may therefore happen that the Product ordered is no longer available after the registration of the purchase order. In case of unavailability of the ordered Product, the Registered User will be promptly informed by e-mail and the purchase order will be cancelled. ORESTE BUZIO undertakes, at the Registered User’s option, to replace the ordered Product with a new supply or to refund the amount paid by the Registered User within 30 (thirty) working days of the order. The amount of the refund will be communicated by e-mail and credited through the same payment method used by the Registered User, unless otherwise agreed between the parties.
5.2 ORESTE BUZIO disclaims all responsibility for any delays in the credit of the refund that depend on the management system of the payment method used by the Registered User, the bank of ORESTE BUZIO itself or the bank of the Registered User.
6. Delivery
6.1 Deliveries are made to the postal address indicated by the Registered User in the order form. It is understood that the shipping address is considered to be the address indicated by the Registered User in the order form and that this cannot be changed in any way after the completion of the purchase process. The Registered User is solely responsible for the address provided for shipping. In order to prevent fraud, the delivery carrier reserves the right to verify the identity of the Registered User by checking an identity document that proves the coincidence of the order and payment data. For the same purpose, the Registered User must provide a telephone number - preferably mobile phone - which may be used during the transaction or shipment, as well as the name on the intercom or doorbell at the delivery address.
6.2 The shipping and delivery times are those indicated during the purchase process. In the event of failure to indicate a specific delivery time, it will be done no later than 30 (thirty) working days from the order.
6.3 Upon delivery of the Products to the designated carrier, a confirmation email will be sent to the Registered User containing, where possible, the tracking code with which to check the status of the shipment on the carrier’s website. Deliveries will be made from Monday to Friday, during normal office hours, excluding public holidays.
6.4 The delivery will be deemed completed at the moment when the Product is made available to the Registered User at the address specified in the order form.
6.5 The costs of the delivery service will be communicated to the Registered User by e-mail at the time of registration of the order form. The first delivery attempt will be made without notice and in no case it is possible to agree either with ORESTE BUZIO or with the courier responsible for the delivery by appointment. In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a postcard to certify the delivery attempt. At the second delivery attempt gone "empty", the courier will leave a postcard with the indications that the Registered User must follow to contact the carrier on the same day and request a further delivery attempt. If this further attempt to deliver fails or the Registered User does not contact the courier in good time, the contract of sale will be considered terminated pursuant to art. 1456 c.c. and the Registered User will lose the right to delivery of the Product, which will be returned to ORESTE BUZIO. The latter will be entitled to retain the Product after reimbursement of the amount paid by the Registered User, less the costs of delivery of the Product that has not been successfully delivered and the return costs, The custody and management of the file, if any, supported by ORESTE BUZIO. The termination of the contract and the amount of the refund will be communicated to the Registered User by e-mail.
The refund amount will be credited through the same payment method used by the Registered User, unless otherwise agreed between the parties; it is understood that ORESTE BUZIO disclaims all responsibility for any delays in the credit of the refund that depend on the management system of the payment method used by the Registered User, by the bank of ORESTE BUZIO itself or by the bank of the Registered User.
6.6 In the event of impediments to delivery due to force majeure (for example and not exhaustive strikes, wars, natural disasters, epidemics, disasters etc.), ORESTE BUZIO may not be held responsible in any way.
6.7 If the Product or Products purchased are delivered outside of the national territory, the Registered User will be responsible for paying any import charges and taxes, and any customs duties and charges laid down by the legislation in force in the territory of destination of the products.
6.8 In the event that the Product is not delivered or is delivered late, the Registered User may submit a complaint to ORESTE BUZIO by e-mail at: info@orestebuzio.it indicating the order number as shown in the e-bookorder confirmation email and the date of the order, as well as the data related to the invoice if this has been issued. ORESTE BUZIO will examine the complaint and communicate its outcome to the Registered User as soon as possible and in any case within 30 (thirty) working days from the date on which the complaint was submitted. If it appears that the non-delivery or the delay in delivery is attributable to ORESTE BUZIO and is not due to the impossibility of delivering by unforeseeable circumstances or force majeure:
- in the event of non-delivery, ORESTE BUZIO will refund the amounts paid by the Registered User as soon as possible and in any case within 30 (thirty) working days from the date of submission of the complaint. The refund amount will be communicated by e-mail and credited through the same payment method used by the Registered User, unless otherwise agreed between the parties, or via voucher. It is also understood that ORESTE BUZIO disclaims any responsibility for any delays in the credit of the refund that depend on the management system of the payment method used by the Registered User, by the bank of ORESTE BUZIO itself or by the bank of the Registered User. The Registered User’s ability to subscribe to current commercial offers remains unaffected;
- in the case of delivery with a delay of more than 20 (twenty) working days compared to the specific delivery time indicated on the Site or, when this is not present, with a maximum deadline of 30 (thirty) working days from the day following the dispatch of the order, if the Registered User still wishes to retain the purchased Products, ORESTE BUZIO will reimburse any sums paid by the Registered User for shipping costs, as soon as possible and in any case within 30 (thirty) working days from the date of submission of the complaint. If, on the other hand, the Registered User does not wish to retain the Products, the preceding paragraph will apply.
- Withdrawal
7.1 The Registered User who has purchased Products through the Site is entitled to withdraw from the contract concluded with ORESTE BUZIO, without any penalty and without specifying the reason, within 14 (fourteen) days from the date of receipt by the Registered User or a third party - other than the carrier in charge of the delivery - specifically designated by the Registered User during the purchase process of the Product being supplied - for this purpose the date of delivery of the last product, where the products to be supplied are delivered in more than one delivery. To exercise the right of withdrawal, the Registered User is required to inform ORESTE BUZIO of his decision to withdraw from the contract concluded with it by means of an explicit declaration in any form, addressed to: info@orestebuzio.it. In this declaration, the Registered User must in any case indicate the order number as shown in the order confirmation email and the date of the order, as well as the details of the invoice if it has been issued. The Registered User must return to ORESTE BUZIO by direct delivery or dispatch, using a carrier of his choice and at his own expense, without undue delay and in any case within 14 (fourteen) days from the date of notification of withdrawal, the Products purchased, with all accessories.
The products must be shipped to the following address: ORESTE BUZIO SSA VIGNALE MONFERRATO VIA PIAVE 13, VAT 02507970065. The deadline is met if the Registered User returns the Product before the expiry of the period of 14 (fourteen) days from the date of notification of withdrawal. For any information contact ORESTE BUZIO by phone at +39 0578716092 or by e-mail at the address e-mail: info@orestebuzio.ite the Customer Service will arrange the withdrawal of the goods returned in case of request by the Registered User at the expense of the latter.
7.2 The total integrity of the Products to be returned is a necessary condition for the exercise of the right of withdrawal. The Products must not have been damaged or altered, even partially, under penalty of non-reimbursement of the sums paid to the Registered User. It is understood that the Registered User is responsible for the decrease in value of the goods resulting from a manipulation - even partial or minimal - of the Products other than that necessary to establish the nature, characteristics and functioning of the same. For this purpose, it is recommended to return the Products properly packed in their original packaging or in packaging suitable for transport.
7.3 As the risk inherent in the return of the Products is entirely on the buyer’s Registered User, ORESTE BUZIO invites the latter - if it intends to exercise the right of withdrawal - to insure at its own expense the shipment for the value indicated in the e-bookPurchase order confirmation email.
7.4 Subject to the fulfilment of the above points 7.1, 7.2, 7.3, ORESTE BUZIO will proceed with the reimbursement of the sums paid by the Registered User - without undue delay and as soon as possible and, in any case, within 14 (fourteen) days from the date on which ORESTE BUZIO became aware of the exercise of the right of withdrawal by the Registered User; the refund is suspended until receipt of the Product intact and not damaged and/ or altered in any part. ORESTE BUZIO is not obliged to reimburse any additional surcharges and/or delivery costs that the Registered User may have paid. The amount of the refund will be communicated by e-mail and credited to the same payment method used by the Registered User. It is understood that ORESTE BUZIO disclaims all responsibility for any delays in the credit of the refund that depend on the management system of the payment method used by the Registered User, by the bank of ORESTE BUZIO itself or by the bank of the Registered User. The Registered User’s ability to subscribe to current commercial offers remains unaffected.
7.5 The right of withdrawal is always excluded in case the sale has to object custom-made or customized products or that by their nature can not be returned or that risk to deteriorate or change quickly.
8. Payment
8.1 The payment of the Products purchased on the Site must be made by PayPal or credit card. ORESTE BUZIO accepts only credit cards from Visa, Mastercard and American Express.
8.2 It is understood that for security reasons only payment service providers will have access to the payment data, while ORESTE BUZIO will not have any possibility of knowing or storing such data. Specifically, with regard to credit card transactions, the data of the cards will not be stored on ORESTE BUZIO’s computer systems.
8.3 At the time of sending the order, no credit card used by the Registered User for payment will be charged. The charge will be made only after: (a) the credit card details used by the Registered User for payment have been verified and (b) the credit card company used by the Registered User has issued the debit authorization.
8.4 The Registered User will receive an e-mail confirmation of the order summary of the same. If the Registered User requests the issuance of an invoice, he is obliged to indicate it and communicate his data for the header when requested during the purchase process. The summary - that is, if requested during the purchase process and the invoice of each purchase will be available in the section " My Profile - My Orders". It is understood that the request for issuing an invoice during the purchase process of a specific product does not automatically issue an invoice for subsequent purchases.
8.5 In the event of non-payment, ORESTE BUZIO will charge the costs related to the management of the outstanding account to the Registered User and will refuse the relevant purchase order, giving notice by means of e mail.
Warranties and non-conformity of the Products/RETURNS
9.1 The description of the Products offered on the Site has been prepared by ORESTE BUZIO to offer the Registered User as much information as possible in order to evaluate the Product based on what the suppliers, under their own responsibility, have communicated to ORESTE BUZIO. The images of the Products are provided for illustrative purposes only; the Products may differ from what is shown. The images and colours of the Products published on the Site may differ from those actually displayed due to the system settings and/or tools used for displaying them. ORESTE BUZIO is not responsible for the mismatch between the Product ordered and the description of the Product on the Site, in the event that the mismatch results from errors in the description attributable to the supplier and of which ORESTE BUZIO was not and could not be aware with the use of normal diligence.
9.2 All the Products sold on the Site are covered by the legal guarantee of conformity provided for in artt. 128-135 of the Consumer Code (hereinafter, for brevity, the "Legal Guarantee"). The Legal Guarantee applies to all purchases made on ORESTE BUZIO and more specifically:
- in the event that one or more Products are not in perfect condition because they were damaged during transport and as a result of reporting - accompanied by any photographic evidence - to be done within 3 (three) days after delivery by the Registered User to ORESTE BUZIO’s Customer Service by e-mail to: info@orestebuzio.it, ORESTE BUZIO undertakes to replace these Products with a new supply or, if this is not possible, to refund their amount; it is understood that upon receipt of delivery, the Registered User shall verify the integrity and quantity of the goods received in the presence of the courier, immediately contesting and reporting any tampering, any deformation, damage or alteration found, noting it on the delivery receipt and possibly rejecting the delivery; in case of intact packaging and verification of the integrity as well as the quantity of the goods received, the Registered User is required to sign the delivery receipt of the courier attesting the actual integrity of the products and the conformity of the delivery. Damaged Products must be returned to ORESTE BUZIO at the expense of the Registered User within 14 (fourteen) days from delivery,
and in any case according to the agreements for withdrawal that the Registered User will reach by contacting the Customer Service by e-mail at: info@orestebuzio.itSonly in the event that the Registered User follows the above procedures, ORESTE BUZIO will replace the damaged Products with a new delivery or, if this is not possible, refund their amount. The refund amount will be communicated by e-mail and credited through the same payment method used by the Registered User or via voucher at the discretion of the Registered User. It is understood that ORESTE BUZIO disclaims all responsibility for any delays in the credit of the refund that depend on the management system of the payment method used by the Registered User, by the bank of ORESTE BUZIO itself or by the bank of the Registered User. The Registered User’s ability to subscribe to current commercial offers remains unaffected. in the event that one or more Products do not correspond to what is requested and indicated on the order form, and following notification, to be made within 3 (three) working days, by the Registered User to the ORESTE BUZIO Customer Service by e-mail to: info@orestebuzio.it, ORESTE BUZIO undertakes to replace them with a new supply or, if this is not possible, to refund their amount.
Products not corresponding to the requested and indicated on the order form must be returned to ORESTE BUZIO with costs borne by the Registered User within 14 (fourteen) working days from delivery, and in any case according to the agreements for the withdrawal that the Registered User will reach by contacting the Customer Service via e-mail at: a info@orestebuzio.it. The same must be returned intact, in unaltered and complete condition of the original packaging and placed in their original packaging, or, in any case, in suitable packaging to allow a safe shipment. ORESTE BUZIO reserves the right to replace, at its own expense, Products not corresponding to what is requested and indicated on the order form or to refund their amount only and exclusively after returning to the premises and checking them. The refund amount will be communicated by e-mail and credited through the same payment method used by the Registered User or via voucher at the discretion of the Registered User. It is understood that ORESTE BUZIO disclaims any responsibility for any delays in the credit of the refund that depend on the management system of the payment method used by the Registered User, by the bank of ORESTE BUZIO itself or by the bank of the Registered User.
The Registered User’s ability to subscribe to current commercial offers remains unaffected.
- in the event that the Registered User considers that one or more Products are defective, within 7 (seven) working days from delivery he must contact the Customer Service by e-mail to: info@orestebuzio.it. In such case (for example, bottle that tastes of cork), the Registered User must, at his own expense, return the resealed Product (with at least 75% of the contents) and its accessories (e.g. cap) to ORESTE BUZIO within 5 (five) days of the report. If ORESTE BUZIO finds the existence of the defect reported, it will issue to the Registered User a coupon equal to 100% of the value of the Product and the costs incurred by the Registered User for the return, to be used for the purchase of other Product available on the Site. The Registered User acknowledges, with any exception removed, that, in light of the specificity of the Product, such remedy is consistent with the purposes of art. 130 n. 3, 4 and 9 b) of the Consumer Code.
It remains that in case of coverage of the guarantee referred to in points a), b) and c), the refund by ORESTE BUZIO will also include the return costs possibly incurred by the Registered User.
9.3 However, the Legal Guarantee does not apply to Products opened, modified or altered in any way by the Registered User. Any defects caused by accidental events or the responsibility of the Registered User are also excluded from the scope of the Legal Guarantee.
Obligations and responsibilities of ENTER SHORT COMPANY NAME
10.1ORESTE BUZIO undertakes to correct all errors in the description of the Products offered on the Site, as soon as possible after reporting them. Reporting such errors can be done by contacting the ORESTE BUZIO Customer Service at the addresses indicated in the preamble.
10.2ORESTE BUZIO is not responsible for any damage of any kind resulting from the use of the Product in an improper manner and/ or not in accordance with the instructions provided by the manufacturer, as well as in case of damages arising from unforeseeable circumstances or force majeure.
10.3ORESTE BUZIO will not be liable in the event of loss of earnings, revenue, profits, data or for any other indirect and consequential damage of any nature arising from or otherwise related to contracts subject to the General Conditions.
10.4 The liability of ORESTE BUZIO, in any case, may not be greater than the total value of the purchase order.
10.5 In no case shall ORESTE BUZIO be held liable for the failure to comply with any of its obligations arising from contracts subject to the General Conditions in the event that the failure is caused by unforeseeable circumstances and/or force majeure, including, but not limited to: natural disasters, terrorist acts, epidemics, strikes, network malfunctions and/or blackouts.
Suspension of service
11.1ORESTE BUZIO reserves the right to temporarily suspend, without prior notification, the operation of the Site for the time strictly necessary for technical interventions necessary and/ or appropriate to improve the quality of services offered.
11.2ORESTE BUZIO may, at any time, interrupt the service if there are justified reasons (security or privacy violations or otherwise), giving notice in this case to the Registered User.
- Modification of the terms of sale and/or termination of the sale on the Site
12.1 ORESTE BUZIO reserves the right to modify at any time the way in which Products are sold on the Site and/or to cease selling Products on the Site.
12.2 ORESTE BUZIO cannot be held liable to the Registered User or third parties for such changes and/or if the sale of the Products on the Site ceases.
- Site content and intellectual property rights
13.1 The intellectual and/or industrial property rights in the contents of the Site, such as, without limitation, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, including the menus, web pages, graphics, colors, schemes, tools, fonts and design of the Site itself, diagrams, layout, methods, processes, functions and software, are the exclusive property of ORESTE BUZIO and the other respective owners. The reproduction, modification, duplication, copying, distribution, sale or exploitation of the images and content of the Site is prohibited unless prior written permission has been given by ORESTE BUZIO. It is also forbidden any use of the contents of the Site for commercial and/or advertising purposes.
13.2 All other distinctive signs that distinguish the Products sold on the Site are registered trademarks of their respective owners and are used by ORESTE BUZIO under licence, for the sole purpose of distinguishing, describe and advertise the Products for sale on the Site. Any use of the above mentioned distinctive signs that is not in accordance with law and not authorized is prohibited.
It is not permitted in any way to use any distinctive sign present on the Site to take undue advantage of the distinctive character or reputation of these or in such a way as to cause prejudice to them and their owners.
13.3 Under no circumstances may the Registered User alter, change, modify or adapt the Site, nor the material made available by ORESTE BUZIO.
- Applicable law and jurisdiction
14.1 These General Conditions of Sale are governed by the Italian legislation referred to above, except as provided for in the 1980 Vienna Convention and Regulation (EC) 593/2008 where applicable. Any dispute arising from the application of these Terms will be submitted to the jurisdiction of the Italian courts according to the territorial jurisdiction, as provided by the Italian legislation in force.