Terms of service
Art. 1
Subject of the Contract
These general conditions govern the relationship between ACQUA DEL LARIO SRL, with legal headquarters at Via Bartolomeo de Benzi 17 – 22020 TORNO (CO), registered with the Como Chamber of Commerce under no. CO-329499 in the Companies Register, VAT number 03719370136 ("Supplier"), and the individual ("Customer") who purchases a product on the website https://www.acquadellario.it ("the Site").
The Customer may purchase a product on the Site only if they are qualified as a consumer under Article 3 of the Consumer Code (D. Lgs. 206/2005). Article 3 states that a consumer is an individual acting for purposes unrelated to business, commercial, craft, or professional activities they may engage in.
Art. 2
Conclusion and Effectiveness of the Contract
2.1. Anyone wishing to purchase a product on the Site (the "Customer") must complete the request form on the Site. After submitting the form, the Customer will see a summary webpage of the order, which can be printed, showing the details of the person who made the order, the products ordered, the price of the goods, shipping costs, any additional charges, payment methods and terms, delivery address, delivery times, and the existence of the right of withdrawal.
2.2. After receiving the order, the Supplier will send the Customer a confirmation email, which will contain the information specified in the previous point.
2.3. The contract is considered finalized between the parties when the Customer receives this order confirmation email. The Customer agrees to verify the accuracy of the personal details in the order confirmation email and immediately notify the Supplier of any corrections.
Art. 3
Payment Methods and Refunds
3.1. Any payment by the Customer can only be made using one of the methods indicated on the Supplier's dedicated webpage.
3.2. Any refund to the Customer will be credited through one of the methods proposed by the Supplier and chosen by the Customer, promptly and, in the case of exercising the right of withdrawal, no later than 14 days from the date the Supplier becomes aware of the withdrawal.
3.3. All communications regarding payments take place on a dedicated line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of encryption and in compliance with current data protection laws. If the customer opts for payment via “PayPal” or Credit Card, the payment will be managed through the service provider:
PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal;
L-2449 Luxembourg;
under the terms of use available on https://www.paypal.com/.
To make a payment via PayPal, the customer must open a PayPal account or already have one. If paying by Credit Card via the PayPal gateway, the customer does not need to open a PayPal account.
Art. 4
Delivery Times and Methods
4.1. The Supplier will deliver the selected and ordered products using the methods chosen by the Buyer or indicated on the website.
4.2. The website indicates the availability of the Products and their expected delivery times. However, this information is to be considered purely indicative and not binding on the Seller. The delivery period will begin from the moment the Supplier receives payment or the order confirmation.
4.3. If the packaging or wrapping of the products ordered by the Customer arrives visibly damaged, the Customer must immediately contest the delivery by writing “Goods inspection reserve for…” and providing the reason on the delivery document received from the courier, as well as taking a photograph of the package. If the product inside is damaged, it must be reported no later than 3 days after receipt, so the Supplier can proceed with the replacement.
4.4. If the order is returned to the Supplier for any reason due to the Customer's negligence (e.g., failure to collect), a new shipment will only be possible after advance payment for the new shipping costs (which vary based on the zone), in addition to the storage fees charged by the courier (€8.00 per day).
4.5. The Products ordered by the Customer in accordance with these general sales conditions will be delivered to the address specified by the Customer as the Shipping Address within the order. The Supplier ships to various EU Member States, the UK, and the USA, for which a shipping method is available at the time of the order, using tracked shipping services through a courier (such as GLS or DHL).
4.6. A responsible courier company agent will deliver to the Shipping Address and request a digital receipt signature. This receipt will serve as proof of delivery by the courier and confirmation that the Customer, or the recipient of the Order, has received the Products.
4.7. Deliveries are made on working days (Monday to Friday). It is the Customer's responsibility to be available throughout the day on the indicated days for the delivery of the products to the address specified at the time of purchase. The Courier is under no obligation to notify the Customer in advance or deliver the products at any specific time requested by the Customer.
4.8. No disputes can be raised regarding the shipment itself once the package is marked as delivered. The courier's tracking system will serve as proof of delivery. Delivery times are indicative and start from the moment the confirmation email of the shipment is sent to the Customer.
4.9. Once the order is prepared and shipped, a package number will be assigned, allowing the Customer to check the status of the shipment and delivery of the Products. No liability can be attributed to the Supplier in case of delay in order fulfillment or delivery of the Products. No delivery time is binding on the Supplier, and as such, the Supplier will not be held responsible for any damages incurred by the Customer and/or the recipient of the Products due to delays in delivery.
Art. 5
Prices
All sale prices of the products displayed and indicated on the Site are in euros and include VAT.
Despite the Supplier’s best efforts to avoid errors, it may happen that a product listed on the Site is shown at an incorrect price.
When the Supplier verifies the received order, it will also check the correctness of the product prices.
If the price indicated on the site is lower than the correct selling price of a product, the Supplier will contact the Customer to confirm whether they still wish to purchase the product at the correct price. If the Customer does not wish to purchase the product at the correct price, the Supplier will not accept the order.
If the correct price of a product is lower than the one listed on the Site, the Supplier will charge the Customer only the correct, lower price and will still ship the product.
Art. 6
Product Availability
6.1. The Supplier endeavors to process and fulfill orders promptly. If an order exceeds the available stock, the Supplier will notify the Customer by email whether the product is no longer available or what the expected wait time is, asking whether they would like to confirm the order.
Art. 7
Limitations of Liability
7.1. The Supplier assumes no responsibility for service disruptions due to force majeure if it is unable to fulfill the order within the expected time.
7.2. The Supplier will not be held responsible to the Customer, except in cases of fraud or gross negligence, for disruptions or malfunctions related to the use of the Internet network that are beyond its control or that of its subcontractors.
7.3. The Supplier will not be liable for damages, losses, or costs suffered by the Customer as a result of the failure to execute the contract for reasons beyond its control, with the Customer being entitled only to a full refund of the amount paid and any additional costs incurred.
7.4. The Supplier assumes no responsibility for any fraudulent or illegal use of credit cards, checks, and other payment methods made by third parties for the purchase of products, as long as it demonstrates that it has adopted all possible precautions according to the best available knowledge and ordinary diligence.
7.5. In no case will the Customer be held responsible for delays or issues in payment if they can prove that they made the payment in the manner and time indicated by the Supplier.
7.6. The Supplier assumes no responsibility for fraudulent or illegal use by third parties of the withdrawal method carried out on behalf of the Customer.
Art. 8
Warranty
The products sold by the Supplier are covered by the legal warranty of conformity, as provided for in Articles 128 et seq. of the Consumer Code.
If the Customer receives products that are not in conformity with the sales contract, they are entitled to request, at no cost, the replacement of the product under the terms and conditions provided by law.
The Customer can exercise this right if the conformity defect appears within 2 years of delivery and reports the defect to the Supplier within 2 months of discovering it.
Art. 9
Right of Withdrawal
9.1. The Customer has the right to withdraw from the contract, without any penalty and without specifying the reason, within 14 working days from the day the purchased goods are received.
9.2. If the Customer decides to exercise the right of withdrawal, they must notify the Supplier by registered letter with acknowledgment of receipt at ACQUA DEL LARIO SRL, Via Bartolomeo de Benzi 17 – 22020 TORNO (CO) or by email to info@acquadellario.it. The Customer must send the withdrawal notice before the 14-day working deadline: the postmark on the receipt will be proof of this. For the purpose of exercising the right of withdrawal, returning the product within the same term will validly replace the communication. The date of delivery to the post office or courier will serve as proof between the Parties.
9.3. The product must be returned within 14 days from the date the Supplier was notified of the withdrawal. To be eligible for a full refund, the product must be returned intact and in normal condition.
9.4. According to Article 59, paragraph 1, letters d) and e) of Legislative Decree 6 September 2005, no. 206 (Consumer Code), the right of withdrawal does not apply to sealed goods that cannot be returned for hygienic or health protection reasons and which have been opened after delivery.
9.5. The costs for returning the product are borne by the Customer.
9.6. The Supplier will refund the Customer the full amount paid within 30 days of receiving the withdrawal notice.
Art. 10
Archiving of the Contract
10.1. Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Customer that every order sent is stored in digital or paper format on the Supplier's server or premises according to confidentiality and security criteria.
Art. 11
Communications and Complaints
11.1. The Customer must send communications or complaints to the Supplier at the following address: ACQUA DEL LARIO SRL, Via Bartolomeo de Benzi 17 – 22020 TORNO (CO), or by email at info@acquadellario.it.
11.2. The Customer must indicate their residence or domicile, phone number, or email address in the registration form where they wish to receive communications from the Supplier.
Art. 12
Dispute Resolution
12.1. The Customer can attempt to resolve any dispute related to the purchase on the Site through the ODR (Online Dispute Resolution) platform, created and managed by the European Union. The Customer can access the ODR platform at the following link: https://ec.europa.eu/consumers/odr.
12.2. If the parties wish to take the matter to court, the competent court is the one in the location of the Customer's residence or domicile.
Art. 13
Applicable Law
13.1. These general sales conditions are governed by Italian law.