(as per section I, Title 3, part 3, od d.lgs 206/2005 and subsequent modifications and integrations)
These general terms and conditions of sale (hereinafter, “General Terms and Conditions”) apply to the sale of products and services through the website shop.gruppoethos.it (hereinafter, the Website) under the law known as "Consumer Code".
The owner of the site is: Gruppo Ethos Ristoranti Italiani S.r.l., with registered office in Via A. De Gasperi 82, 23880 Casatenovo (LC) - Italy (hereinafter "Gruppo Ethos").
The seller of the products is: Libera Organic Italian Craft Food&Beverage S.r.l., with registered office in Via A. De Gasperi 82, 23880 Casatenovo (LC) - Italy (hereinafter "Libera Craft").
The customer who uses this Website to purchase products or services (hereinafter, “Customer”) before sending the order shall carefully read these General Terms and Conditions which will be accessible at any time by the same Customer, also through the link included in the confirmation email of each order to enable their reproduction and storing.
If the Customer requires the issuance of an invoice and/or in any case he/she is not a “consumer or user” as defined by the Consumer Code, the cancellation rights pursuant to Articles 7 and 8 of these General Terms and Conditions shall not apply, as well as the provisions that under the Consumer Code apply only to “consumers”.
The agreement entered into with Libera Craft through this Website is governed by these General Terms and Conditions in accordance with the Italian law. English is the language used to enter into the agreement.
The features and the price of the products sold on the Website (hereinafter, “Product” or “Products”) are shown on the page relevant to each Product.
By submitting an order from the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions and the applicable terms of payment.
The agreement entered into between Libera Craft and the Customer shall be considered as concluded once the order has been accepted by Libera Craft. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the order number, the shipping and billing data, the list of ordered Products with their essential characteristics and the total price, including delivery charges. The Customer shall check the confirmation email and if he/she finds mistakes in the order, he/she shall have 12 hours from the receipt of such email to contact the Customer Service directly from the Website using the special contact form, accessible in the section “Help”. After this deadline, the order shall be processed for shipment and further changes will no longer be accepted, without prejudice to the Customer's rights under section 7 below.
Once the order has been received, Libera Craft shall check the availability of the stocks for the fulfilment of the order. In the event that one or more of the Products are not available, the Customer Service of Libera Craft shall timely send an email to the Customer who, within the next 12 hours, will have the right to reply in order to confirm the shipment of the Products available or cancel it. If the Customer will not reply within this time limit, the order shall be considered as confirmed and the available Products shall be shipped. In this latter case the full amount relating to missing Products shall be reversed or, depending on the chosen payment method, will not be charged to the Customer.
The Products information and features are available, with their related Product codes, on the Website.
The graphic representation of the Products on the Website, if available, normally corresponds to the photographic image shown together with the product description. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities but may differ in colour and size. In case of a difference between the image and the product description, the description shall prevail.
Product prices are inclusive of all taxes and fees. All prices are in Euros.
Shipping within Italy is free on orders above 100 €; for lower orders a 8,90 € fee will apply.
5.1 Payment methods
Customer may pay Products and delivery costs by Credit Card, PayPal (credit card or PayPal account) and bank transfer.
We accept payments, through PayPal, of the following credit cards: MasterCard, Maestro, Visa, Visa Electron, American Express, Aura, Discover.
Once the order is confirmed, the Customer shall be redirected to PayPal's website where he/she may carry out the payment by using a card, also a prepaid one, in the manner accepted by Paypal and in compliance with the relevant conditions.
Once the order is confirmed, the Customer shall be redirected to PayPal's website where he/she may carry out the payment with his/her account, in the manner accepted by Paypal and in compliance with the relevant conditions.
Customer will have to make the transfer within 2 days of the order date. If this does not happen, the order will be canceled and the merchandise will be placed for purchase by other Customers. Customer who has not completed the transfer can be contacted by Customer Service in order to clarify whether the cause of non-accreditation is due to the Customer's will not to confirm the purchase or other causes.
Data for the transfer: c/c: FREE ORGANIC ITALIAN CRAFT FOOD & BEVERAGE S.R.L.
Bank: Banca di Credito Cooperativo di Lesmo - Piazza Dante, 21/22 – 20855 Lesmo (MB) - Italy.
Customer will have to indicate the date and order number in the reason for the transfer, which can be found in the confirmation email (eg "Order 01/01/14 No. 100012345").
5.2 Invoicing of orders
If the purchase is made by a professional it shall be possible to request the issuance of the invoice by selecting the appropriate box during the ordering procedure and entering the billing information including tax code and/or VAT number. In that case, the invoice shall be sent by email to the indicated address. The professional is responsible for the proper entry of the billing data and he/she is expressly informed that if no invoice request is carried out during the ordering, it may not be requested at a later stage.
Products purchased on this Website shall be delivered to the address indicated by the Customer during the purchase procedure in the field “Shipping Information”.
All purchases shall be delivered by express courier (hereinafter, "Courier") from Monday to Friday, except public holidays and national holidays. Libera Craft is not responsible for unforeseeable delays or those which are not attributable to it.
Once the Products are shipped the Customer shall receive a confirmation email that includes a link for reference for the tracking of the shipment.
However, without prejudice to cases of force majeure or unforeseeable circumstances, the ordered Products shall be delivered within a period of 7 (seven) working days from the day following the day in which Libera Craft confirmed the order to the Customer through a specific order confirmation email.
Active delivery services:
SDA Express Courier
The service features two delivery attempts which will be made at the address entered by the Customer while placing the order. After each attempt an attempted delivery note will be left at the recpient’s end. Should the second attempt be unsuccessful, the Courier will try to telephone the recipient by ringing the phone number entered upon their order placement in order to arrange the delivery. Should Customer be unavailable, merchandise will be sent back to the warehouse.
The Customer is entitled to cancel his/her order for any reason, without explanation and without any penalty, except for the cases in which the cancellation right is excluded under paragraph IV below. In order to exercise this right, the Customer shall send a notice to Libera Craft within 14 days from the date of receipt of the Products by using the form downloadable here or if he/she intends to exercise the right of cancellation before having received the Products, the notice of cancellation may be sent at any time prior to their receipt.
Such notice shall be sent by registered letter with a return receipt, addressed:
To the kind attention of the Office of Returns and Refunds
Libera Organic Italian Craft Food&Beverage S.r.l.
Via Cattaneo, 29 - 20871 Vimercate (MB)
Upon receipt of the notice Libera Craft’s Customer Service shall open a file for the management of the returned Products and communicate to the Customer the instructions relevant to the return of the Products, which shall take place through the courier indicated by Libera Craft itself.
The right of cancellation is subject to the following conditions:
I. The right applies to a Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts the cancellation may not be exercised only on a part of the purchased Product.
II. In case of exercise of the right of cancellation, Libera Craft shall refund the Customer the full amount of the returned Products, including shipping expenses, if any, within 14 days from the date in which the notice of cancellation was received, without prejudice to the right of Libera Craft to suspend the payment of the reimbursement until the actual receipt of the Products. The reimbursement shall be carried out using the same payment method used by the Customer, unless he/she has specifically requested a different method. For money transfer or cash on delivery payments, Customers are bound to provide the banking information where they want their claim to be reimbursed (accounts holder, Bank name and address and IBAN).
III. The Products shall be returned in the same box in which they were received.
IV. In addition to the cases indicated in Article 1 above (customer not consumer and/or requiring the invoice), the right of cancellation is excluded in the following cases:
• Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
• Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery
With reference to the above cases where the cancellation right is excluded, the Customer is aware and agrees that among the Products that “are likely to deteriorate or expire rapidly” are included both all food Products (including wines, spirits and beverages) and cosmetics, because the features and qualities of these types of Products are subject to change even as a result of improper storage. Therefore, for reasons of hygiene and for the protection of Customers, the right of withdrawal applies only to Products purchased on the Website that may be returned to Libera Craft and remarketed without danger to the health of the consumers (e.g. books, gadgets, kitchen utensils, etc.).
In the cases of exclusion of the right of withdrawal, Libera Craft shall return the purchased Products to the Customer, charging the shipping costs to him/her.
The Customer bears in full the shipping costs for returning the Products in case of exercise of the right of cancellation.
The Customer who wishes to exercise the right of cancellation shall follow the procedure referred to in the previous article 7 and wait to be contacted by Libera Craft to arrange re-delivery of the Products to the courier.
In case of lack of conformity of the Products sold by Libera Craft the Customer shall immediately contact the Customer Service using the appropriate contact form accessible on the Website in the “Customer Care” section.
The sale of Products shall be subject to the legal warranties provided in the Consumer Code. The Customer is entitled, at his/her option and to the extent that the type of the Product permits so, to a free of charge restoration of the Product’s conformity by repair or replacement, or to an appropriate reduction of the price or to the termination of the agreement. The Customer looses these rights if he/she does not report the lack of conformity to Libera Craft within two months from the date in which he/she discovered the defect, unless the Product by its nature is perishable or subject to expire in a shorter term, in which case the defect shall be reported within that reduced time.
Information relating to the Products provided through the Website are constantly updated. However, it is not possible to guarantee the complete absence of errors of which Libera Craft may not be held responsible, without prejudice to cases of wilful misconduct or gross negligence.
Libera Craft reserves the right to correct any errors, inaccuracies or omissions also after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and the Consumer Code.
Without prejudice to cases of wilful misconduct or gross negligence, every Customer's right to compensation for damages or to the recognition of an indemnity is excluded, as well as any liability in contract or tortious liability for direct or consequential damages to persons and/or things, caused by the lack of acceptance or even partial fulfilment of an order.
Libera Craft promotes responsible alcohol consumption and accepts no liability, without prejudice to the cases of wilful misconduct or gross negligence, in the event of purchase made by minors of 18 years.
Any complaint shall be forwarded to Libera Craft using the appropriate contact form accessible on the Website in the “Contact us” section, or by registered mail to:
To the kind attention of Libera Craft Complaints Department
Libera Organic Italian Craft Food&Beverage S.r.l.
Via Cattaneo, 29 - 20871 Vimercate (MB)
Libera Craft is committed to reply to all requests received within a maximum of 7 working days.
If you are a European consumer, you have to be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. Please click here to access to the platform.
The sale agreement between the Customer and Libera Craft is intendedly made in Italy and is governed by Italian law. For the resolution of disputes concerning the interpretation, execution or termination of these General Terms and Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the Court of his/her place of residence or domicile shall have exclusive jurisdiction if located within the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Monza, excluding any other competent court.
Pursuant to Article 1341 of the Italian Civil Code, Customer confirms to have read, understood and accepted, and expressly accepts, the following Clauses of the Terms and conditions: 6 (liability for delivery delays), 10 (right to withdraw from contract).