Terms and conditions of use

CONDITIONS OF SALE

Each purchase transaction will be governed by the provisions of LD no. 185 dtd. 22/05/1999 “Implementation of Directive 97/7/CE on the protection of consumers in respect of distance contracts” and, as regards the protection of confidentiality, will be subject to the rules laid down in LD no. 196/2003.

The object of this contract is the trade of the products marketed by Ca’ Brusà, in quantity and quality selected by the consumer through computer selection on the website www.cabrusa.eu

From the moment the consumer accesses and uses the website www.cabrusa.eu, he shall examine and accept the present conditions of sale before confirming the purchase from the website. Forwarding the order confirmation means the complete knowledge of the conditions of sale and their complete acceptance. We therefore invite you to read them with due care and print and/or save them in another durable medium, in order to fully satisfy the condition laid down in art. 3 and 4 of the LD no. 185/1999.

The purchase on the website www.cabrusa.eu is reserved to the customers of Ca’ Brusà who have attained the age of majority and to whom was delivered a non-transferable personal invitation, containing username and password to access the website.

The current legislation forbids the sale of alcohol to minors of 18 years old, therefore Ca’ Brusà will deliver the above-mentioned invitation only to customers who have attained the age of majority.

Ca’ Brusà may not be held liable for any use of the website by users legally unqualified as below the age of majority.

PURCHASE CONTRACT MADE BY MINORS

Purchasing can only be made by adults. However, in case of a purchase from a minor, parents shall be directly responsible for the payment of what is purchased, without prejudice to regulations of termination reported in the present conditions of sale.

METHODS OF PURCHASING

The purchase of the products, available as illustrated and described online in the respective information sheets, are made at the price specified therein, in Euro and taxes included. 

Transport costs are not included in the price but are displayed separately at the time of the purchase. Before the purchase confirmation, you will be shown the unit price of each selected product, the total cost in case of more than one product and the related transport costs. Confirming the purchase, you will receive an e-mail including the date and the total amount of your order and its details.

ORDERS AND INVOICING

Orders are being accepted through computerized selection on the website www.cabrusa.eu. 

The conclusion of the contract is subject to the payment of the total amount from the Customer with one of the method of payment allowed.

Subjects required to ask for an invoice shall communicate their VAT number and all the information needed for its issue. The tax invoice may also be issued subsequent to the delivery of the goods, within the time limit foreseen by the law.

METHODS OF PAYMENT

Prices on the website www.cabrusa.eu are VAT, containers and packaging included.

Delivery charges will be calculated according to the total weight of the purchased merchandise and its destination. 

The payment of the purchased products and shipping costs may be done at the time of the order confirmation through the use of one of the Credit Cards available and indicated online.

Purchasing through Credit Card will require the typing of the card details.
Ca' Brusà, in order to offer a higher guarantee of reliability to its customers, uses the Secure Electronic Transaction system developed by PAYPAL. The collection of information related to the Credit Card is made through SSL protocol (Secure Sockets Layer), the most common secured protocol with the primary concern of ensuring the confidentiality and the reliability of the communications between the customer’s computer and the bank server, through 128-bit data encryption. By using this system, the user communicates the details of its own credit card exclusively to the PAYPAL secured server.

DELIVERY TERMS

For the e-commerce service, Ca' Brusà makes deliveries using specialized carriers. Purchased products are directly delivered to the address indicated during the purchasing procedure. 

Each shipment contains the ordered merchandise and the related accompanying documentation.

Delivery times can change according to the destination.
Delivery to the Customer’s home requires a contribution according to the total weight of the purchased merchandise and its destination.

It is the Customer’s responsibility to check if the package is intact, not damaged neither wet upon delivery. The client should accept the delivery only after he checked everything, or he should refuse the package. 

If the merchandise arrives broken or damaged, Ca’ Brusà undertakes to arrange the substitution of the product at its own expense, only and exclusively if the receiver will have certified the rupture or the damage in the presence of the carrier that made the delivery or if he indicated GOODS UNCHECKED on the accompanying document.

In case there wouldn’t be any match between the order and the delivery, the Customer will have to contest it by making a phone call or sending an e-mail through the page Contact us.

PROCEDURES FOR EXERCISING THE RIGHT OF WITHDRAWAL

Ca' Brusà guarantees the right of withdrawal from the purchase contract, referring to the LD 22/05/1999, no. 185 “Implementation of the directive 97/7/CE on the protection of consumers in respect of distance contracts” and subsequent changes.

The Customer can exercise the right of withdrawal within 14 working days from the date of receipt of the goods. 

Such right shall be exercised using the area MY ACCOUNT

The goods will have to be returned to Ca’ Brusà intact, unaltered in their conditions and with the original packaging, at the Customer’s expense and within 14 days from the Communication of the withdrawal. 

Ca' Brusà will provide the refund of the sums paid out (including the costs of the first shipment in case of a total withdrawal of the order) within a maximum of 30 days from the date in which Ca’ Brusà was notified about the Customer’s intention to exercise the right of withdrawal and anyway not before having received the returned goods and checked their state according to the withdrawal. The costs and the risks connected to the return of the products will be incurred by the buyer. 

It is specified that the Community legislation includes the right of withdrawal to be exercised only by natural persons (consumers) acting for purposes totally extraneous to their commercial activity.
The Right of withdrawal CANNOT be exercised by legal and natural persons acting for purposes connected to commercial activities. The purchases made by resellers or subjects that, for any reason whatsoever, purchase to resell to third parties are excluded from the right of withdrawal. 

The right of withdrawal does not apply to the supply of goods made to the customer’s specifications or clearly personalized, or which cannot be returned because of their nature or are liable to deteriorate or expire rapidly. 

It is also specified that, in case of a premium operation (the so-called promotions) in which the purchase of an item is coupled with another item being sold at a derisory price or even given for free, the right of withdrawal will be legally exercised with the return of both the items, given the constraint of the incidental nature of the item in promotion compared to the first one.

For any report, complaint or request for support, it is possible to directly contact Ca' Brusà by sending an e-mail through the page Contact us, mentioning the order number assigned at the conclusion of the order and reported in the order confirmation that was sent by e-mail.

LIMITATION OF LIABILITY

1 Ca' Brusà takes no responsibility for any damages caused by any use or any incorrect use of the service supplied by www.cabrusa.eu. In no case should Ca’ Brusà, its representatives and its employees be responsible towards the User or anybody else.

2 Ca' Brusà takes no responsibility for errors and failures inside the website www.cabrusa.eu or any other website referred to or connected to it.

3 Ca' Brusà reserves the right to constantly update the website www.cabrusa.eu in any moment. The information may contain inaccuracies of any kind or typing errors.

4 Ca' Brusà does not ensure that the services will be performed without interruptions, this will be stated in advance except for reasons that are beyond Ca' Brusà’s control.

5 Ca' Brusà is the lone responsible according to the evaluation of the accuracy, completeness and usefulness of what is supplied by the website Ca' Brusà.

6 Ca' Brusà declines any responsibility towards the purchaser or any third parties for indirect, accidental, consequent, punitive or exemplary damages (including, without limitation, loss of earnings, incomes, commercial opportunities) emerged from or related to a product or a service supplied by Ca' Brusà or from the use or the impossibility to use this product or service.

7 Ca' Brusà takes no responsibility for any inefficiency due to force majeure as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and any other similar event that could prevent, in whole or in part, to implement the time agreed in the contract. Ca' Brusà will not be retained responsible towards any part according to the damages, losses and costs sustained as a result of the non-execution of the contract for the reasons mentioned above, as the Customer shall only be entitled for a refund of the price paid.

8 Without prejudice to the case of fraud or gross negligence of Ca' Brusà, it is now agreed that, if found responsible for Ca’ Brusà in any way to the Customer - including the case of default, in whole or in part, of the obligations assumed by Ca’ brusà towards the Customer as the result of the execution of an order- the responsibility of Ca' Brusà may not be higher than the price of the Products purchased by the Customer and for which the dispute arose.

USER’S RESPONSIBLITY

User shall ensure that his own details are true, complete, updated and shall promptly communicate any change of these. In the case of any false statement, there will be the loss of the benefits obtained from the supplied services. Ca' Brusà reserves the right to elide such entities from its own users’ lists, after formal and unaccepted invitation to the auto correction.

PLACE OF JURISDICTION

The present contract is governed by the rules of the legal system of the Italian Republic. Any dispute about this contract will fall within the exclusive jurisdiction of the Asti Court.

COPYRIGHT E TRADEMARK

Given that, Ca' Brusà has no voluntary intention to reproduce any material subject to copyright or in breach of the law in its pages ; also given that the source is acknowledged for any original and protected material published on Ca' Brusà, in case of a violation of material subject to copyright, regardless of the subject being the holder of if, he is forced to notify it to the Staff of Ca' Brusà (making a phone call or sending an e-mail through the page Contact us) that will immediately investigate and resolve, when the circumstances are established, by removing such content. 

It is underlined that any product or name of product and their description, any Denomination and related descriptions, companies, entities, names of persons, brands, logos mentioned in this website are brands or works belonging to their owners and can be protected by patents and/or copyrights granted or registered by the competent authorities. 

It is also specified that all the contents of the website Ca' Brusà, as texts, files, tables, information on the website’s pages, design features, HTML, logos, keys, icons, images, graphics, audio-video pieces, compilation (meaning collection, arrangement and assembly), all software, source codes, application projects, formulas, algorithms, databases etc., used in the website, are to be considered the exclusive property of Ca' Brusà or its contents’ and products’ suppliers and are protected by the national (L. 663/1941 and subsequent modifications) and international laws on the copyright, on the patents and on the laws related to the intellectual and/or industrial property; 

The user cannot change, duplicate, distribute, transmit, reproduce, publish, license, create derivative works, transfer or sell information, software, products or services obtained by this website even without making any profit.
Any use different from the one planned in the present “General and Contractual Conditions of Sale” of Ca' Brusà on Ca' Brusà including the reduction, modification, distribution, transmission, reproduction, display or performance of the content of this website is forbidden and whatever unauthorized use of the resources present on Ca’ Brusà is to be considered a copyright violation, except in case of a more serious misconduct, exposing the responsible to the related civil and penal consequences laid down in art. 171, 171-bis, 171-ter, 174-bis and 174-ter of the law 633/1941 and subsequent changes.