General contractual conditions (CGC)

1 Premises and acceptance of general conditions of sale
These general contractual conditions (henceforth “General Conditions”) govern the offer of products for sale by 4Concept Srl (henceforth “the seller”) on the website www.lascamperia.com, (henceforth “the Site”).
The General Conditions must be accepted by the User at the moment of registering on the Site, to benefit from the offers presented and proceed to purchasing products.
4Concept Srl reserves the right to modify the General Conditions in whole or in part at any time. Notification of such changes will be provided to the User on the Site, with advance notice of not less than 30 days concerning changes in the means of using the products or services on offer. The users are therefore advised to consult this webpage periodically so as to remain informed of the conditions in force. The use of the Site following any such changes implies the User’s full acceptance of the changes.

2 Stipulation of the purchase contract
1 – The seller’s offer of sale is non-binding. A contract is created by the purchaser’s preparation of an order and its acceptance on the part of the Seller. An order can be made online.
2 – An online order is made by completing and sending the relevant form. The purchaser is able to check their request prior to placing their order. The purchaser’s order is placed when the user touches the button “order”, and the order is then binding.
3 – After sending the order, the purchaser receives an e-mail message from the seller notifying of the receipt of the order and the seller’s acceptance (order confirmation). This message does not indicate the execution of the purchaser’s order. The execution of the order takes place when the seller sends the goods ordered to the purchaser and confirms the shipment to the purchaser (shipping confirmation). The contract refers only the goods listed in the shipping confirmat
4 – The seller’s indications of the goods or service to be provided (e.g. weight, size, value, use, technical details) and the representation of these goods or services (e.g. drawings, illustrations) are valid approximations; however such indications are not a contractual guarantee of full precision. They are not an indication of guaranteed quality, simply descriptions or information on the services or goods to be provided. Variations from the indications are permitted, including due to legal provisions or for technical improvements, provided that such variations do not prejudice the usability for the purposes foreseen under the contract.

3 Delivery
1 – The purchaser’s acceptance of delivery indicates the full acceptance of all obligations regarding the terms and rules indicated, except in the case of unfulfilled contractual terms on the part of the seller.
2 – The terms and dates of delivery and performance specified by the seller are always approximate, except in the case that these are expressly guaranteed or there is agreement for fixed terms and dates. If the shipping is not expressly agreed, the terms and dates of delivery refer to the moment of the seller’s transfer of the goods to the shipper, courier or other third party engaged for the transport. The seller has the right to provide partial delivery of the goods only when:
-The terms of the particular contract permit the possibility of partial delivery;
-The delivery of the remaining goods is guaranteed by the seller;
-Partial delivery does not imply notable increases in costs or expenses to the purchaser (unless the seller declares that they will assume these costs);
-Shipment of the remaining goods is guaranteed to occur over a short period of time, considering the nature of the seller’s general business activity.
3 – If after the stipulation of the contract the seller observes that their right to receive the sale price is at risk due to insufficient capacities (e.g. opening of insolvency procedures against the buyer), the seller has the right under law to refuse the performance of the contract, and may fix a term for withdrawal from the contract. This clause does not invalidate any legal provision of terms for prior withdrawal from the contract.

4 Title retention agreement
1 – The seller reserves the ownership of the goods to be purchased until the purchaser’s payment of all current and future amounts owing, as indicated in the shipping and/or purchase contract, and the settlement of all current business relations.
2 – Third parties’ seizure orders, hypothecation and any pledge of the goods to third parties for security are not permitted. The purchaser must inform the seller in a timely manner if and to what extent any third parties have access to the goods to be purchased, subject to the title retention agreement, thus permitting the seller to exercise their rights of ownership, and must inform such third parties of the fact of the seller’s ownership.

5 Responsibility for Site access information
1 – The purchaser must not disclose any information on Site access, including their password, and must not permit access to unauthorised third parties.
2 – It is the responsibility of the purchaser to ensure that access to the Webshop is possible only for authorised persons. If the purchaser has reason to believe that unauthorised parties may learn or may already have learned their access information, they must immediately inform the seller. The purchaser is responsible for all use and/or other activity conducted with their access information, under the relevant legal provisions.
3 – The purchaser is therefore obligated to keep their personal information updated (including their address and contact data). If there is any change in the declared data, the purchaser must immediately correct the information provided. If the purchaser cannot succeed in changing the information online, they must immediately communicate the changes to the seller by e-mail or fax.

6 Prices and shipping costs
1 - All prices indicated on the seller’s Site are inclusive of IVA/VAT, in Euro.
2 – The relevant shipping costs are indicated to the purchaser in the order form, and are at the expense of the purchaser. For orders equal to or greater than six bottles, delivery within Italy is exempt from shipping expenses.
3 – Shipping is by courier and is only provided within Italy.

7 Means of payment
1 – The purchaser can carry out their payment by credit card (specifically Visa or MasterCard).
2 – Provision is made for payment of the purchase price at the moment of stipulating the contract. In any cases where the payment is agreed as due by a calendar date, the purchaser is immediately in arrears if payment is not fulfilled by such due date. In cases of arrears the purchaser must pay interest on the amounts owing to the seller, at the rate of 8 percentage points above the base interest rate.
3 – The purchaser’s obligation to pay the interest on arrears does not exclude the seller’s claim to further damages due to lateness in payment.

8 Guarantees; guarantee against defects
1 – The purchaser’s rights in the case of defects in the product or procedures are those established by law, except as further indicated in the following clauses.
2 – Any claim for defects presupposes that the purchaser has regularly fulfilled their obligations for inspection and notification. If a defect is observed during inspection or at any subsequent time, this must immediately be communicated to the seller, meaning with due diligence and timeliness. The seller must receive this notification as a necessary condition to proceeding with any claim.
3 – If there is a defect in the goods acquired, the seller has the right to provide “late performance”, in the form of the removal of the defect or the delivery of new goods without defects. If late performance fails or if the claim to late performance by the purchase is of no useful service, the purchaser has the right to request a refund or reduction in price.
4 – The seller can make the late performance conditional on fulfilment of the originally contracted purchase price; however the purchaser has the right to withhold a part of the purchase price in keeping with the extent and nature of the defect.
5 – Claims on the part of the purchaser for damages or unproductive expenses can only be made where these General Conditions permit (do not exclude) such claims, or where the seller has provided a relevant guarantee.

9 Responsibility
1 – Claims for damages shall not be accepted, with the exception of claims for damages where the purchaser’s life, physical safety or health have been compromised or for those due to the violation of a fundamental contractual responsibility (cardinal duty), or for responsibility regarding other damages resulting from the premeditated violation of responsibilities or gross negligence on the part of the seller, their legal representative or other agent. “Cardinal contractual duties” are those required for the execution or fulfilment of the aims of the contract.
2 – Regarding the violation of the cardinal contractual duties, the seller is responsible only for the foreseeable damages typical to the contract and when such violation has been caused by negligence, unless the claim is for compensation of damages where the purchaser’s life, physical safety or health has been compromised.
3 – The limitations indicated in clauses 1 and 2 refer also to the seller’s legal representatives and agents, where any claim is made against these parties.
4 – Any contractual guarantees remain, except for the limitations in responsibility specified above.
5 – Specifically, the legal provisions for responsibility concerning defective products remain valid.

10 Time limitations
1 – The general limit for claims due to defects in products or performance is 10 days from the date of delivery.
2 – The provisions of Italian law on commerce regarding settlement of proprietary claims by third parties in the case of wilful negligence by the seller remain valid, as do the provisions for claims against the seller in the case of improper final delivery to a consumer.
3 – The provisions of the laws on commerce also remain valid for claims of compensation by the purchaser for contractual and non-contractual damages that are based on faults in the purchased product, unless the limits under regular law provide for shorter time limits. In any case, the legal time limits on responsibility for damages due to defective products remain valid.
4 – For all other cases, any provisions for compensation of the purchaser’s damages are limited to those specified under law.

11 Protection of information
1 – The seller undertakes to manage the buyer’s personal information (hereafter “Personal Information”) in a responsible manner. The provisions for the protection of information are those stated by the seller.

12 Amendments and modifications
1 – Modifications and additions to the contract can only be made in writing. (This includes communicating any choice to rescind from the obligation of written information.)
2 – The use of communications by fax fulfils the obligations of written communication. Communication by telephone, Internet or similar means, particularly by e-mail, is not sufficient.
3 – If any of the above contractual provisions should be or become ineffective, the remaining provisions shall remain valid. Any ineffective provision will be substituted by an effective one, which provides complete satisfaction of the business and legal purposes originally intended.

13 Right of withdrawal/Refunds
The User who requests services for personal use has the right to withdraw from the purchase contract agreed with 4Concept Srl without any penalty and without need to provide any explanation, within 10 working days beginning from the date of receiving the products purchased on www.lascamperia.it, as provided under Article 52, clause 1 of Italian Consumer Law. The withdrawal can be carried out by the user as provided under Article 52, clause 1 of the Consumer Law, by providing an explicit declaration of the user’s decision to withdraw from the contract, to be sent by registered letter with return receipt, to 4Concept Srl, Via E. De Amicis 25, 20123 Milan (MI) ITALY, or by e-mail to the address info@lascamperia.it, or by fax to ++39 02 3707 2835. The registered letter, e-mail or fax must specify the product information and order number. The responsibility for proof of correct execution of the right to withdrawal, in keeping with the above procedures, rests with the User.
Following the correct execution of withdrawal from the contract, the User is obligated to return the relevant goods without delay, and in any case within 10 days from the date that the User has communicated his decision to withdraw from the contract, as provided under Article 54, clause 4. The relevant costs of shipping of the goods shall be at the expense of the User, in accordance with Article 57, clause 1 of the Consumer Law, except in the case that 4Concept Srl has informed the User otherwise at the moment of the parties agreeing to the contract.
As specified under Article 57 clause 2 of the Consumer Law, the user bears the full responsibility for the goods to be returned, and 4Concept Srl reserves the right to confirm that they are in the same condition as when they were delivered, or that the essential qualitative and quantitative characteristics of the products have not been altered, and that the product packaging and labelling have not been altered, within the limits possible. In the case that the original packaging and labelling are not available, the User is required to return the product in packaging that is appropriate for the preservation of its original conditions. 4Concept Srl reserves the right to refuse the return of food products that have been consumed by the purchaser in any way or part.

14 Applicable law and judicial forum
The present General Conditions are subject exclusively to Italian law.
The competent jurisdiction for any controversy concerning the application, the execution or interpretation of these General Conditions of Sale is the Court of Milan, Italy.