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Welcome to our website dedicated to the sales of Heineken® branded merchandise, available at heinekenstore.com, for consumers in Italy (“Website”). The Website is operated by Online Drinks B.V. (references to 'our', 'we' or 'us' is to Online Drinks B.V.). Online Drinks B.V. is a company registered in The Netherlands under company number 66502063 and with our registered office at Tweede Weteringplantsoen 21 H, 1017 ZD Amsterdam, The Netherlands. Our VAT number in Italy is IT 00185739992. To contact us, please see our Contact Us page.
These terms and conditions as well as the terms and conditions dealing with specific matters in any policy or document to which a link access is provided herein (the “Terms”) will apply to your use of the Website and to any purchase by you of any of the products listed on the Website (“Products”).
By using this Website, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you may not use the Website.
Please note that before placing a purchase order on the Website you will be asked to agree to these Terms and to register. Please read them carefully before you submit your order. If you do not accept these Terms or agree to registration, you will not be able to order any Products from our Website.
2. TERMS OF SALE
2.1 LEGAL DRINKING AGE
2.1.1 Since the Products are branded with trademarks and logos of an alcoholic brand, and that the products containing alcohol can only be purchased by persons who satisfy the minimum legal age requirement of 18 years old, the purchaser and recipient of Products ordered on the Website must be 18 years old or over.
2.1.2 We have a number of age verification and control checks throughout the purchase process to ensure we are meeting our legal requirements and we reserve the right to decline or cancel your order at any time if we have reason to believe you or the recipient of the Products do not satisfy the minimum legal age requirement.
2.2 OUR PRODUCTS
2.2.1 Our Products can only be ordered if you have registered your details with us and created an account. In accepting these Terms, you agree to provide us with truthful and accurate information about you.
2.2.2 We take reasonable care to ensure that all details, descriptions and prices quoted in respect of any Products on the Website are correct and accurate when the relevant information is entered into the system. While we work hard to keep the Website as up to date as possible, the information on the Website relating to the Products may not be correct at the moment you place your order. We will rectify any such errors as soon as possible from when we become aware of them.
2.2.3 All prices and charges on the Website are in Euro and are inclusive of VAT.
2.2.4 Delivery charges may be added to your order. The amount of delivery charges applicable to your order may vary depending on requested delivery method and order value. Such delivery charges will be clearly displayed in the order process prior to you finalising your order. Information on delivery charges is also available in the FAQ section of the Website. If you do not accept the delivery charges you can end the order process before completing your order. A maximum value of an order may be applicable.
2.2.5 All Products shown on our Website are subject to availability and delivery times are estimates only.
2.2.6 Please note our Website is solely for the promotion of our Products in Italy.
2.3 PLACING AN ORDER AND ACCEPTANCE
2.3.1 After registering as a user or logging in as a registered user on the Website, you can create an order by following the onscreen prompts after clicking on the Products you wish to purchase. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3.2 Before placing an order you will be asked to confirm you have read and accept these Terms. If you have any questions regarding these Terms, please Contact Us before placing an order.
2.3.3 Once you are ready to place your order, you can follow the ordering process and submit your order by clicking on ‘Buy now’ button on the ‘Order’ page. After you have clicked on ‘Buy now’ you are unable to amend your order from this point and will be re-directed to the payment page to process your payment.
2.3.4 After completing the payment process on the payment page, you will receive an e-mail from us acknowledging that we have received your placed order (“Confirmation Message”). The Confirmation Message will include details about your order, including the Products and prices (including delivery charges and taxes), as well as key terms of your order. You should store and/or print this e-mail for your records. If you do not receive this Confirmation Message within one working day of placing your order please Contact Us.
2.3.5 Please note that placement of an order by you on the Website is an offer to buy the relevant Products from us, and is subject to our acceptance. Acceptance of your order, and formation of a contract between you and us, will only take place when you have received a notification that your items have been dispatched. You will own a Product when we have received payment from you in full.
2.3.6 We reserve the right to cancel your order if the Products are unavailable, payment has not been duly received or we have reason to believe you do not meet the minimum legal age requirement for placing or receiving an order.
2.3.7 If your order is cancelled we will notify you as soon as reasonably possible and will refund any amount paid by you for such Products as soon as possible, but ultimately within 14 days of cancellation.
2.3.8 If we are unable to fulfil your order because the Products are unavailable, we will contact you via e-mail or phone to offer a reasonable substitute, or to notify you when we expect such Products to be back in stock. Acceptance of any alternative suggestion is entirely at your discretion and does not affect your right of cancellation.
2.4 PRICE AND PAYMENT
2.4.1 The prices for the Products will be the price indicated on the Website order page when you placed your order. The prices listed may change from time to time without notice to you. However, such changes will not apply where we have accepted your order, subject to any inadvertent technical error for which we will not be liable. If we accept and process your order where a pricing error has occurred which is obvious and unmistakeable, we may cancel your order, refund any sums you have paid, and require return of any Products provided to you.
2.4.2 You can only pay for Products using the payment options as indicated on the Website. We do not accept any other method of payment.
2.4.3 All payment orders are processed via a payment service provider. The general conditions of the payment service provider are applicable to any such payment orders.
2.4.4 By using a credit/debit card to pay for your order, you confirm that the card being used is yours.
2.4.5 All cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment to us, we cannot accept your order and will not be liable for any consequent delay or non-delivery.
2.5 DELIVERY INFORMATION
2.5.1 Delivery of the Products will only take place within Italy.
2.5.2 You may place an order from outside Italy, however Products must be paid for by a credit or debit card that is registered to an Italian billing address, and must be delivered within Italy.
2.5.3. We offer standard delivery within Italy. Orders will be delivered within 6 working days during Christmas period. You can also pick up your order at a carrier Access Point of your choice. The estimated delivery date will be shown in the order process and will be confirmed in the dispatch message that also contains or has a link to a Track & Trace code.
2.5.4 Delivery will be via our third party delivery provider. We are not liable for delayed or incorrect deliveries if caused by circumstances that are outside of our control. If we are unable to meet the estimated delivery date, we will notify you as soon as possible and notify you of a revised delivery time.
2.5.5 Delivery charges may vary depending on promotions or special offers which we may run from time to time. Delivery charges will be in accordance with the terms and conditions of that promotion or offer. Any delivery charges will be clearly displayed to you in the order process prior to you finalising your order, as stated in section 2.2.4.
2.5.6 Orders will be delivered to the address that you specify when placing an order. You may also specify a different recipient for delivery of your order. You acknowledge that any acceptance by you, a nominated recipient, or by anyone else who accepts delivery on your behalf, is evidence of successful delivery having been made, at which point the Products become your responsibility.
2.6 RETURNS AND CANCELLATIONS
2.6.1 If you change your mind about the Products, prior to delivery, you can return your order by contacting us, pursuant to art. 52 and following of Legislative Decree No. 206 of 6 September 2005 (“Consumers’ Code”) and by following the process below.
2.6.2 Your right of cancellation starts from the date that we send you the Confirmation Message and expires 14 days from the day on which you are in physical receipt of the ordered Products, or where your order is delivered in multiple packages or in multiple lots, the day on which you receive the last of the packages or last lot (“Cancellation Period”).
2.6.3 To return your order, you just need to let us know that you have decided to return within 14 days after receiving the complete order. You can contact us by:
1) Phone: 800124599 (free call)
2) Fill out the Cancellation Form and send it to our Customer Service by email email@example.com
If you use one of these methods, we will send you an e-mail to confirm we have received your cancellation as soon as possible. Your cancellation will be effective from the date on which you have sent communication to us informing us that you wish to cancel. Please make sure you have provided such communication before the Cancellation Period expires.
2.6.4 When cancelling, please ensure you always include details of your order to help us identify it, as well as listing the Products you wish to return.
2.6.5 Customer Service will provide you with return label, which can be printed & added to the return package. You can deliver your package to a carrier Access Point. In case there is no carrier Access Point in your city available, Customer Service can arrange a pick-up service. Please note that you need to return your Products within 14 days after the cancellation of the order.
2.6.6 When you return your products, we reimburse the cost of the goods and shipping costs. Shipment costs for the return will also be paid by us. Please note that we only pay standard shipping costs and no additional shipment costs.
2.6.7 If any of the Products you have bought are faulty or misrepresented you may have a legal right to end the contract (or to get the Products repaired or replaced or to get some or all of your money back). Please Contact Us to find out how to return your Product. If the Products are faulty or misrepresented and you wish to return these, we will refund the delivery charges and any applicable costs incurred by you in returning the Products to us to the return address stated in 2.6.4.
2.6.8 We will endeavour to make any refunds due to you as soon as possible, but in any event we will make them within 14 days from the day on which we receive the cancellation notice. However, pursuant to art. 56, paragraph 3, of the Consumers’ Code, we reserve the right to hold the refund until whichever of the following first occurs: (i) we receive the Products or (ii) we are provided with evidence that you have sent the Products back to us. We will make any reimbursement using the same means of payment as you used for the initial transaction. You will not incur any fees as a result of such reimbursement.
2.6.9 Any returned Products should be in a fully re-saleable condition, with exception of Products which are faulty. Care should be taken not to damage or mark the Products or packaging, and returned Products should be complete with all accessories and/or parts. For hygiene reasons, we are unable to accept the return of Products such as swimming suits, in-ear plugs or Products with seals (such as caps or tabs) that have been broken after delivery. We may make a deduction from the reimbursement for any loss in value of any Products supplied to you, if the loss is the result of unnecessary handling or damage by you.
2.6.10 Please note that items purchased on promotion or special offer will be subject to the terms and conditions of that offer and refunded at the offer price, taking into account any discounts applied.
2.6.11 You can also find information of how to cancel and an explanation of how to exercise such rights in the Confirmation Message and on our FAQ page on the Website.
2.7.1 For general enquiries, if you are having problems with your Product, or you think there may be a fault, please Contact Us to find out how to return your Product.
2.8 PRODUCT WARRANTY
2.8.1 If any Product sold to you develops a defect while under guarantee, or you have any other issue with the Product, you should Contact Us in the first instance.
2.8.2 We warrant that the Products comply with the specifications mentioned with respect to such Products on the Website, are of satisfactory quality and comply with all applicable laws. The relevant statutory warranty term applies subject to Clause 2.8.3 – 2.8.6. In addition, the manufacturers of the Products may offer extra warranties, which should be mentioned on the product packaging or documents. We remind you that as a consumer you are entitled to require us within the term of art. 132 of the Consumers’ Code, the remedies provided by the Consumers’ Code for the Products conformity defects existing at the time of purchase.
2.8.3 We disclaim any and all other warranties, whether express or implied in relation to the Products, to the fullest extent permitted by law. Any warranty or guarantee given under these Terms does not affect your legal rights for faulty or misrepresented goods.
2.8.4 Any guarantee or warranty given under this section does not apply to defects in Products which have arisen as a result of fair wear and tear, wilful damage, accident or negligence by you, or any third party, failure to use the Product in accordance with our instructions, or alternation or repair carried out on the Product by you without our prior approval.
2.8.5 It is your responsibility to ensure Products are stored in a safe and appropriate manner.
2.8.6 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial purposes.
3.2 INTELLECTUAL PROPERTY RIGHTS
3.2.1 The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the HEINEKEN Company (Heineken N.V. and its affiliates and subsidiaries), its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You shall not, and shall not attempt to, obtain any title to any intellectual property rights. All rights are reserved.
3.2.2 We have a license for use of the visuals on the brand pages for brands of the various Heineken® sponsorships such as UEFA Champions League® and F1®.
3.2.3 You can use the Website only for purposes in line with these Terms and none of the material listed in clause 3.2.1. above may be reproduced, copied, redistributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.
3.2.4 You must not use any part of the content on our Website for other purposes without obtaining a license from us or from the other rights holders.
3.3.1 In spite of the continuous care and attention to the content of the Website, we cannot guarantee the completeness and correctness of our Website. Save in case of wilful misconduct (dolo) or gross negligence (colpa grave), we shall not be liable for any damages resulting from the use (or inability to make use) of this Website, including any incorrectness or incompleteness of information placed on the Website. We will only be responsible for any losses that you suffer as a result of our breach and to the extent that they are a foreseeable consequence to both of us at the time you placed the relevant order. Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our breach of contract, tort, fraud or negligence, or for any loss which cannot be excluded or limited by applicable law.
3.3.2 We cannot guarantee that the Website will function faultless and without any interruptions. We shall not be liable for damages that may result from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
3.3.3 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.3.4 Other than as set out elsewhere in these Terms, our maximum liability arising out of any order for the supply of Products to you shall be limited to an amount equal to the price paid for the Products in respect of the relevant order.
4.1 CONTACT INFORMATION
4.1.1 We are Online Drinks B.V., a company registered in The Netherlands under company number 66502063 and with our registered office at Tweede Weteringplantsoen 21 H, 1017 ZD Amsterdam, The Netherlands. Our VAT number in Italy is IT 00185739992. To contact us, please see our Contact Us page.
4.1.2 You may not transfer any of your rights under these Terms. We may transfer any of our rights or obligations under the Terms or a contract with you to any one of our group companies from time to time.
4.1.3 We are under a legal duty to supply the Products to you in accordance with the contract formed by our acceptance of your order pursuant to these Terms
4.1.4 If you have a problem with a product or service you bought online on heinekenstore.com you can submit your complaint via the Online Dispute Resolution Platform of the European Commission via the following address http://ec.europa.eu/odr which may allow out-of-court dispute settlement.
4.2 CHANGES TO THESE TERMS AND CONDITIONS
4.2.1 We advise you to print a copy of these Terms or to save them on your computer for future reference. Please note that we may amend these Terms from time to time. Therefore, every time you use the Website or wish to order any Products, please read and check these Terms before accepting to ensure you are aware of the conditions that apply at that time. We will try and give you reasonable notice of any major changes.
4.2.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
4.3 GOVERNING LAW AND JURISDICTION
4.3.1 These Terms and any contract entered into shall be governed and construed in accordance with Italian law and you can bring legal proceedings in respect of the Products in Italian courts.