Legal notice

www.johnnysofflicense.com

 

Terms and conditions

 

The Italian version of these terms and conditions is the legal and binding version.

 

Italian Law on publishing  (Law 62/2001)

 

The owner of www.offlicense.it website is John Oliver Nolan OffLicense.

This website is not an online newspaper. The website is hosted by Netsons.com server and does not have scheduled updates.

It is updated only on the products availability. The website is tended by Johnny’s OffLicence’s shop, based in Rome, Italy.

 

Information under Article. 1 of the Law Decree N. 72 of the 22nd MARCH 2004, changed into Law N. 128 of the 21st MAY 2004,

All the published material on the website has been authorized by the legal owners according to the copyright Italian Law 633/1941. John Oliver Nolan Offlicense has the legal ownership of the copyrights, exceptions will be specified. Any reproduction or unauthorized public diffusion can be pursued by law. The use for scientific matters or educational purpose is allowed.

 

1.General

 

John Oliver Nolan Offlicense, via Veio n. 4, 00183 Rome Italy

tel.0039(0) 677250130, e-mail info@offlicense.it, P.Iva 08209141004, iscritta al Registro delle Imprese con il num. RM – 1084884, iscrizione REA del 20/12/2004, CCIAA di Roma via the www.offlicense.it website and it’s other applications for mobile devices is selling online alcohol goods.

 

When the customer enters the website and/or registers to www.offlicense.it, or places an order he is accepting these terms and conditions, as under the Article. 1341 of the Italian Civil Code. He is also accepting the website’s Privacy Policy.

 

The sales contract refers to the “Distance Contract” and that is the legal transaction concerning goods concluded between a supplier, www.Offlicense.it with headquarters in Rome, Via Veio 4-00183 and a consumer client within a system of organized distance sales from supplier management through online catalogues.

 

The customer is an individual person who buys for his private consumption.

Anyone else will be considered a business corporation.

 

Customers must be aged 18 or over to purchase alcoholic beverages. It is an offence to sell alcohol to anyone under the age of 18 in the Italy and most countries in the world.

 

When ordering and making a payment customers are deemed to have accepted our Terms and Conditions and to have confirmed that they are aged 18 or over.

 

 

2. Terms and conditions for selling alcoholic beverages online.

 

This precondition is an essential part of the terms and conditions.

This contract, except where exceptions are specified in the Terms and Conditions, will fall under the Legislative Decree 70/2003 on the online trade, and the Legislative decree 206/2005 (Consumer Code) for the Costumer, specifically the Articles 50 and next that regulate “Distance Contracts;” Privacy Policy  falls under the Legislative Decree 196/2003.

 

The terms and conditions are translated in both english and italian. To place an order you must understand at least one of these languages.

 

Every concluded contract will be stored both in electronic format and in paper and the contents will be accessible to the shop owner and it’s staff for the purpose of executing the order. It will also be available to third parties in respect of the Privacy Policy, as described on the website.

 

By submitting an order from the Website, which has the value of a contractual offer, the customer gives permission to the seller to contact him by email, telephone or fax in order to execute the contract. Also, when placing an order the customer fully accepts the Terms and conditions and the Privacy Policy of www.offlicense.it. If these are not accepted it is impossible to conclude the contract.

 

The contract is concluded exclusively via the website www.offlicense.it and in respect of it’s terms and conditions.

 

It is the seller’s right to accept or deny orders.

 

To submit an order the customer has to register to the www.offlicense.it website. The registration to the website is free. To acvtivate the account the customer will have to follow the instructions that he will receive via email after having registered. Once the account has been activated and the order received

we will check the availability of stock then a confimation email with the details of the order will be sent to the customer. Only after receiving this email the contract can be considered accepted by us.

 

We reserve the right to withdraw or replace products in our Online Store without notice. Merchandise prices and specifications are also subject to change without notice.

 

The customer is the only one responsible for the use of his account. He has to store his data with care and privacy.  He will be responsible for unauthorized third parties using his account and of any damage caused by these to the website or third parties. It is his responsibility to promptly report to the website via email, and confirm with registered letter in 48 hours, any violation of his account.

Www.offlicense.it can, at anytime, cancel, remove, block or not accept any data entered in the website by it’s customers.

 

These Terms and conditions can at anytime be updated or modified. Registered customers will be asked to accept the new Terms and Conditions.

 

The Terms and Conditions will stay valid even if the seller changes it’s legal status or website domain.

 

All the communications between the parties, the stored data, the browsing history on the website and the orders made could be used to reconstruct the history between the customer and www.offlicense.it.

 

 

3. Prices, delivery and payment.

 

All prices are quoted are in euros.

 

All prices quoted are inclusive of VAT at the current rate

 

All prices quoted do not include delivery. Delivery expenses are shown in the customer’s cart before the order is placed.

 

We aim to ensure the prices shown on our Online Store are correct. In the event that an error does occur, we will make every effort to contact you to confirm if you would like to proceed with the order at the correct price.

 

Payment will be taken at the time of ordering.

Payment can be made using credit/debit cards through Paypal or at the moment of delivery with an extra charge.

Card payments are made through a secure server Paypal. www.offlicense.it does not store customer’s financial details. Your personal details are not passed to any third party. We cannot be held responsible for any illegal activity to credit cards or method of payments.

We are not responsible for wrong or incomplete data inserted by the customer during the payment.

 

We cannot accept responsibility for delivery failure if you provide an incorrect address and postal code or incorrect contact telephone number. Please check this information when placing your order.

 

If the order is a gift and contains alcohol, the recipient must also be aged 18 years or older. If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If he cannot prove it the courier will not deliver the products, he will leave a notice of attempted delivery. The customer will be responsible fo the extra charges.

 

We will use our best endeavours to deliver your order promptly but cannot accept any liability for a delay, howsoever caused. We do not deliver on Saturdays, Sundays or public holidays unless by prior arrangement. This service will incur additional charges.

 

It is the responsibility of the customer to report goods damaged in transit. Sign the courier’s delivery receipt only after having checked the goods are in perfect condition.

 

 

Signature at the point of delivery acknowledges receipt of the goods.

 

If you receive your products in a poor condition (e.g. broken bottles.), please inform us immediately calling 0039(0)677250130 or by e-mailing info@offlicense.it. We will give you a refund on damaged bottles only.

Refunds will be given to the customer within 30 days after the goods have been delivered.

 

We cannot be responsible for any service executed by third parties.

 

 

4. Seller’s responsibility

 

We shall not be liable for the failure to fulfil any terms of any transaction governed by these conditions of sale if fulfilment has been delayed, hindered or prevented by any circumstances whatsoever which is not directly within its control such as, but not exclusively, Act of God, Government regulation or order, fire, theft, flood, strike, riot, insurrection, war, national emergency, power shortage, pandemic, terrorist activity.

www.offlicense.it cannot be liable for breach of these conditions for any loss or liability arising from circumstances of force majeure.

We shall not be liable to pay any compensation to you, other than any refund as stated above. In particular, but without limitation, we shall not be liable to you for loss of profit, damage to goodwill, or any indirect or consequential loss or damage arising out of any damage, defect, negligence or other failing on our part.

 

www.offlicense.it will not be held responsible for any loss, consequential loss or damage to any individual or business which may have occurred from the use (or misuse) of any product or any information contained on this website.

 

We can suspend the website anytime we want for technical, security or operational reasons.

 

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, size and label graphics.

We make every effort to ensure that the information on this website is correct. However, www.offlicense.it takes no responsibility and shall not be held liable for information that is incomplete, inaccurate or out of date.

 

We are not responsible for any third parties links connected to www.offlicense.it.

 

The connection to other website through links does not assume that we are in anyway sposoring or partners with such websites.

 

Although we do our best to keep a safe website we cannot be responsible for hackers or virus who manage to break in and cause damage.

 

 

5. Consumer Rights

 

In case of faulted goods the Law Decree 206/2005 will be applied, especially the articles from 128 and next.

 

In this case the customer has two months time to inform the seller of the faulted good, as specified in the Consumer code.

 

 

6. Customer obligations.

 

The customer has no right to pass the contract to third parties or any rights deriving from it.

 

It is forbidden to give untruthful data when registering to the website, when placing an order and in general in all the communication between the two parties.

Www.offlicense.it will legally pursue any violation of the website and it’s Terms and Conditions.

 

 

7.Returning the goods

 

We will cancel your order and refund any payment provided cancellation is within 10 days after the receipt of the goods and that the goods are returned in good condition, unopened and sealed.

 

It is the customer’s responsibility to ensure the goods are correctly repackaged and safely returned.

 

If you try to give back goods that have been opened, used or in anyway are not in their original state we will not accept them and will post them back with the delivery expenses.

 

Refunds will be made within 30 days from the date of cancellation.

 

Goods may be returned within 30 days of delivery if you are not satisfied for whatever reason. It is the customers responsibility to ensure the goods are correctly repackaged and safely returned to the address below:

 

Johnny’s OffLicense (Returns)

Via veio 4

00183

Rome, Italy

 

 

8. Termination clause

 

If one or more conditions to the customer’s obligations, written here in the Terms and Conditions, shall not have met then we can cancel the contract as by the article 1456 of the Civil Code. We have a right to proceed legally but not an obligation to act.

 

 

9. Processing of personal data. Indemnity.

 

The customer is informed through the Privacy Policy of the website that his personal data will be stored both electronically and in paper to fulfil the contract.; that we are legal owners of the database; that, as in Article 7, of the Law decree 196/2003, the customer can access, modify, cancel or forbid the use of the data regarding him by contacting us in written form.

 

We will not pass through or diffuse your personal data, except where specified to fulfil the contract and where specified in the Privacy policy.

The customer gives us permission to communicate personal data to third parties, that are not part of www.offlicense.it, to carry out management and administrative services relative to the contract.

 

The customer agrees that his data can be used anonymously and aggregated for statistics and market analysis.

 

 

10. Intellectual and Industrial property rights.

 

All industrial and intellectual property rights are reserved.

 

All the website contents (such as text, images, video, data, ecc…), it’s format, management and presentation of the contents (graphic design, layout, software, ecc…) are protected by Italian and international copyright.

 

 

11. Applicable law and jurisdiction

 

The sale agreement between the Customer and www.offlicense.it is made in Italy and is governed by Italian law.

 

The parts will try to solve the litigation through a certified Mediation Centre, as by the law decree 28/2010, chosen by the applicant party before any arbitration or legal proceedings.

 

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 Rome, excluding any other competent court.

 

12. Final dispositions

 

In the unlikely case that any one of the Terms and Conditions written here are considered void all the rest will remain valid.

 

The content of the terms rules and not it’s title, the title only helps make the Terms and Conditions easier to read.

 

The contract can be modified only in writing.

 

 

You have read and accepted the above Terms and Conditions.

 

 

 

Last review: November 2013

 

www.offlicense.it reserves the right to amend these Terms and Conditions without notice at any time. Your continued use of this site and the Online Store after changes are posted will constitute your acceptance of the changes to these Terms.