Article 1 – Definitions
In these general terms and conditions the following definitions apply:
1. Drinkwater: the Company DRINKWATER;
2. Buyer: a natural person who enters into a remote agreement with DRINKWATER while not acting in pursuance of a profession or for a company;
3. Remote agreement: an agreement under which exclusively one or more techniques for remote communications are used to conclude the agreement within the framework of a system organised by DRINKWATER for remote sales, of products and/or services.
4. Right of Withdrawal: the Buyer’s right to cancel the remote agreement within the cooling-off period.
5. Permanent data carrier: any means that enables the Buyer or DRINKWATER to store data that are communicated to them personally in such a way that future consultation and unaltered reproduction of the stored data is possible.
Article 2 - DRINKWATER data
Via Giacomo Watt 37
20143 (MI) Milan
Chamber of commerce: 2678674
Vat number: IT12690850966
Article 3 – Applicability
1. These general terms and conditions apply to any remote agreement between DRINKWATER and the Buyer. DRINKWATER expressly excludes the applicability of any terms, including those of delivery, dictated by the Buyer, unless otherwise agreed upon in writing.
2. Before concluding a remote agreement, the text of these general terms and conditions will be made available to the Buyer. If in all fairness such is not possible, it will be communicated to the Buyer prior to concluding the remote agreement that the general terms and conditions can be perused at DRINKWATER and that they will be sent to the Buyer free of charge and as soon as possible.
3.Supplements to or deviations from these general terms and conditions are valid only if they have been expressly accepted by DRINKWATER in writing. In such a situation, any other stipulations in these general terms and conditions shall remain fully valid.
Article 4 – Offers
1.If an offer has a limited period of validity or if certain conditions apply to the offer, such will be explicitly stated in the offer.
2.The offer will provide a complete, accurate and detailed description of the products and/or services to be provided, allowing the Buyer to judge the product/service adequately. When pictures form part of an offer, they are faithful pictures of the products and/or services to be provided. Obvious mistakes or errors in an offer are not binding for DRINKWATER.
3.Each offer will provide the information required by the Buyer to know his/her rights and duties upon accepting the offer.
Article 5 – The agreement
1.The agreement becomes valid the moment the Buyer accepts the offer and meets the terms and conditions, on condition of the stipulations in Article 5, paragraph 4.
2. If the Buyer accepts the offer via electronic means, DRINKWATER will immediately confirm receipt of the acceptance of the offer via electronic means.
3. If the agreement is concluded via electronic means, DRINKWATER will take the appropriate technical and organization all measures to protect the electronic transfer of data and provide a secure web environment. If the Buyer wishes to pay electronically, DRINKWATER will provide the appropriate security measures.
4. Within the limits of the law, DRINKWATER may gather information about the Buyer´s ability to fulfil his/her commitments regarding payment, and all facts and factors that are relevant to entering a remote agreement in a responsible way. If such research gives DRINKWATER sound reason to not enter into an agreement, DRINKWATER is entitled to refuse an order or request, or to impose special terms for its execution while explaining why.
5. DRINKWATER will send the following information to the Buyer along with the product or service, in writing or in such a way that the Buyer can store it on a Permanent data carrier in an accessible manner: a. DRINKWATER’s visiting address: where the Buyer can turn to in case of any complaints b. The conditions under which and how the buyer can exercise his/her right of withdrawal from the agreement or a clear statement of the withdrawal right being inapplicable c. Information about the service after purchase and any warranty d. the price including any taxes on the product, service or digital content; insofar applicable the costs of delivery; and the method of payment, delivery or execution of the remote agreement;
6. If DRINKWATER has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies only to the first delivery. General terms and conditions
Article 6: Right of return upon product delivery
1. When purchasing via our webshop the Buyer will receive 30 days of "right of retun"after receiving the product. The Buyer can return any items, including limited edition designs, within 30 days of receiving them, for any reason and free of charge.
2. When the product is damaged, the Buyer has the option to withdrawal the agreement within 14 working days. This period expires after the Buyer has received the product.
3. The Buyer shall only be liable for diminished value of the product which is a result of handling the product in a way that goes beyond the permissible scope of paragraph 2.
4. The Buyer shall not be liable for diminished value of the product if the operator party has not provided all the obligatory legal information about the right to withdraw before or when entering into the agreement.
5. If a Buyer exercises his right to withdrawal, he shall give notice to DRINKWATER of this, within the cooling-off period, by means of a model form for withdrawal or otherwise in an unequivocal manner.
6. As soon as possible, but in any case within 14 days from the day following the said notice of paragraph 5, the Buyer will return the product, or hand it over to DRINKWATER. In any case, the Buyer shall observe the withdrawal period before the cooling-off period has expired.
7. The Buyer returns the product with all delivered accessories, in case reasonably possible in its original state and packaging, and in accordance to the reasonable and clear instructions given by DRINKWATER.
8. Risk and burden of proof for the correct and timely performance of the right of withdrawal lie with the Buyer.
9. The Buyer shall bear the direct costs of returning the product, unless DRINKWATER has not stated that the Buyer shall bear these costs or if DRINKWATER has indicated to bear the costs.
10. If the Buyer exercises his right of withdrawal, all additional agreements shall be terminated by operation of law.
Article 7 – Costs in the event of withdrawal
1. If the Buyer makes use of his right of withdrawal, the direct costs of return are at his expense unless the product is delivered damaged. In addition, €4.90 processing and administration costs are charged when returning poster(s).
2. DRINKWATER shall reimburse all payments received from the Buyer, including any delivery costs charged by DRINKWATER for the returned product, promptly, but in any case within 14 days upon the day on which the Buyer has given notice of the withdrawal. Unless DRINKWATER offers to collect the product by themselves, DRINKWATER may wait to repay until they have received the product or the Buyer indicates that he has returned the product, whichever is the earliest.
3. BDRINKWATER shall use the same method of payment for repayment as the Buyer has used, unless the Buyer consents to another method. Repayment is free of charge for the Buyer.
4. If the Buyer has selected a more expensive method of delivery than the least expensive standard delivery, DRINKWATER shall not have to reimburse the additional costs for the more expensive method.
Article 8 – Exclusion from the right of withdrawal
1. If the Buyer does not have the right of withdrawal, DRINKWATER will explicitly state such in the offer, sufficiently in advance of entering into the agreement.
2. The right of withdrawal is always excluded for products: a) that DRINKWATER has produced according to the Buyer’s specifications, or b) that are clearly of a personal nature, or c) that cannot be returned on account of their nature.
Article 9 – Price
1. The prices of the products and/or services offered will not be raised during the period of validity, with the exception of price modification due to changes in VAT rates or other governmental levies.
2. In deviation from the previous paragraph, DRINKWATER may offer products or services with variable prices. This applies to products or services the prices of which are subject to fluctuations in the financial market that are beyond DRINKWATER’s realm of influence.
3. Price increases within three months of entering into the agreement will occur only if they are the result of legal regulations or stipulations.
4. Price increases after three months of entering into the agreement will occur only if: a) they are the result of legal regulations or stipulations, or b) the Buyer is authorized to cancel the agreement before the day on which the price increase applies.
5. All prices of the offered products or services include VAT, unless indicated otherwise.
Article 10 – Conformity
1. DRINKWATER guarantees that the products and/or services will comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usability, and the provisions of the law and/or government regulations existing on the date the agreement was entered into. The Buyer accepts that DRINKWATER’s production method may change the properties of the supplied picture(s), such as colour, contrast, clarity, focus or graphical representation.
2. The Buyer declares that he/she is aware of the production process of the product and is independently responsible for supplying the required documentation sufficiently and in the correct quality, including the picture and/or photograph to be taken.
Article 11 – Intellectual property rights
1. When DRINKWATER carries out an agreement, such may involve the replication and/or publication of third party works that are protected by intellectual property rights. Publication, replication and/or use of such works (for instance, picture, photographs, paintings, drawings or logos) by Buyer is prohibited without the prior written permission of the third party who holds the intellectual property rights.
2. The Buyer guarantees that (i) he/she is authorized to commission DRINKWATER to use the pictures, photographs, paintings, drawings or logos provided by Buyer for the DRINKWATER products and delivery process, and (ii) no rights of third parties are violated. Buyer indemnifies and holds DRINKWATER harmless against all possible third-party claims relating to any rights, including intellectual property right, regarding the products ordered by the Buyer.
3. The Buyer is allowed to use DRINKWATER´s copyrighted materials for private use only and in the family circle. Under no circumstances may the pictures be reproduced or made public.
4. The intellectual property rights concerning the information displayed on DRINKWATER’s website, including texts, photographs, illustrations, graphical material, names/trade names and logos belong to DRINKWATER. Under no circumstances will any of DRINKWATER’s intellectual property rights pass on to persons who gain access to and/or are using DRINKWATER’s website.
5. The contents of DRINKWATER’s website may be used only for non-commercial private purposes. The user may not replicate the content of the site or forward, disseminate or make it available to third parties for financial gain without the prior written permission of DRINKWATER.
6. If the Buyer replicates or makes public a picture falling under DRINKWATER’s copyrights without DRINKWATER’s permission, the Buyer is immediately due, and therefore without any notice of default required a payable contractual penalty of 300% of the original sales price. Additionally, DRINKWATER retains the right to claim additional damages through legal proceedings.
Article 12 – Delivery and implementation
1. DRINKWATER will exercise the utmost care when receiving and executing product orders, and when assessing requests for the provision of services.
2. If through force majeure DRINKWATER cannot deliver in accordance with the agreement, DRINKWATER will inform the Buyer of such as soon as possible and shall not be liable to pay any damages.
3. In the case of force majeure, BDRINKWATER may, after consultation with the Buyer, repudiate the agreement or suspend delivery until such time that the situation of force majeure ceases to exist.
4. “DRINKWATER is not liable for any breaches of contract with the Buyer if these are not attributable to BDRINKWATER or if this is not at DRINKWATER’s expense by virtue of the law, the agreement or the common opinion.
5. The address provided by the Buyer to DRINKWATER will be the place of delivery. DRINKWATER will not be liable for any damages the Buyer may suffer through late delivery by DRINKWATER.
6. Unless expressly agreed otherwise, the risk of damages and/ or loss of products rests with DRINKWATER until the moment of delivery to the Buyer. If the product is damaged during transport, DRINKWATER’s liability is limited to the maximum compensation sum laid down by the transporter and/or the transporter’s insurer.
Article 13 – Payment
1. Unless provided otherwise in the agreement or additional conditions, amounts due by the Buyer must be paid within 14 days after the start of the withdrawal period, or in the absence of a withdrawal period within 14 days after entering into the agreement. In case of an agreement concerning a service, this term shall commence on the day after the Buyer has received confirmation of the agreement.
2. DRINKWATER offers the possibility to pay upfront by means of Ideal. The Buyer must pay at least 50% of the amount due in advance. If an advance payment is stipulated or the consumer consents to full payment in advance, the Buyer may not assert any rights with regard to the execution of the relevant order or services, before the advanced payment has been paid.
3. The Buyer is obliged to immediately notify DRINKWATER of errors in the provided or stated payment details.
4. If the Buyer does not comply with its payment obligations, then the Buyer is, after he has been informed by DRINKWATER of late payment and DRINKWATER has awarded the Buyer a period of 14 days to comply with his payment obligations, after failure to pay within this 14 day period, due legal interest to the amount still outstanding and DRINKWATER shall be entitled to charge extrajudicial collection costs. These collections costs amount to a maximum of: 15% over outstanding amounts till € 2,500; 10% over the following € 2,500, and 5% over the following € 5,000, with a minimum of at least € 40.
5. The DRINKWATER gift card which can be used to purchase products is valid till 1 year after purchase and can exclusively be redeemed in the DRINKWATER web shop (www.guzzerie.com).
Article 14 – Warranty
1. DRINKWATER does not guarantee that its supplied products can resist ultraviolet radiation or any other environmental factors.
2. If the design, material or production of the product is flawed, the Buyer is entitled to have the product repaired by DRINKWATER or, if product repair is not possible, the Buyer is entitled to have it replaced by DRINKWATER.
3. No warranty applies to damages arising from the incorrect use or application of the products supplied.
4. The proof of purchase (the order confirmation upon payment) is the certificate of guarantee.
5. If repair or replacement is not possible, DRINKWATER is entitled to repudiate the agreement and to credit the Buyer for the entire sum.
Article 15 – Settlement of complaints
1. Complaints about the execution of the agreement must be submitted to DRINKWATER within a reasonable period of time, fully and clearly described, after the Buyer has taken note of the shortcomings.
2. Complaints submitted to DRINKWATER will be replied to within 14 days. If a complaint requires a longer processing time, DRINKWATER will communicate this within 14 days by confirming receipt of the complaint and indicating when the Buyer may expect a more detailed response.
Article 16 – Liability
1. DRINKWATER is not liable for any damages arising from DRINKWATER’s use of incorrect information provided by the Buyer, unless DRINKWATER knew about the incorrectness of such information.
2. DRINKWATER is not liable for any damages arising from products supplied being used inappropriately.
3. BDRINKWATER is not liable for any damages arising from products being used by the Buyer, unless these damages can be attributed to DRINKWATER’s intent or gross negligence.
4. If DRINKWATER is liable for the Buyer’s damages arising from a shortcoming in the execution of this agreement, DRINKWATER’s liability will be limited to the amount of the purchase price.
Article 17 – Applicable law and competent judge
Any disputes arising from and/or pertaining to the offers, quotations, these general terms and conditions shall be exclusively governed by Italian law. Any disputes between Buyer and DRINKWATER will be submitted to the competent court of Milan, unless DRINKWATER. chooses to bring the case before the court of the Buyer’s domicile or another court with territorial jurisdiction pursuant to the law.