TERMS AND CONDITIONS OF USE

Mosaico Spirits SRL
Viale Regina Margherita 28, 20122 Milano (MI) ITALY

Owner's email address: info@mosaicospirits.it

 

 

1.1. The following General Terms and Conditions of Sale (hereinafter also “General Terms and Conditions”) govern the offer and sale of products and/or services (hereinafter “Product” or “Products”) on this MakeYourGin.com website (hereinafter the “Site”).

1.2. The Products purchased on the Site are offered and sold by Mosaico Spirits s.r.l., with registered office in Viale Regina Margherita 28, 20122, Milan (MI), enrolled in the Companies’ Register of Milan under no. 2555693 and P.I. 10767740961 (hereinafter, also “Supplier” or “MakeYourGin”).

1.3. The General Terms and Conditions must be accepted by the person accessing the Site (hereinafter, “User”) when registering on the Site in order to proceed with the purchase.

1.4. The Provider reserves the right to modify the General Conditions at any time, in whole or in part, which are tacitly accepted by the User with the use of the Site following the modifications made.

 

2.1. The sale of Products through the Site constitutes a distance contract governed by Legislative Decree No. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree No. 70 of 9 April 2003, containing the discipline of electronic commerce and their subsequent amendments.

2.2. Excluded from these General Conditions is the sale of products and/or provision of services by parties other than the Supplier that are present on the Site via hypertext links (e.g. links, banners), for which the Supplier is not responsible. The Supplier does not carry out any checks on the websites that can be consulted via such links and is not responsible either for the content of such websites or for any errors and/or violations of law on their part.

 

3.1. All products contain alcohol.

3.2. Sales on the Site are reserved exclusively for persons aged 18 years or over.

3.3. Purchasers who are not Italian citizens may only purchase Products on the Site if they have reached the age of majority under their national law.

3.4. If there is no legislation in this respect, you must be at least 21 years old.

3.5. In any case, the User who makes purchases on the Site indemnifies the Provider from any liability for any violation of the age limits for purchases under their national law.

 

4.1. Each bottle of gin is customised: it is produced according to the User’s specific recipe and accompanied by the label requested by the User.

4.2. The User warrants that the label requested does not violate any law or the rights of third parties, including personality rights and industrial and/or intellectual property rights, and in particular warrants that the form, graphics and text (by way of example only, the brand, image, design, colours and composition thereof, phrase, logo, slogan, lettering) are original creations and/or that he has acquired the rights to use them.

4.3. In particular, by way of example only, labels may not contain content that is
- pornographic, violent or offensive;
- that constitute an incitement to racism, intolerance, hatred or violence against any group, collectivity or individual;
- which direct exploitation of persons for sexual purposes or in a violent manner; t
- that harasses or incites harassment of another person;
- that includes information that is known to be false or misleading;
- that incites illegal activities or enterprises, abusive behaviour, threats, obscenity, defamation or libel, or that provides information and/or instructions and/or otherwise refers to illegal or unlawful activities, including but not limited to child pornography, fraud, trading in obscene material, drug trafficking, gambling, threats, harassment, spamming, spimming, sending viruses or other harmful files, copyright, patent and trademark infringement, theft of trade secrets;
- which include photographs without the consent of the person depicted or which are attempts to falsify, impersonate or misrepresent the identity of a third person;
- that infringe intellectual or industrial property rights;

4.4. The User indemnifies the Supplier against claims or actions of third parties and indemnifies the Supplier against all damages and costs related to the customisation required.

4.5. The Supplier reserves the right, however, to refuse and/or cancel orders with requests for labels that clearly contravene, even in a single part, e.g. the form, graphics and/or text, any legal provision and/or infringe third-party rights of any kind, including industrial and/or intellectual property rights and personality rights.

4.6. The User authorises the Vendor to publish on the TuoGin.it website the image of the customised bottle and any other indication it deems appropriate regarding the bottle produced, without the need for prior communication.

 

5.1. The Supplier reserves the right to refuse or cancel orders that come from
- from Users who have provided false and/or incomplete identification data or who have not sent the Supplier the required documents or who have sent invalid documents;
- from Users with whom a legal dispute is pending, including for breach of these General Conditions and/or a purchase contract with the Supplier
- by Users that have been involved in fraud of any kind, in particular relating to payments.

5.2. The User may request the cancellation of the order or obtain a different Product, subject to agreement with the Supplier and possible adjustment of the price, in the event that a Product, indicated as available on the Site, is not available when the order is being prepared or in the event of material errors in the purchase process or incorrect information in the information sheet due to material errors (e.g. the price of the Product).

 

6.1. Price of the Products: the Products are sold at the prices indicated on the Site. Prices are expressed in Euro and are inclusive of VAT.

6.2. Information sheet: information sheet images may differ from the product in terms of colour, size and accessories in the image. All purchase information is generic information material, not referring to the real characteristics of a specific product.

6.3. Shipping costs: shipping costs are borne by the User and the amount, in relation to a specific order, is expressly and separately indicated (in Euro and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds to transmit the order.
Delivery costs may be fixed or variable, calculated according to the weight, number of articles and/or destination address of the goods; they may be included in the sale price of some articles or be free of charge in the event that the total amount of the order exceeds a certain value or following a specific promotion.

6.4. Product availability: the User may only purchase the Products indicated on the Site and in the quantities in stock.

6.5. Order confirmation: Following successful payment, the User shall receive a confirmation e-mail containing information about the purchase, with a summary of the delivery and billing address. The goods are dispatched within the timeframe indicated in the order confirmation.

6.6. Modification of order data: in the event of incorrect and/or incomplete information regarding his personal details or the shipping address of the goods, the User shall notify the latter promptly, in any case no later than the order processing deadline, by sending an e-mail to info@makeyourgin.com. In all cases, the User is solely responsible for any indication of incorrect and/or incomplete personal details or delivery address, with the consequent possibility of loss of the sum paid if the goods are delivered to strangers.

 

7.1. All Products sold on the Site are covered by the legal guarantee of conformity (Legal Warranty). The Legal Warranty is reserved for consumers. It therefore only applies to Users who have purchased on the Site for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out. To those who have purchased on the Site and who do not have the quality of consumers, the guarantees for defects of the thing sold, the guarantee for defects of promised and essential qualities and the other guarantees provided for by the Civil Code with the relative terms, forfeitures and limitations shall be applied.

 

8.1. Delivery times: the goods are shipped within the times indicated on the Site, after receiving confirmation of payment. In the event of the omission of a specific delivery term, it will take place, in any case, within the legal terms starting from the date of conclusion of the contract. The provisions of Article 61 of the Consumer Code shall apply in the event that the purchased Product is not delivered or is delivered later than the legal delivery terms.
A precise delivery date or time is not guaranteed.
The Supplier is not responsible for delays, inefficiency or strikes attributable to couriers.
The User may be informed by email of the time of shipment and, if available, the name of the courier and the tracking code of the shipment (“Tracking”), through which it will be possible to follow its status. This information, if available, will also be visible within the user account.
In the event that for any reason, after receipt of the order, the Product ordered becomes unavailable, any payment received will be refunded, at no cost to the User.

8.2. Method of delivery and shipping: delivery is understood to be at street level, unless otherwise specified during the purchasing process.

8.3. Verification of goods by the User and obligation of immediate dispute: the Supplier uses suitable packaging to guarantee the integrity of the product. In any case, upon delivery of the goods by the courier, the User will be required to check that the packaging is intact, undamaged or altered, including the sealing materials (e.g. adhesive tape) or that there is no leakage of liquid, also checking the correspondence between the order placed and the goods delivered. Any damage to the packaging and/or the products must be immediately contested by the User, by placing a written reservation on the courier’s delivery document indicating the reason (e.g. “Packaging punctured”, “Packaging crushed”, etc.). Once this document has been signed, the User may no longer raise any objection regarding the characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 24 hours of delivery by sending an email to: info@makeyourgin.com.

8.4. Failure to collect the goods: if the User fails to collect the Products for any reason whatsoever, in the absence of any claim of damage to the packaging and/or the Products, the Products will be returned to the Supplier without any refund to the User. The User may request a second shipment of the Products within 3 (three) days of their return to the Supplier, by sending an email to: info@makeyourgin.com. In this case, the Supplier will charge the User for all costs incurred.

8.5. Non-delivery: in the event of non-delivery of the Products within the specified time, the User will be required to notify the Supplier, who will check with the courier the status of the shipment and any anomaly.

 

9.1. The Supplier shall not be liable for damage to Products and/or their defects or non-conformities that depend on acts and/or facts beyond its reasonable control, including, but not limited to, events of force majeure, events dependent on the acts of third parties, including acts or omissions of carriers or shippers.

9.2. The Supplier shall not be liable for any damage suffered by the User or third parties or caused to property belonging to the User or third parties as a result of the use, including improper use, of the Product.

9.3. The Provider is not liable for any damages resulting from inaccessibility to the Site or from the use of the Site, such as, for example, viruses, damaged files, errors, omissions, service interruptions and software malfunctions, problems related to the network, providers, or telephone and/or telematic connections, unauthorised access, data alteration, even damage to the User’s electronic equipment.

 

10.1. Accepted payment methods: payment for Products can be made by credit card, PayPal, Satispay or by bank transfer. In the event that one of these means/solutions of payment cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.

10.2. Payment by credit or debit card: confidential credit card data (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by the Supplier. The Supplier therefore never has access to and does not store the data of the credit card used by the User to pay for the Products (even in the event that the User has decided to store the credit card data on the Site), with the exception of the name of the credit card holder.
In the event of termination of the purchase contract and in any other case of reimbursement, for any reason whatsoever, the Supplier will request cancellation of the transaction. The Supplier shall not be held liable for any delays or omissions due to the failure and/or delayed cancellation of the transaction, in order to dispute these, the user must contact the payment manager directly.

10.3. Payment through PayPal, Satispay and Scalapay: payment for Products purchased on the Site can be made through the payment solutions PayPal, Satispay and Scalapay. If the User chooses these payment methods, he will be redirected to the respective sites and the payment of the Products will be made according to the procedures provided for and regulated by PayPal, Satispay and Scalapay and to the terms and conditions agreed with the User. The User’s data will be processed directly by PayPal, Satispay and Scalapay and will not be transmitted or shared with the Provider. The latter is therefore not in a position to know and does not store in any way the data of the User’s credit card and/or bank account or the data of any other payment instrument connected with this account. In the case of payment by PayPal, Satispay and Scalapay, the total amount due will be charged to the User at the same time as the contract is concluded via the Site.
In the event of termination of the purchase contract and in any other case of reimbursement, for any reason whatsoever, the amount of the reimbursement due to the User will be credited to the User’s PayPal, Satispay and Scalapay account, unless otherwise agreed between the User and the Provider. The crediting time depends exclusively on PayPal, Satispay and Scalapay and the banking system. Once the crediting order has been placed in favour of this account, the Provider cannot be held liable for any delays or omissions in crediting the User with the reimbursement amount, which the User should contact PayPal, Satispay and Scalapay directly to dispute.

10.4. Payment by bank transfer: payment by bank transfer can be requested at the time of payment. The Supplier will send an email with the bank details for the payment and will only send the order once the bank account indicated has been credited.

 

11.1. Exclusion of the right of withdrawal: each bottle of gin is clearly customised at the specific request of the User in the recipe and labelling and therefore the User is not entitled to withdraw from the purchase contract, pursuant to Article 59 co. 1 lett. c) of the Consumer Code.

11.2. Possible right of withdrawal for non-personalised products: in the unlikely event that a non-personalised Product is ordered, the User who places the order for purposes unrelated to her/his professional activity has the right to withdraw from the purchase contract for non-personalised Products concluded with the Supplier without any penalty and without having to provide any reason, within 14 working days (“Withdrawal Period”) pursuant to Article 52 co. 1 of the Consumer Code, starting from the day of receipt of the Product purchased on MakeYourGin.com:
- in the case of an order for a single Product, from the day on which the User or a third party other than the carrier and designated by the User acquires physical possession of the Product
- in the case of an order for several Products with separate deliveries, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the last Product;

11.3. Method of exercising the right of withdrawal: to exercise the right of withdrawal in the cases referred to in Article 11.2 above, the User must notify the Supplier of his decision to withdraw, before the expiry of the Withdrawal Period, by sending a registered letter with return receipt to the address of the Supplier indicated on the Site, and/or a pec to the address mosaicospirits@pec.it. with an explicit statement of his decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof concerning the exercise of the right of withdrawal before the expiry of the Withdrawal Period is on the User, it is in the User’s interest to keep a copy of the Declaration of Withdrawal sent.
Following the proper exercise of the right of withdrawal, unless the Supplier takes back the Product directly from the User, the User shall have the burden of returning the Product without undue delay and in any case within 14 days from the date on which he communicated the decision to withdraw from the contract to the Supplier, in the same condition in which it was sold.
The User must visibly affix, on the packaging, the document received from the Supplier following the aforementioned Declaration of Withdrawal, in which the shipping address and order details necessary for the identification of the return at destination are already indicated. The User may also place a copy of this document inside the packaging to avoid its loss and the impossibility of identifying the return.
The Products must be returned intact, unopened, in their original packaging, packaging included, perfectly suitable for their intended use, with no signs of wear or dirt, complete in every part and accompanied by all possible accessories and documents, with tags and labels, where present, intact and attached to the Products.
The Product, suitably protected and packaged, must be sent to the following address: Mosaico Spirits SRL Via Parini, 2/C, Zola Predosa, 40069 (BO)

11.4. Shipping costs and liability: shipping costs will be borne by the User, who is responsible for returning the Product to the Supplier.

11.5. Price refund: in the event of withdrawal, the Supplier will refund the price paid by the User for the purchase of the Product, excluding shipping costs, within 14 days from the day on which he received the Products subject to withdrawal in the same condition in which they were sold.
The refund will be made using the same means of payment used by the User for the initial transaction or the different means agreed between the parties.
If the User has used a discount code for the purchase of the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the User, and not also with regard to the value of the discount code.
Pursuant to Article 57 co. 2 of the Consumer Code, in the event of a decrease in value resulting from the handling of the Product other than what is necessary to establish its nature and characteristics, the Supplier, subject to written notice to be sent to the User within 5 (five) working days of receipt of the Product, may reduce the amount of the refund by reason of this decrease in value, providing the User, if the refund has already been paid, with the bank details for payment of the amount owed by the User due to the decrease in value of the Product.

11.6. Withdrawal refusal: in the event that withdrawal is not exercised in accordance with the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle the User to any reimbursement. The Supplier shall notify the User, rejecting the request for withdrawal. The Product, if already received by the Supplier, will remain at the disposal of the User for collection, which must be done at the expense and under the responsibility of the User. The Supplier may in any case reject the request for withdrawal for Products that have been consumed, even partially.

 

12.1. Any refunds due by the Supplier shall be made as soon as possible, and in any case no later than 14 days from the date on which the event giving rise to the refund occurred, and in the case of withdrawal, from the day on which the User became aware of its exercise.

12.2. The Provider will make the refund using the same means of payment as the User used for the initial transaction, unless expressly agreed otherwise with the User, provided that the User does not incur any costs as a result of using the different means of payment.

12.3 If the User has expressly requested a different type of delivery with additional costs than the standard delivery offered by the Provider, the Provider will not reimburse the additional costs. Unless the Provider has decided to collect the Products directly, the Provider may withhold reimbursement until the Products have been received.

 

13.1. Italian law shall apply to this contract, with the exclusion of the Vienna Convention of 11 April 1980 on contracts for the international sale of movable goods.

13.2 For any dispute concerning the application of these conditions and the interpretation, execution and termination of the contracts concluded with non-consumer Users, the Court of Bologna shall have exclusive jurisdiction, while the Court of the consumer’s place of residence shall be competent for consumer Users.

13.3. The application to consumer Users who do not have their habitual residence in Italy is subject to any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, particularly in relation to the term for exercising the right of withdrawal, the term for the return of the Products, in the event of exercising such right, the methods and formalities for the communication thereof and the legal guarantee of conformity.

 

14.1. Invoice: by placing an order on the Site, the User agrees to receive an invoice, if requested, only in electronic format. The invoice will be issued on the basis of the information provided by the User, which the latter declares and guarantees to be true, undertaking to hold the Supplier harmless and indemnified against any damage, including penalties issued by the competent authorities, in the event of its not being true.

14.2. Ownership of the Site and its contents: the Site as well as photos, texts, descriptions and everything contained in the Site are the property of Mosaico Spirits s.r.l. The full or partial reproduction of any part of the Site as well as the reproduction of texts, images or photos for any use whatsoever and in any form whatsoever without the prior written authorisation of Mosaico Spirits s.r.l. is prohibited.

14.3. Customer service and complaints: it is possible to ask for information, send communications, request assistance or forward complaints by contacting the Customer Service at the e-mail address: info@makeyourgin.com.
The Supplier shall reply promptly to complaints submitted, in any case within ten working days of their receipt.

14.4 Online Assistance: For any information, please contact info@makeyourgin.com.