Contacts
Registered office
Viale Mario Rapisardi 18/20
95123 Catania, Italy
+39 360 529549
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GENERAL CONDITIONS OF SALE LE BISTROT NAPOLEON
lebistrotnapoleon@libero.it
VAT number IT05047770879
General Conditions of Sale
Opening time
Restaurant: Monday-Saturday:
7pm - 11pm
Wine shop: Monday-Saturday
9:00 - 13:30
4.30pm - 9.00pm
The following General Conditions of Sale regulate the offer and sale of products on this website www.lebistrotnapoleon.com (Site).
The products purchased on the Site are offered and sold by LE BISTROT NAPOLEON, registered office Viale Mario Rapisardi 18-20, 95123 Catania, VAT number 05047770879, Cam.Com CT REA 340151, (hereinafter referred to as Le Bistrot Napoleon).
1. SCOPE OF APPLICATION
1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
1.2 The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. For this reason, users are invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
1.3 These General Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than Le Bistrot Napoleon who are present on the Site via links, banners or other hyperlinks. Before carrying out commercial transactions with these entities it is necessary to check their conditions of sale. Le Bistrot Napoleon is not responsible for the provision of services and/or the sale of products by such entities. Le Bistrot Napoleon does not carry out any control and/or monitoring on the websites that can be consulted via these links. Le Bistrot Napoleon is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law on their part.
2. PURCHASES ON THE SITE
2.1 With reference to Italian citizens, sales on the Site are reserved only for those who are at least 18 years old. The buyer who is not an Italian citizen can purchase Products on the Site only if he is of age according to his national law. If there is no legislation in this regard, you must be at least 21 years old.
In any case, the user who makes purchases on the Site undertakes to indemnify Le Bistrot Napoleon from any liability in the event that he has made purchases on the Site without respecting his national law regarding purchase limits for reasons of age.
2.2 Le Bistrot Napoleon reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Conditions of Sale and/or the conditions and/or terms of a purchase contract with Le Bistrot Napoleon; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) from users who have provided false, incomplete or otherwise inaccurate identification data or who have not promptly sent to Le Bistrot Napoleon the documents requested by the same on the basis of these General Conditions of Sale or who have sent invalid documents; (v) by users who do not provide sufficient guarantees of solvency. In any case, Le Bistrot Napoleon reserves the right to cancel orders relating to transactions that do not present an absolute degree of authenticity.
2.3 In relation to purchases on the Site, it may occur that: the purchase process contains one or more material errors; the Product Sheet, as defined below, contains incorrect information due to material errors (e.g. the price of the Product); due to a clerical error, a Product is indicated as available but is not available during the order preparation phase. In these cases, or in similar cases, the user can request cancellation of the order or obtain, in agreement with Le Bistrot Napoleon, a different Product, subject to any adjustment relating to the purchase cost.
3. REGISTRATION ON THE SITE
3.1 The purchase of Products on the Site is permitted only to registered users.
3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform Le Bistrot Napoleon without delay in case of suspected improper use and/or disclosure of them. The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful. The user agrees to hold Le Bistrot Napoleon harmless from any damage, compensation obligation and/or penalty arising out of and/or in any way connected to the violation by the user
observe the rules on registering on the Site or storing your registration credentials.
3.3 To delete your profile from Le Bistrot Napoleon, please contact Le Bistrot Napoleon by email lebistrotnapoleon@libero.it or telephone. +39 360 529549
4. INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT
4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Le Bistrot Napoleon informs the user that:
to conclude the purchase contract for one or more Products on the Site, the user must complete an order form in electronic format and send it to Le Bistrot Napoleon, electronically, following the instructions that appear from time to time on the Site and which will accompany the different stages of the purchase;
the contract is concluded when the order form reaches the Le Bistrot Napoleon server;
once the order form has been registered, Le Bistrot Napoleon will send the user, via e-mail to the e-mail address indicated, the order confirmation, containing information relating to the characteristics of the Product purchased, the detailed indication of the price, the means of payment used, delivery costs and any additional costs as well as the Customer Service contacts, which the user can contact to request assistance and/or lodge complaints. It is recommended to keep the email received as proof of purchase. The General Conditions of Sale, as well as the Privacy Policy of Le Bistrot Napoleon, will be available via links at the bottom of the web pages of the Site itself.
the order form will be archived in the Le Bistrot Napoleon database for the time necessary to process the order and, in any case, within the terms of the law. To access your order form, the user can consult the email received.
5. VALIDITY OF OFFERS AND PRICES
5.1 All prices of the Products are expressed in Euros (€) and are inclusive of Value Added Tax ("VAT"), unless otherwise stated. Any additional costs will be expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
5.2 The price of the Products may be modified by Le Bistrot Napoleon at any time, without notice, it being understood that the price charged to the user will be that published on the information sheet which illustrates the main characteristics of the Product (Product Sheet) at the time of dispatch of the order. Any changes (increasing or decreasing) in price subsequent to the transmission of the order will not be taken into account.
5.3 Products may be offered for sale on the Site at discounted prices. The full price indicated on the Site (Barred Price), and against which the discount that Le Bistrot Napoleon applies is calculated, corresponds to the list price published on the Site.
6. PURCHASE ORDERS - PRODUCT INFORMATION
6.1 Le Bistrot Napoleon will process the purchase order, and will therefore ship the purchased Product only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applicable , and any other additional costs, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered legally terminated pursuant to and for the purposes of the art. 1456 c.c.
6.2 The Products will remain the property of Le Bistrot Napoleon until the user has paid the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to Le Bistrot Napoleon, however, will be transferred to the user when the user, or a third party designated by the same and other than the carrier, physically comes into possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. Furthermore, the Product images present in the Product Sheet may differ in terms of vintage and/or size or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
6.4 All Products contain sulphites, as the wine production process itself implies the presence of sulphites in it. However, it is possible that other sulphites are added in the wine production process; in some cases, however, it is possible that no "added" sulfites are present in a wine.
7. AVAILABILITY OF PRODUCTS
7.1 The products offered on the Site are numerous
limited. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available following the transmission of the purchase order.
7.2 In any case of unavailability of the Product ordered, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, the user will be promptly informed by e-mail or by phone. The user will therefore be entitled to terminate the contract, pursuant to and for the purposes of the provisions of the art. 61, IV and V paragraphs of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code or in any case in which the payment of the Total Amount Due has already occurred, Le Bistrot Napoleon will reimburse this amount without undue delay and, in any case, within the maximum deadline of 15 working days from the collection date. This amount will normally be credited to the same payment method used by the user for the purchase or the different method agreed between the user and Le Bistrot Napoleon. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used.
7.3 In the case of orders concerning a plurality of Products (Multiple Order), if the unavailability concerns only some Products covered by the Multiple Order, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, and without prejudice to the application of art. 7.2, Le Bistrot Napoleon will immediately notify the user by email or telephone. The user will therefore be entitled to terminate the contract, limited to the Product(s) that have become unavailable, pursuant to and for the purposes of the provisions of the art. 61, IV and V paragraphs of the Consumer Code. In the event that the user makes use of the right of termination referred to in the art. 61, IV and V paragraphs, Consumer Code, in relation to the Product(s) that have become unavailable or in any case in which the payment of the Total Amount Due has already occurred, Le Bistrot Napoleon will refund the amount the amount due in relation to such Product(s), including delivery costs and any other additional costs due in specific relation to such Products (Partial Amount Due) without undue delay and, in any case, within the maximum deadline 15 working days from placing the order. The refund amount will be communicated to the user via email or telephone. This amount will be credited to the user by bank transfer to the bank details communicated by the user. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. The resolution of the entire Multiple Order will be possible only in the case of clear and proven accessory nature of the Products covered by the Multiple Order which have become unavailable compared to the other available Products covered by the Multiple Order.
8. DELIVERY OF THE PRODUCTS PURCHASED
8.1 The amount of delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before that the user proceeds with the transmission of the same. In the event that, due to a system error, the shipping costs are zero, the buyer will be informed by e-mail or telephone contact of the exact amount to be added to the purchase costs of the goods; as soon as Le Bistrot Napoleon receives payment for the shipment via a specific link sent to the buyer by e-mail or otherwise by bank transfer, the order will be processed. In the event of failure to indicate a specific delivery term, it will take place, in any case, within thirty days from the date of conclusion of the contract.
8.2 The delivery obligation is fulfilled by transferring material availability or in any case control of the Products to the user.
It is up to the user to check the conditions of the Product that was delivered to him/that he collected. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Le Bistrot Napoleon, is transferred to the user when the user, or a third party designated by the same and other than the carrier, physically comes into possession of the Product, it is recommended the user to verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and is invited, in his interest, to indicate on the carrier's transport document, any anomalies, accepting the package with RESERVE (e.g. damaged package,wet package, non-original Mail Boxes MBE brand tape). The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier and/or Le Bistrot Napoleon, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than three days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the user is also recommended to promptly notify Le Bistrot Napoleon Customer Service. If the order is not correctly delivered, please contact us within 10 days of the order date to allow us to carry out appropriate checks with the courier. In any case, the application of the rules regarding the right of withdrawal and legal guarantee of conformity remains unchanged.
8.3 The provisions of the art. apply. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.
8.4 Shipments of orders placed on the lebistrotnapoleon.com website will be possible throughout the world, excluding countries where the shipment of alcoholic substances is not permitted.
9. PAYMENT METHODS
9.1 Payment for the Products can be made via the Stripe payment solution or bank transfer. In the event that one of these payment means/solutions 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.
9.2 Payment by credit or debit card
9.2.1 Payment for the Products can be made by credit or debit card via Stripe on the site.
9.2.2 In order to guarantee the security of payments made on the Site and prevent any fraud, Le Bistrot Napoleon reserves the right to ask the user, via e-mail, to send, by the same means, a front/back copy of their identity card and, in the event that the holder of the order is different from the holder of the card, of the latter's identity card. The document must be valid. The deadline within which the document must reach Le Bistrot Napoleon will be specified in the request email. This deadline will not, in any case, exceed 5 working days from receipt of the request by the user. While waiting for the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
9.2.3 In the event that Le Bistrot Napoleon does not receive such documents within the deadline specified in the request email or receives expired or invalid documents, the contract will be considered automatically terminated pursuant to and for the purposes of art. 1456 c.c. and Le Bistrot Napoleon may reserve the right to cancel the order, with consequent refund of the Total Amount Due.
9.2.4 In the event of receipt by Le Bistrot Napoleon of valid documentation within the deadline indicated in the email referred to in the art. 9.3.2 above, the delivery terms will start from the date of receipt of the same.
9.2.5 The confidential data of the credit card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by Le Bistrot Napoleon. Le Bistrot Napoleon therefore never has access to and does not store the credit card data 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.
9.3 Bank transfer
9.3.1 If the user decides to pay by bank transfer, the order will be shipped as soon as Le Bistrot Napoleon has received credit for the amount relating to the order.
10. RIGHT OF WITHDRAWAL
10.1 The user who holds the status of consumer has the right to withdraw from the contract concluded with Le Bistrot Napoleon without having to incur costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Term of Withdrawal). The Withdrawal Period expires after 14 days:
in the case of an order relating to 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 a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user,entity, acquires physical possession of the last Product;
in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, 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 lot or piece.
10.2. To exercise the right of withdrawal, the user must inform Le Bistrot Napoleon of his decision to withdraw, before the expiry of the Withdrawal Period.
10.3 To exercise the right of withdrawal the user must send a request via the contact page with an explicit declaration of his decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is borne by the user, it is in the user's interest to keep a copy of the email sent to Le Bistrot Napoleon with the Declaration of Withdrawal.
10.4 To return the Product, the user can use a carrier of his/her choice with return costs borne by the user: in this case, the user, after having exercised the right of withdrawal in the manner indicated in this article , must return the Product to Le Bistrot Napoleon, using a carrier of their choice and at their own expense, without undue delay and in any case within 20 calendar days from the date on which they communicated their decision to Le Bistrot Napoleon to withdraw. The deadline is met if the user sends back the Product before the fourteen day period expires. The Product, appropriately protected and packaged, must be sent to the following address:
LE BISTROT NAPOLEON
Viale Mario Rapisardi 18/20, 95123 Catania (CT)
The direct costs of returning the Product to Le Bistrot Napoleon are borne by the user. The return of the Product to Le Bistrot Napoleon is under the responsibility of the user.
10.5 If the user withdraws from the contract, Le Bistrot Napoleon will proceed to refund the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from the day on which Le Bistrot Napoleon received the Products subject to withdrawal in the same conditions in which they were sold. The refund will be made using the same payment method used by the user for the initial transaction or a different method agreed between the parties; in any case, the user will not incur any additional costs as a consequence of such reimbursement.
10.6 In the case of partial withdrawal, the amount of delivery costs to be returned to the user following the withdrawal will be calculated in proportion to the value of the goods subject to withdrawal.
10.7 The user is solely responsible for the decrease in the value of the goods resulting from handling the Product other than that necessary to recognize the Product with certainty. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all accessories present, still attached to the Product and intact and not tampered with, as well as free of signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute independent Products) of the Product.
10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund. Le Bistrot Napoleon will notify the user, rejecting the withdrawal request. The Product, if already received by Le Bistrot Napoleon, will remain at Le Bistrot Napoleon available to the user for collection which must take place at the expense and under the responsibility of the user himself.
10.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to clearly identify the same, the refund amount will be reduced by an amount equal to that decrease in value. Le Bistrot Napoleon will notify the user of the circumstance and the resulting decreased refund amount, providing the user, in the event that the refund has already been paid, with the bank details for the payment of the amount due by the user due to the decrease. of value of the Product.
10.10 In the event that, under one of the legal hypotheses, the right of withdrawal does not apply, specific and express communication of this exclusion will be given in the Product Sheet and, in any case, during the purchase process, before the user proceed to transmit the order. In any case, the user is reminded that, pursuant to art. 59 of the Code del Consumo, the right of withdrawal is excluded, among other things, in the event that the sale has as its object:
(i) products made to measure or clearly personalized;
(ii) of sealed products that are not suitable for return for reasons of hygiene or health protection, which have been opened after delivery.
11. MISCELLANEOUS
11.1 By placing an order on the Site, the user gives consent to receive the invoice, if requested, only in electronic format. The invoice can be printed and archived as the original in accordance with Ministerial Circular 45/E, 19/10/2005. For the issuing of the invoice, the information provided for this purpose by the user will be valid, which he declares and guarantees to be truthful, undertaking to keep Le Bistrot Napoleon harmless and indemnified from any damage, including sanctions issued by the competent authorities, which may arise in the event of their failure to correspond to the truth.
11.2 Le Bistrot Napoleon is a registered trademark. Photos, texts, descriptions and everything contained on the Site are the property of LE BISTROT NAPOLEON. Full or partial reproduction of any part of the Site is prohibited; The reproduction of texts or photos for any use and in any form and in any case without prior written authorization from LE BISTROT NAPOLEON is also prohibited.
11.3 Le Bistrot Napoleon is not responsible for any damage suffered by the user or third parties or to property owned by the user or third parties due to delays in delivery or related to the use of the Product.
12. LEGAL GUARANTEE OF CONFORMITY
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by the articles. 128-135 of Legislative Decree n. 128-135 of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for consumers. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out. Those who have purchased on the Site and who do not have the status of consumers will be subject to the guarantees for defects in the goods sold, the guarantee for defects in promised and essential qualities and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.
13. APPLICABLE LAW AND JURISDICTION
13.1 These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Owner has its registered office.
The exclusive jurisdiction of the consumer is an exception, if the law provides for it.
14. PURCHASE CONDITIONS FOR ALTERATION OF THE PRODUCTS NOT ATTRIBUTABLE TO LE BISTROT NAPOLEON
14.1 In the event that the buyer finds organoleptic anomalies in the product (wines and champagne) such as cork taste or loss of effervescence in effervescent wines, the consumer customer will not be able to request any type of refund from Le Bistrot Napoleon, as the products sold are not made directly by the seller but by third-party producers.
14.2 Regarding the purchase of vintage wines (vintage wines mean wines that have aged at least 6 years), before being put on sale the Le Bistrot Napoleon team checked the external conditions of the bottle. However, we cannot guarantee that the wine will still be perfectly preserved years later. Le Bistrot Napoleon guarantees that the condition of the bottle is exactly as described and photographed on the product page. The sale of these bottles is therefore subject to the "As seen and liked" clause and if the product is altered, this is not attributable to Le Bistrot Napoleon and therefore it is not possible for the buyer to request a financial refund of the product.
15. CUSTOMER SERVICE AND COMPLAINTS
15.1 It is possible to request information, send communications, request assistance or submit complaints by contacting Customer Service in the following ways:
Telephone: +39 360 529549 (Monday to Friday: 11.30am-7.00pm)
By sending us a request from the contact page.
15.2 Le Bistrot Napoleon will respond promptly to complaints submitted, in any case within five working days of receiving them.
