Terms of service

General Terms and Conditions of Sale

Date of Publication on the Website and Effective Date: //____

1. Purpose

1.1. These general terms and conditions of sale (hereinafter, the "Terms") apply to the purchase of products branded "DIBALDO" (hereinafter, the "Products" or individually the "Product") made through the e-commerce website www.dibaldospirits.com (hereinafter, the "Website") by users qualifying as "Consumers" pursuant to the following article.

1.2. DIBALDO SRL, with registered office at Via Pasquale Tosi, 302, 47822 Santarcangelo di Romagna (RN), tax code, VAT number and registration number with the Rimini Companies Register no. 04715080406, REA RN - 435023 (hereinafter, the "Seller"), conducts the sale of the Products through the Website. Purchases of Products made via the Website shall be between the Seller and the individual who purchases one or more Products for purposes not related to their entrepreneurial, commercial, artisanal or professional activity, as the buyer (hereinafter, the "Consumer"). The Seller and the Consumer shall hereinafter be collectively referred to as the "Parties" or individually as a "Party".

1.3. Any communication from the Consumer relating to and/or connected with the purchase of the Products – including but not limited to notices, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the contact details and according to the methods indicated on the Website and to the email address info@dibaldospirits.com.

1.4. Each purchase is governed by the version of the general terms and conditions of sale published on the Website at the time the order is transmitted by the Consumer.

1.5. The Website is intended for retail sales and as such is intended for the exclusive use of Consumers. Entities that do not qualify as Consumers are invited not to place purchase orders. Should one or more sales be made to a person not qualifying as a Consumer, these Terms shall still apply but, in derogation from what is provided therein:

• the buyer shall not be entitled to the right of withdrawal under Article 10;
• the buyer shall not benefit from the warranty on the Products set forth in Article 8;
• the buyer shall not benefit from any other protections provided herein in favour of the Consumer, which reflect or conform to mandatory legal provisions;
• the sales contract concluded between the Seller and the buyer shall be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention 1980).

1.6. Upon transmission of the purchase order, the Consumer agrees that confirmation of the information relating to the order placed will be sent by email to the address provided during registration on the Website or during the purchase process.

1.7. To make purchases through the Website, the Consumer must be of legal age (18 years old) and have the legal capacity to act, which the Consumer declares to possess. By placing a purchase order, the Consumer declares and warrants that both the Consumer and, where different, the recipient of the Products, are of the legal age required by applicable law for purchasing alcoholic beverages.

1.8. Any costs for Internet connection to the Website, including telephone costs, shall be borne exclusively by the Consumer according to the rates applied by the operator selected by the Consumer.

2. Characteristics of the Products and Their Availability in Different Geographic Areas

2.1. The Products are sold with the characteristics described on the Website and in accordance with the Terms published on the Website at the time the Consumer submits the order, to the exclusion of any other terms or conditions.

2.2. The Seller reserves the right to modify these Terms at any time, at its own discretion, without prior notice to Website users. Any amendments shall be effective from the date of publication on the Website and shall apply exclusively to sales concluded from that date onward.

2.3. Prices, Products offered on the Website and/or their characteristics are subject to change without notice. Such changes apply only to orders not yet confirmed as of the date of the change. In any case, prior to submitting the order as per Article 3 below, the Consumer is invited to verify the final sale price.

2.4. The Website may be accessed from anywhere in the world. However, Products available on the Website may only be purchased by users who request delivery in one of the countries indicated on the Website.

2.5. The languages available for completing purchase orders are those indicated on the Website for each country.

3. Product Purchase Procedure – Conclusion of the Sales Contract

3.1. The presentation of Products on the Website, which is not binding for the Seller, represents a mere invitation to the Consumer to submit a contractual purchase proposal and not a public offer.

3.2. The purchase order submitted by the Consumer to the Seller via the Website constitutes a contractual offer and it is governed by these Terms, which form an integral part of the order itself and which the Consumer is required to accept in full and without reservation when placing the order. Before submitting the order, the Consumer will be asked to carefully read these Terms and the information notice on the right of withdrawal. The Consumer will also be asked to identify and correct any errors in the data entered.

3.3. Upon receipt of the order, the Seller shall send the Consumer, at the email address provided during registration or during the order process if not registered, an email acknowledging receipt of the order, containing a link to the text of these Terms, a summary of the order, including detailed pricing, shipping costs, applicable taxes, and a description of the ordered Product's features. This email serves as an automatic confirmation of receipt and does not constitute acceptance of the Consumer’s purchase order.

3.4. The Consumer's order, the Seller's order confirmation, and the Terms applicable to the contractual relationship between the Parties shall be stored electronically by the Seller in its IT systems, and the Consumer may request a copy by emailing info@dibaldospirits.com.

3.5. Each contract of sale is deemed concluded when the Consumer receives the shipping confirmation of the ordered Products from the Seller by email.

4. Product Selection and Purchase Procedure

4.1. Products displayed on the Website may be purchased by selecting the desired items and adding them to the appropriate virtual shopping cart. Once the selection is complete, to proceed with the purchase of the items in the cart, the Consumer will be invited to either (i) register on the Website by providing the required data, or (ii) log in if already registered. If the data entered for the order differs from that provided during registration, the Consumer will be asked to confirm their details (including but not limited to: first and last name), the shipping address, billing address, and optionally a phone number for any purchase-related communications. A summary of the order will be displayed for verification and possible modification. The Consumer must then explicitly approve these Terms by ticking the appropriate checkbox, and finally confirm the order by clicking the "Place Order" button, which will definitively submit the order to the Seller and produce the legal effects described in Article 3.2. The Consumer will also be asked to choose a shipping method and payment option from those available. If immediate payment is selected (credit card, PayPal, instant bank transfer), the Consumer must enter the required details via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the Consumer’s details. For credit card payments, the charge will be made at the completion of the order.

4.2. If, during the product selection process as outlined above, the Consumer notices that the price of one or more items is clearly lower than normal (net of any discounts or promotions) due to a technical error, the Consumer is kindly asked not to complete the order and to report the error to Customer Service by emailing info@dibaldospirits.com.

5. Delivery of Goods and Acceptance

5.1. The Website indicates the availability of Products and estimated delivery times; however, such information is purely indicative and not binding on the Seller.

5.2. The Seller undertakes to make every reasonable effort to meet the delivery times indicated on the Website and, in any case, to deliver within a maximum of thirty (30) days from the day following the order submission by the Consumer. Should the Seller be unable to fulfill the order due to temporary unavailability of the Product, the Seller shall promptly notify the Consumer in writing and reimburse any amounts already paid for the Product in accordance with clause 5.3 below.

5.3. Shipment of the Products ordered by the Consumer will be carried out using the delivery method selected by the Consumer from those available on the Website at the time of order placement. The Consumer agrees to promptly verify that the delivery includes all and only the ordered Products and to notify the Seller without undue delay of any defects or discrepancies, in accordance with Article 8 below, failing which the Products shall be deemed accepted. Should the packaging or wrapping appear visibly damaged upon delivery, the Consumer is advised to refuse the delivery or to accept it with reservation.

5.4. The delivery terms referred to in clause 5.2 are indicative and not guaranteed. No liability shall arise against the Seller for failure to deliver within the indicative timeframe.

5.5. The Seller shall not be held liable for delays in the delivery of Products due to force majeure or unforeseeable circumstances, including but not limited to strikes, adverse weather conditions, holidays, inventory operations, relocation, updates to IT systems, or other extraordinary events which may delay the processing and delivery of orders.

6. Prices, Shipping Costs, Taxes and Duties

6.1. Product prices are as displayed on the Website at the time the order is placed by the Consumer. Prices include standard packaging costs, VAT (where applicable), and any applicable indirect taxes, but exclude shipping costs. These will be calculated prior to the order confirmation and must be paid in addition to the displayed price.

6.2. The Consumer shall pay the total amount as set out in the order and in the confirmation email sent by the Seller.

6.3. If Products are to be delivered to a country outside the European Union, the total price stated in the order and in the confirmation email includes applicable indirect taxes (if any), but excludes customs duties and any other sales taxes, which the Consumer agrees to pay in addition, as required under the legal provisions of the country where the Products are delivered. Consumers are encouraged to consult the appropriate authorities in their country of residence or destination to obtain information on any applicable duties or taxes.

6.4. Any additional costs, charges, taxes and/or duties imposed by a country on the ordered Products shall be borne exclusively by the Consumer.

6.5. Shipping costs amount to €9.00 for deliveries within Italy.

6.6. The Consumer declares that lack of knowledge of the costs, charges, duties, taxes and/or levies under clauses 6.3 and 6.4 at the time of submitting an order shall not constitute grounds for termination of the contract, nor shall such amounts be charged to the Seller.

6.7. The Seller shall fulfill the order by entrusting the Products to a trusted courier or carrier (hereinafter, the "Carrier") for delivery to the address indicated by the Consumer and summarized in the order confirmation.

7. Payments

7.1. The Consumer expressly agrees that the Seller will commence performance of the contract upon receipt of payment for the ordered Product(s).

7.2. Payment may be made by credit card or via PayPal under the terms described below. The Seller may offer additional payment methods listed in the payment section of the Website.

7.3. For credit card payments, the Consumer will be redirected to the "Shop Pay" payment system, which processes payments on behalf of the Seller. Data is transmitted securely using 128-bit SSL (Secure Socket Layer) encryption. These data are not accessible even to the Seller.

7.4. The Seller will promptly send the Consumer, where required by applicable law, an electronic receipt via email to the address provided by the Consumer or a paper receipt enclosed with the delivery if the Products are shipped outside Italy.

8. Legal Warranty of Conformity, Notification of Defects, and Warranty Claims

8.1. Pursuant to European Directive 771/2019/EC and Italian Legislative Decree no. 206/2005 ("Consumer Code"), the Seller warrants to the Consumer that the Products are free from design and material defects and conform to the descriptions published on the Website for a period of two (2) years from the date of delivery. The warranty excludes any improper use of the Product or failure to follow the usage instructions provided by the Seller and/or rights holder or indicated in the reference documentation, labels, or tags. The Seller further warrants that the Products possess the quantity, quality, durability, functionality, compatibility, and safety normally expected of goods of the same type.

8.2. To maintain warranty coverage, the Consumer must report any defects or non-conformities to the Seller's Customer Service by email to info@dibaldospirits.com, submitting the properly completed return form [click here to download the return form for defective products], describing the defect/non-conformity, along with the required supporting documentation (e.g., at least one photo of the Product, order confirmation, and/or the receipt). Claims for hidden defects must be made within twenty-six (26) months of delivery.

8.3. Upon receipt of the form and related documentation, the Seller will assess the defect via its quality control team and determine whether to authorize the return, notifying the Consumer by email with a "Return Code." Authorization to return Products does not constitute acknowledgment of defects. Returned Products must be sent, along with the return authorization containing the "Return Code," within thirty (30) days of defect notification to: Di Baldo Srl, Via P. Tosi 302, 47822 Santarcangelo di Romagna (RN), Italy.

8.4. In the event of confirmed defects or non-conformities, the Consumer is entitled to have the Product repaired or replaced, or to alternative remedies as provided by the Consumer Code. If a refund is due, it will be issued via the original payment method or by bank transfer. The Consumer must provide bank details to info@dibaldospirits.com to facilitate reimbursement.

9. Exclusions and Limitations of Warranty

9.1. The warranty in Article 8 does not apply if the Consumer has damaged the Products through willful misconduct or negligence, or otherwise used them improperly, failed to follow technical instructions, or exposed them to abnormal conditions.

10. Liability for Defective Products

10.1. Liability for damages caused by defective Products shall be governed by the applicable provisions of the Consumer Code.

11. Right of Withdrawal

11.1. Without prejudice to the exceptions under Article 59 of the Consumer Code, the Consumer has the right to withdraw from any contract concluded under these Terms, without the need to provide any reason and without incurring any penalties, within fourteen (14) days from the day on which (i) the Product is delivered, or (ii) in the case of multiple Products ordered together but delivered separately, the last Product is delivered.

11.2. To exercise the right of withdrawal, the Consumer must notify the Seller of their decision by submitting an explicit declaration via the contact form or by email to info@dibaldospirits.com, using the model withdrawal form [link to the withdrawal form].

11.3. Upon receiving the notice of withdrawal under clause 11.2, the Consumer will receive a confirmation email, which, if the Product has already been delivered, will include the return form to place in the package and instructions for returning the Product. The Product must be returned within fourteen (14) days to: Di Baldo Srl, Via P. Tosi 302, 47822 Santarcangelo di Romagna (RN), Italy.

11.4. If the Product was received, the Consumer must return it without undue delay and, in any event, within fourteen (14) days of communicating the withdrawal. The return deadline is met if the goods are sent back before the period expires. The risks and direct costs of return, as well as the proof of return, shall be borne by the Consumer. If using the Website's return service, the cost will be disclosed before confirmation.

11.5. In case of withdrawal, all payments made by the Consumer, including delivery costs (except any additional costs for choosing a non-standard delivery method), will be reimbursed without undue delay and in any event within fourteen (14) days from the withdrawal notification. Reimbursement will be made using the same payment method used by the Consumer, unless another is requested (in which case additional charges may apply). The refund may be withheld until the goods are received or the Consumer provides proof of return.

11.6. The Consumer is liable for any diminished value resulting from handling the Product beyond what is necessary to establish its nature, characteristics, and functioning. Returned goods showing wear, damage, missing components (including tags, labels, packaging, and manuals), or altered condition may result in partial reimbursement based on the Product's residual value. Consumers are advised not to handle Products beyond what is necessary and to repackage them securely before returning.

11.7. The right of withdrawal under this Article is excluded for:

• customized or made-to-order goods;
• goods liable to deteriorate or expire rapidly;
• sealed goods not suitable for return due to hygiene or health protection reasons, if opened after delivery;
• goods inseparably mixed with other items after delivery;
• alcoholic beverages with a fluctuating market value, agreed upon at sale, deliverable only after thirty days.

12. Intellectual Property Rights

12.1. The Consumer acknowledges that all trademarks, names, and any distinctive signs, trade names, images, photographs, written or graphical texts used on the Website or related to the Products remain the exclusive property of the Seller and/or its licensees. Access to the Website and/or the purchase of Products shall not confer any rights upon the Consumer in respect thereof.

12.2. The content of the Website may not be reproduced, in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Seller.

13. Consumer Data and Privacy Protection

13.1. To proceed with registration, order placement, and contract conclusion under these Terms, certain personal data will be requested from the Consumer via the Website. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller, in accordance with and subject to applicable legislation, to fulfill each purchase and, with prior consent, for any additional activities as set forth in the privacy information notice provided at the time of registration.

13.2. The Consumer declares and warrants that the personal data provided during the registration and purchase processes are true and correct.

13.3. The Consumer may update and/or amend the personal data provided to the Seller at any time via the “My Account” section of the Website, accessible after login.

13.4. The use of certain Website services may involve the submission of personal data of third parties to the Seller. In such cases, the Consumer acts as an independent data controller, assuming all related legal obligations and responsibilities. The Consumer shall indemnify and hold the Seller harmless from any claims, demands, or damages related to the unlawful processing of such third-party data. The Consumer represents and warrants that such processing is based on a valid legal basis pursuant to Article 6 of the GDPR.

13.5. For further information on the processing of personal data, please consult the Privacy Policy.

14. Security

14.1. Although the Seller implements measures to safeguard personal data from loss, falsification, manipulation, and misuse by third parties, the technical limitations of electronic communications over the Internet mean the Seller cannot guarantee that information viewed by the Consumer on the Website, even after login, is not accessible or viewable by unauthorized third parties.

14.2. For credit card payments, the Seller relies on the services of Shop Pay, which employs advanced technologies to ensure maximum levels of reliability, security, protection, and confidentiality in the transmission of information via the web.

15. Governing Law, Attempt at Amicable Settlement, and Jurisdiction

15.1. Any sales contract concluded between the Seller and the Consumer under these Terms shall be governed by and interpreted in accordance with Italian law, in particular the Consumer Code and Legislative Decree No. 70 of 9 April 2003 on electronic commerce. Mandatory consumer protections under the law of the Consumer’s country of residence remain unaffected.

15.2. In the event of disputes between the Seller and a Consumer, we hereby guarantee participation in an amicable settlement attempt that the Consumer may initiate through RisolviOnline, an independent and institutional online dispute resolution service provided by the Arbitration Chamber of the Milan Chamber of Commerce. For more information or to submit a request, please visit www.risolvionline.com.

15.3. If the amicable settlement attempt described in clause 15.2 is not accepted or is unsuccessful, the dispute shall be submitted to the court of the Consumer’s place of residence or domicile.

16. Contacts

For assistance with the Products, further information, suggestions, complaints, or other inquiries, the Consumer may contact the Seller’s customer service at any time through the contact form or via:

• Email: info@dibaldospirits.com
• Mail: DIBALDO SRL, Via Pasquale Tosi, 302, 47822 Santarcangelo di Romagna (RN), Italy
• Telephone: +39 0541 1480055