Terms & Conditions
TERMS AND CONDITIONS OF THE BEVO.IT WEBSITE
LEGAL INFORMATION
These terms and conditions (the "Site Conditions") identify the rules on the basis of which the company GAGSRL, exclusive owner of the registered trademark BEVO.IT (hereinafter "we" or "BEVO.IT") provides access to the website https://www.bevo.it and any BEVO.IT mobile application that allows users to order products (collectively "Site"). Please read these Site Conditions carefully before ordering any products from the Site. By placing orders through the Site (now or in the future) users accept these Site Conditions which govern the use of the Site itself.
BEVO.IT reserves the right to modify these Site Conditions over time by modifying the provisions on this page. If the user does not accept the new Site Conditions, he/she is required not to use the services offered by the Site and not to order products through the Site. It is recommended that you print a copy of these Site Conditions for future reference.
The use of personal data transmitted through the Site is governed by the BEVO.IT information notice available at the link https://bevo.it/privacy-policy
For the avoidance of doubt, any reference in these Site Terms to the "Site" includes any current or future version of the https://www.bevo.it website as well as any BEVO.IT mobile application through which you access and use the BEVO.IT Site, whether in either case you access it through a platform or device now in existence or through a future platform or device (including, without limitation, any mobile site, mobile application, affiliate or related site for access to and use of the BEVO.IT Site that may be developed from time to time).
Visiting the Site, even if only some of its parts, constitutes acceptance by users of these Site Conditions. Users of the Site who do not accept these Site Conditions are required not to use the services offered by the Site and not to order products through the Site itself.
1. GENERAL CONDITIONS OF USE AND SALE2. INTRODUCTORY RULES AND ROLE OF BEVO.IT
1.1. GAGSRL is a company under Italian law, with registered office in Bergamo, in Viale Papa Giovanni XXIII 94/D 24121, VAT number 04520340169, REA number: BG – 469167.
1.2. The VAT number of GAGSRL is the following: 04520340169.
1.3. Product Orders: BEVO.IT provides users with a system for communicating their orders to distributors appearing on the Site. The contract for the supply and purchase of Products is concluded between the user and the Distributor to whom the user forwards the Order and BEVO.IT will conclude the sale of the Products on behalf of the Distributors in all cases. In any case, BEVO.IT has no obligation to promote the conclusion of contracts between the Distributors and the user.
2. ACCESS TO THE SITE AND SITE CONDITIONS2.1. Access to the Site: It is possible to access some areas of the Site even without placing an Order or without registering your data. Most areas of the Site are accessible to anyone.
2.2. Acceptance of the Site Conditions: Browsing any area of the Site implies acceptance of the Site Conditions. Users of the Site who do not accept the Site Conditions are required not to use the services offered by the Site and not to order products through the Site itself.
2.3. Modifications to the Site Conditions: BEVO.IT may modify these Site Conditions at any time. The user is therefore required to periodically check the Site Conditions in force at the time of placing the Order for the products since the version published on the Site on that date will apply to the users of the Site. Users of the Site are required to comply with the rules in force at the time they place an Order through BEVO.IT.
2.4. Responsibility: Visitors and users of the Site are responsible for making all arrangements necessary to access the Site. Furthermore, visitors and users of the Site are responsible for ensuring that all persons who access the Site through their account and their Internet connection are aware of these Site Conditions and comply with them.
3. SITE USER STATUS3.1. Legal capacity and age: By placing an Order through the Site, you warrant that:
3.1.1. to have the capacity to act and enter into legally binding contracts with Distributors; and
3.1.2. to be 18 years of age or older.
3.2. You confirm and undertake, if you have a specific food allergy or intolerance, to contact the Distributor directly to verify that the food is suitable for your needs, before placing the order directly with the Distributor.
3.3 Alcoholic beverages, cigarettes and other smoking-related products:
3.3.1 You agree and acknowledge that it is a criminal offence for any person under the age of 18 years to purchase, or attempt to purchase, alcoholic beverages or for any person to purchase, or attempt to purchase, alcoholic beverages, tobacco or other smoking products on behalf of a person under the age of 18 years.
3.3.2 Where your Order includes any alcoholic beverages, cigarettes or other smoking products, you will be required to provide proof of your age upon receipt or delivery of your Order. If you are unable to provide proof that you are 18 years of age or over at the discretion of the chosen Distributor, or where the Distributor reasonably believes that the alcoholic beverages, cigarettes or other smoking products ordered by you have been purchased by you on behalf of a person under 18, the Distributor reserves the right not to complete delivery of the alcoholic beverages, cigarettes or other smoking products to you.
4. ORDER SENDING AND PROCESSING METHODS4.1. Completing the Order: After selecting the products you wish to order from the catalogue of the chosen Distributor and providing the requested information, you may place the Order by clicking on or selecting the "pay now" or "proceed to payment" button or other similar button. Please remember that it is important to check all the information entered and correct any errors before clicking or selecting the button, as once you have done so, you will be entering into a sales contract with the Distributor and it will no longer be possible to correct any errors or withdraw from the Order (except as provided in paragraph 4.2 below).
4.2. Modification or withdrawal from the Order: Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded as these are products made to order and subject to rapid deterioration. Once the Order has been submitted, the user concludes a contract of sale of products with the Distributor and, therefore, cannot modify or withdraw from the Order and is not entitled to any refund (please see articles 4.4 and 5.8 for further information regarding the procedure applicable to the refusal to execute Orders and to the refund of the payment). However, if you still wish to attempt to modify or withdraw from the Order, you can contact Customer Service, using the methods described in article 6.3, which may attempt to contact the Distributor in order to communicate the user's request. The user expressly acknowledges that there is no obligation or assurance, however, that Customer Service will be able to contact the Distributor or that the Distributor will accept the user's requests for modification or withdrawal.
4.3. Payment Authorization: In the event of failure to authorize any payment, the Order will not be processed or sent to the Distributor concerned.
4.4. Order Processing and Distributor's Refusal to Execute Orders: Upon receipt of an Order, BEVO.IT will forward it to the Distributor concerned and notify the user, by email, that the Order has been received and is being processed. It is specified that any confirmation page that the user may view on the Site and any Order confirmation that the user receives by email further confirm that the contract for the sale of products has been concluded with a Distributor, but this does not necessarily imply that the products ordered will be delivered by the Distributor. BEVO.IT strongly encourages all Distributors, on whose behalf it acts as an agent, to execute all Orders and to promptly communicate any refusal to execute Orders and will communicate to the user (generally by email), as soon as reasonably possible, any refusal to execute the Order by the Distributor. In any case, BEVO.IT cannot exclude that Distributors refuse to execute Orders at any time due to being excessively busy, due to weather conditions or for any other reason. In such cases, any payment already made in relation to the Order will be returned to the user pursuant to the following article 5.7.
4.5. Order Delivery: Estimated times for deliveries and collections are provided by the Distributors and are indicative only. BEVO.IT and the Distributors do not guarantee that Orders will be delivered or available for collection within the estimated times.
5. PRICE AND PAYMENT5.1. VAT and delivery costs: The prices of the products are those indicated on the Site. Prices include VAT but may not include delivery costs (if you choose "delivery" instead of "collection"). Such costs are added to the total amount due, if applicable.
5.2. Incorrect price indication: This Site contains a large number of catalogues and it is always possible that some of them may contain an incorrect price indication. If the exact price of an Order is higher than the price indicated on the Site, BEVO.IT will normally contact the user before shipping the Order. In such case, neither BEVO.IT nor the Distributor concerned have any obligation to ensure that the Order is supplied to the user at the lower price incorrectly indicated or to reimburse the user for the difference with respect to the incorrect price. In the event that the price is excessively high with respect to the originally agreed price and the user is a consumer, pursuant to the Consumer Code the user will have the right to withdraw from the Order.
5.3. Payment Methods: Payment for Orders may be made by credit/debit card or other electronic payment instrument via the Site or in cash to the Distributor at the time of delivery to the user or collection by the user.
5.4. Credit Card Payments: If you pay by credit or debit card, you may be asked to show the card to the Distributor at the time of delivery or collection as proof of identity while allowing the Distributor to check that the card matches the receipt details for the Order. From time to time there may be delays in processing card payments and transactions; this may result in some payments taking up to sixty (60) days to be debited from your bank account or credit or debit card.
5.5 In the case of payment by credit or debit card or other electronic payment instrument, BEVO.IT is authorized by the Distributor to receive the relative payment from the user on behalf of the Distributor itself. Payment in favor of BEVO.IT has a releasing effect for the user.
5.6. Credit and discount vouchers: A credit or discount may be applied to the Order if the user uses a voucher or promotional code recognized by the Site and validated by BEVO.IT on behalf of the Distributors, and the user proceeds to pay the balance by credit card, debit card or other electronic payment instrument. In accordance with ordinary banking procedures, the bank or company that issued the credit card initially reserves (so-called "ring fence") the entire amount relating to the Order (before the credit or discount) in the user's current account for a period of between 3 and 5 working days (or more, depending on the bank or company that issued the credit card), an amount that therefore becomes unavailable in the account for the duration of the aforementioned period. The credit or discount is applied when the bank or card issuer transfers the funds relating to the Order to BEVO.IT: at that time, the amount of the credit or discount is not transferred to BEVO.IT and is instead made available to the user again by the bank or card issuer. The user acknowledges and accepts that neither BEVO.IT nor the Distributor concerned are liable to the user for the delay due to the period indicated above in which the bank or card issuer provides for the release of the funds in the user's current account.
5.7. Failure to execute or cancel Orders: Under standard banking procedures, once an Order for which you pay by credit card has been submitted and the payment has been authorized, the bank or card issuer will reserve (so-called "ring fence") the entire amount relating to the Order. If the execution of the Order is subsequently refused by the Distributor (as described in the previous article 4.4) or if the Order is canceled for any other reason, the bank or card issuer will not transfer the funds relating to the Order to BEVO.IT and will instead make the relevant amount available again in your account. However, this process may take 10 business days (or more, depending on the bank or card issuer). The user acknowledges and accepts that neither BEVO.IT nor the Distributor concerned are liable to the user for any delay due to the period indicated above in which the bank or card issuing company provides for the release of funds into the user's current account.
6. CUSTOMER SERVICE6.1. General Provisions: BEVO.IT considers Customer Service extremely important. In compliance with article 6.5 and article 11, Customer Service therefore tries to provide assistance to the user, on behalf of the Distributor, when possible, in the event of problems with the Order. The user can contact Customer Service by clicking on, or selecting, the button "Need help?", "Help" or other similar button or by calling the number indicated on the Site.
6.2. Questions about your Order: If your Order takes longer than expected or you have any other problems with your Order, you may contact Customer Service as described above and one of the BEVO.IT Customer Service Consultants will attempt to contact the Distributor to process your request.
6.3. Modification or withdrawal from the Order: As indicated in the previous article 4.2, if the user wishes to modify or withdraw from his Order after sending it, the user has the right to contact the BEVO.IT Customer Service, with the methods described above, which may attempt to contact the Distributor in order to communicate the user's requests. The user expressly recognizes that there is no obligation or assurance, however, regarding the fact that the BEVO.IT Customer Service will be able to contact the Distributor or that the Distributor will accept the user's requests for modification or withdrawal.
6.4. Complaints and Feedback from Users: In the event that the user is not satisfied with the quality of any Product or the service provided by a Distributor, BEVO.IT invites the user to make his/her opinion known through the Site, in the form of ratings, comments and reviews (collectively referred to as the "Reviews") that reflect his/her experience. Reviews are an important part of the BEVO.IT quality control process.
6.5. Compensation: In the event that you are dissatisfied with the quality of any Product or the service provided by a Distributor and wish to claim a refund, a proportionate price reduction or any other form of compensation, you must contact the Distributor directly to lodge your complaint and, where applicable, follow the Distributor's complaints procedures. If you are unable to contact the Distributor, or if the Distributor refuses to deal with your complaint, you may contact BEVO.IT Customer Service as described above within 48 hours of placing your Order and one of BEVO.IT's Customer Service Consultants, acting as the Distributor's agent, will attempt to contact the Distributor to claim compensation on your behalf. Please note, however, that the contract for the supply and purchase of Products is between you and the Distributor to whom you place your Order. BEVO.IT has no control over the Distributors or the quality of the Products or the service provided by the Distributors themselves and is not able to provide, nor does it assume any responsibility or obligation to provide, any compensation or reimbursement in favor of the user on behalf of any Distributor.
7. LICENSE TO USE7.1. Permitted Use: You are permitted to use the Site and to print and download extracts from the Site for your own personal, non-commercial use under the following conditions:
7.1.1. the user must not use the Site in an improper manner, including through hacking or data scraping techniques.
7.1.2. Unless otherwise provided, the copyright and other intellectual property rights in the Site and in the material published on it (including, but not limited to, photographs and graphic images) are owned by BEVO.IT or by the parties from whom BEVO.IT has obtained the relevant license. The aforementioned works are protected worldwide by copyright laws and treaties and all rights are reserved. For the purposes of this Site, any use of extracts from this Site in ways other than those provided for in this article 7.1 is prohibited.
7.1.3. You may not modify the digital or paper copies of any materials you have printed off in accordance with Section 7.1 nor use any drawings, photographs or other graphics, video or audio sequences separately from any accompanying text.
7.1.4. It is necessary to ensure that BEVO.IT is always recognized as the author of the material on the Site.
7.1.5. You may not use any material on the Site or the Site itself for commercial purposes without obtaining a license to do so from BEVO.IT.
7.1.6. Restrictions on use: Except as provided in Article 7.1, this Site may not be used and no part of it may be reproduced or stored in any other website nor may it be inserted into any system or service, public or private, for the electronic retrieval of information without the prior written authorization of BEVO.IT.
7.1.7. Reservation of Rights: Any rights not expressly granted on this Site are reserved.
8. ACCESS TO THE SITE8.1. Availability of the Site: Although BEVO.IT makes every effort to ensure that access to the Site can normally occur twenty-four hours a day (24h/24), BEVO.IT does not assume any obligation in this regard and is not liable to the user in the event that the Site, at any time or for any period of time, is unavailable.
8.2. Suspension of access and withdrawal: Access to this Site may be temporarily suspended at any time, even without notice, in the event of maintenance of the Site and/or for reasons beyond the control of BEVO.IT. BEVO.IT and the user may withdraw from these Site Conditions with two weeks' notice (to be communicated via email). In the event of withdrawal, BEVO.IT will cancel the user's account, without prejudice to legal obligations.
8.3. Information Security: Unfortunately, the transmission of information via the Internet is not completely secure. Although BEVO.IT adopts the measures prescribed by law to protect the information entered, it is not able to guarantee the security of the data transmitted to the Site; the transmission is therefore carried out at the user's risk.
9. USER MATERIAL AND REVIEWS9.1. General Provisions:
9.1.1. Any material other than personally identifiable information, which is governed by the BEVO.IT Privacy Policy, that you transmit, post or upload to this Site (including, without limitation, Reviews) is considered non-confidential (hereinafter the "User Material"). By posting, uploading or transmitting User Material, you represent and warrant that you own or otherwise control all of the rights to such User Material and that you are solely responsible for such content. You agree and accept that BEVO.IT has no obligation (including, but not limited to, checking or reviewing before or after publication by you) in relation to the User Material and grants BEVO.IT, or any person it may designate, a free and perpetual license to freely copy, communicate, distribute, incorporate or otherwise use the User Material as well as any data, images, sounds, text and anything else incorporated therein for any purpose whatsoever, whether commercial or non-commercial.
9.1.2. You represent and warrant that any User Material that you post, upload or otherwise transmit to the Site does not violate, and will not violate, any of the limitations set forth in Sections 9.2 and 9.3 below.
9.2. User Material Policy: You may not post, upload or transmit to or from the Site any User Material (including Reviews) that:
9.2.1. is in violation of any applicable local, national or international laws;
9.2.2. is unlawful or misleading;
9.2.3. amounts to unauthorized advertising; or
9.2.4. contains viruses or any other harmful programs.
9.3. Policy relating to User Reviews: In particular, by way of example and not limited to, it is prohibited to enter Reviews on the Site that:
9.3.1. contain defamatory, obscene or offensive material;
9.3.2. promote violence or discrimination;
9.3.3. violate any third party's intellectual property rights;
9.3.4. are in breach of any legal obligation owed to third parties (such as, for example, a duty of confidence);
9.3.5. promote illegal activities or violate the privacy rights of third parties;
9.3.6. give the impression of coming from BEVO.IT; and/or
9.3.7. are used to impersonate others or misrepresent the reality regarding a close family relationship (maternity/paternity) with another person.
9.4. Removal of Reviews: The list of prohibited acts in the preceding articles 9.2 and 9.3 is purely illustrative and is not exhaustive. BEVO.IT reserves the right (but does not assume any obligation in this regard, except to the extent required by law) to proceed on an absolutely discretionary basis to remove or correct at any time any Review or other User Material published (post), uploaded (upload) or transmitted to the Site that BEVO.IT deems to violate a prohibition in the preceding articles 9.2 or 9.3, that is otherwise objectionable or may expose BEVO.IT or any other third party to harm or liability of any type or for any other reason.
9.5. Use of Reviews: The Reviews and User Material contained on the Site are for informational purposes only and do not constitute advice from BEVO.IT. The Reviews and User Material reflect the opinions of customers who have ordered through the Site or other third parties and any statements, advice or opinions provided by such parties are theirs alone. Accordingly, to the maximum extent permitted by law, BEVO.IT assumes no responsibility or liability to any person in relation to any Reviews or other User Material, including, without limitation, in relation to any errors, defamation, obscenity, omissions or falsehoods that may be found in such content.
9.6. Your Liability: You agree to indemnify BEVO.IT for any loss, damage or claim (and all related costs) incurred by BEVO.IT or asserted against it by a Distributor or other third party arising out of or in connection with any Review or other User Material provided by you in breach of the representations, warranties, undertakings or restrictions set forth in this Section 9.
9.7. Communications to administrative or judicial authorities: BEVO.IT provides full cooperation to any competent authority that requests or imposes to reveal the identity or location of anyone who publishes or transmits Reviews or User Material in violation of articles 9.2 and 9.3.
10. LINKS TO AND FROM OTHER SITES10.1. Third Party Sites: Any links to third party sites on the Site are provided solely for the convenience of visitors and users. The use of such links will result in the abandonment of the Site. BEVO.IT has not examined the aforementioned third party sites and has no control over them or their content or accessibility (and is not responsible for them). BEVO.IT does not endorse or provide any guarantee in relation to the aforementioned sites, the material contained therein or the results deriving from the use of the same. Anyone who decides to access a third party site to which there is a link on the Site does so exclusively at his or her own risk.
10.2. Authorization to insert links: It is possible to insert a link to the homepage of this Site ( https://www.bevo.it ) provided that:
10.2.1. this is done in a correct and legitimate manner that does not damage the reputation of BEVO.IT or take advantage of it;
10.2.2. links should not be inserted that refer to sites of which you are not the owner, nor should they be done in a way that suggests a form of association with, or approval by, BEVO.IT that in reality does not exist;
10.2.3. the website from which any link comes must comply with the content standards set out in these Site Conditions (in particular Article 9, "User Material and Reviews");
10.2.4. BEVO.IT has the right to revoke permission to place links at any time.
11. DISCLAIMER11.1. Information provided on the Site: Although BEVO.IT endeavors to ensure that the information provided on the Site is correct, it does not promise that such information is accurate or complete. BEVO.IT may make any changes to the material on the Site or to the operation of the same and to the prices described therein, at any time and without notice, communicating such changes to users in the same manner in which the services and prices were communicated to BEVO.IT. The material on the Site may not be up to date and BEVO.IT does not undertake any obligation to update it.
11.2. Allergy information, dietary information and other information on the catalogue:
When a Distributor registers with us, they must provide us with up-to-date catalog information. We then include this information on their dedicated page on the Website. If this information includes allergy information and dietary information, we will use reasonable efforts to republish this information on the Website or App exactly as it appears in the Distributor's catalog.
11.3. Actions and omissions of the Distributor: The contract for the supply and purchase of Products is between the user and the Distributor to whom the user forwards the Order. BEVO.IT has no control over the actions or omissions of any of the Distributors. Without this constituting a limit to the general validity of the above, and except in the case of willful misconduct and gross negligence of BEVO.IT, by using the Site the user accepts the following:
11.3.1. BEVO.IT does not undertake any obligation to guarantee that the quality of the Products ordered from one of the Distributors is satisfactory or that the Products are suitable for the user's purposes and expressly excludes any guarantee of this type.
11.3.2. Estimated delivery and collection times are provided by the Distributors and are indicative only. There is no guarantee, neither by BEVO.IT nor by the Distributors, that the Orders will be delivered or made available for collection within the estimated times.
11.3.3. BEVO.IT strongly encourages all Distributors, on whose behalf it acts as agent, to execute all Orders and to communicate any refusal promptly, and will notify you (generally by email) as soon as reasonably practicable, if the Distributor has refused to execute an Order. In any case, BEVO.IT does not guarantee that Distributors will execute all Orders and cannot exclude that Distributors will refuse Orders at any time because they are too busy, if you do not provide proof of age for the purchase of alcoholic beverages, cigarettes or other smoking-related products when requested, due to weather conditions or for any other reason.
11.3.4. The preceding disclaimer clauses do not affect the rights of users provided by law and/or by the sales contract with the Distributors as well as the provisions of the Consumer Code for the protection of consumers.
11.4. Exclusion of other provisions: BEVO.IT provides you with access to and use of the Site on the basis that, to the maximum extent permitted by law, all warranties, representations, conditions, undertakings and other terms in relation to the Site and your use of the Site are excluded (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Site or your use of the Site, or which are implied or incorporated into these Site Terms by applicable law or otherwise).
12. RESPONSIBILITY12.1. General Provisions: Nothing in this Site excludes or limits BEVO.IT's liability for death or personal injury resulting from BEVO.IT's fault, nor BEVO.IT's liability for fraud or gross negligence, nor any other liability that cannot be excluded or limited under applicable law. Nothing in these Site Conditions affects the mandatory rights that the law grants to users of the Site, such as, by way of example and not limited to, the rights guaranteed to consumers under the Consumer Code.
12.2. Exclusion of liability: Except as provided in the previous article 12.1, BEVO.IT shall not be liable to users under any circumstances, whether in contract or in tort (including negligence), or for breach of obligations imposed by law or for any other reason, even if it is a foreseeable circumstance, arising from, or in connection with the Site (including the use, the inability to use or the effects of the use of the Site) in relation to:
12.2.1. any loss of profits, sales, business or income;
12.2.2. loss or destruction of data, information or software;
12.2.3. loss of business opportunities;
12.2.4. loss of expected savings;
12.2.5. loss of goodwill; or
12.2.6. any indirect or consequential loss.
12.3. Limitation of liability: Without prejudice to the provisions of Article 11, Article 12.1 and Article 12.2 and without prejudice to the applicable consumer protection legislation, the total liability of BEVO.IT towards users in relation to any other loss arising from, or in connection with, the Site or the use thereof by the user, whether in contract, tort, for violation of obligations provided by law or for any other reason, may not exceed the lower of double the value of the Order and an amount equal to Euro 300.
12.4. Additional Costs: You are solely and fully responsible for any additional or related costs that you may incur in connection with or as a result of your use of the Site, including, without limitation, costs relating to the servicing, repair or adaptation of any equipment, software or data owned, leased, licensed or otherwise used by you.
13. RESOLUTION13.1. Causes for termination: pursuant to art. 1456 of the Civil Code, BEVO.IT has the right to terminate the contractual relationship with the user and suspend the user's right to use the Site, immediately, by written communication (including communication via e-mail), in the event that BEVO.IT believes, in its sole discretion:
13.1.1. that the user has used the Site in violation of Article 7.1 (License to Use);
13.1.2. that you have posted Reviews or other User Material on the Site that violates the provisions of Articles 9.2 or 9.3 (Visitor Material and Reviews);
13.1.3. that the user has violated Article 10.2 (Links to and from Other Sites); or
13.1.4. that the user has failed to make payment for an Order whose products have been delivered by the Distributor or has violated any other essential provision of these Site Conditions.
13.2. User obligations upon termination: Upon termination or suspension, you must immediately destroy any downloaded or printed extracts from the Site.
14. WRITTEN COMMUNICATIONS14.1. Applicable law may require that some information and notices, among those that BEVO.IT provides to the user, must be communicated in writing. By using the Site or placing an Order for Products through the Site, the user accepts that communication with BEVO.IT will occur primarily by electronic means. In particular, the user accepts that he may be contacted by e-mail or that information may be provided to him by publishing notice posts on the Site. For contractual purposes, the user accepts such electronic methods of communication. This clause does not affect the rights that the law provides in favor of users of the Site.
15. EVENTS OUTSIDE THE CONTROL OF BEVO.IT15.1. BEVO.IT is not responsible for, and is not required to compensate, any failure to perform or late performance of its contractual obligations under these Site Terms that is caused by events beyond the reasonable control of BEVO.IT ("Force Majeure Events").
15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond the reasonable control of BEVO.IT and includes in particular (by way of example and not limited to) the following:
15.2.1. strikes, lockouts or other actions in the context of relations between employees and companies;
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (even if no such declaration has been made) or threat of war or preparations for war;
15.2.3. fires, explosions, storms, floods, earthquakes, land subsidence (including subsidence), epidemics or other natural disasters;
15.2.4. impossibility of using the railway, naval, air, road transport or other means of public or private transport;
15.2.5. inability to use public or private communications networks; and
15.2.6. laws, decrees, rules, regulations or restrictive discipline of any government.
15.3. The performance of BEVO.IT under these Site Terms is deemed to be suspended for the duration of the Force Majeure Event and BEVO.IT will have an extension of time for performance equal to the duration of that period. BEVO.IT will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which BEVO.IT's obligations under these Site Terms may be performed despite the Force Majeure Event.
16. MISCELLANEOUS AND ADDITIONAL CLAUSES16.1. Privacy Policy: BEVO.IT is committed to protecting the privacy and security of its users. All personal data of users collected by BEVO.IT are processed in accordance with the BEVO.IT Privacy Policy. The user of the Site is required to examine the Privacy Policy, which constitutes, by virtue of this reference, an integral part of the Conditions of the Site and is available at the following https://bevo.it/privacy-policy
16.2. Regulation of additional aspects: Furthermore, users and visitors of the Site are advised to examine: the Regulation on Vouchers for further information regarding the use of promotional credits and discounts on the Site. By virtue of this reference, the aforementioned rules constitute an integral part of these Site Conditions.
16.3. Partial Invalidity: If any term or condition of these Site Terms is held to be invalid, void or unenforceable, in whole or in part, the invalidity, voidness or unenforceability will affect only such term, condition or provision and the remaining terms will remain valid and enforceable to the fullest extent permitted by law.
16.4. Entire Agreement: These Site Terms and any other document explicitly referred to in them constitute the entire agreement between BEVO.IT and the user and replace all previous discussions, correspondence, negotiations, any previous agreement, understanding or contract between the parties in relation to the subject matter of the contract.
16.5. Waivers: Any failure or delay in enforcing (in whole or in part) any provision of these Site Terms shall not be construed as a waiver by either party of its rights or remedies.
16.6. Assignment: The user of the Site may not assign any right or obligation under these Site Conditions without the prior written consent of BEVO.IT, even in the case of transfer of a business or branch of a business. BEVO.IT may assign any right or obligation under these Site Conditions to an affiliated company or to any company with which it associates to carry out business activities, which it acquires or to which it is sold, even in the case of transfer of a business or branch of a business and provided that the protection of consumer rights is not diminished as a result of the transfer.
16.7. Headings: The headings of the articles of these Site Regulations are provided solely for convenience and do not in any way affect their interpretation.
- APPLICABLE LAW AND JURISDICTION
17.1 Applicable Law: All complaints and disputes that may arise in relation to or under these Site Conditions will be governed by and construed in accordance with Italian law. For consumers residing in Italy, the mandatory consumer protection legislation provided for by Italian law (Consumer Code) will apply.
17.2 Competent court: any dispute arising from these Site Conditions regarding non-consumer users will be devolved to the exclusive jurisdiction of the court of Bergamo. In the event of a dispute arising from these Site Conditions regarding consumer users, consumers may bring proceedings before the courts (i) of the court of Bergamo or (ii) of the place where they have their residence or domicile in Italy. BEVO.IT and the Distributors may only bring a case against a consumer residing in Italy before the court of residence or domicile of the consumer. In the event of a dispute, the user is encouraged to first contact Customer Service to find a solution or to the certified email gagsrl2021@pec.it
*** The user, pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, expressly approves the following articles: Art. 4.2 (Modification or withdrawal from the Order); Art. 4.4 (Processing of the Order and refusal to execute Orders by the Distributor); 5.5 (Credit and discount vouchers); 5.6 (Rejected Orders); 6.5 (Compensation); 8.2 (Suspension of access and withdrawal); 11 (Exemption from Liability); 12.2 (Exclusion of liability); 12.3 (Limitation of liability); 16.6 (Assignment); 17 (Applicable Law and Competent Court).