Privacy Notice

1. Subject

1.1. These general terms and conditions of sale (hereinafter also referred to as the “Terms”) apply to the purchase of products under the “RISTOSANO HOME” brand (hereinafter referred to as “Products” or, in the singular, “Product”) made via the e-commerce website (hereinafter the “Website”) by users who qualify as “Consumers” within the meaning of Article 1.2 below. The Site is owned by General Beverage S.r.l., with its registered office at Galleria del Corso, No. 1, Milan, Tax code, VAT number and registration number with the Milan, Monza, Brianza and Lodi Companies Register: No. 00645690454 (hereinafter the “Data Controller”)

1.2. Purchases of Products made via the Website shall involve IO SANO as the seller (hereinafter the “Seller”), and the person purchasing one or more Products for purposes not related to their business, commercial, craft or professional activities, as the purchaser (hereinafter the “Consumer”) (the Seller and the Consumer shall hereinafter be collectively referred to as the “Parties”).

1.3. Qualsivoglia comunicazione del Consumatore connessa e/o correlata all’acquisto dei Prodotti – ivi incluse eventuali segnalazioni, reclami, richieste concernenti l’acquisto e/o la consegna dei Prodotti, l’esercizio del diritto di recesso, etc. – dovrà essere inviata al Venditore all’indirizzo e-mail  info@ristosanohome.com

1.5. Every purchase is governed by the general terms and conditions of sale, as published on the Website at the time the Consumer places their order.

1.6. The Website is dedicated to retail sales and, as such, is intended for the exclusive use of Consumers. Persons who are not Consumers are requested not to place purchase orders. Should one or more sales be made to a person who does not qualify as a Consumer, these Terms and Conditions shall apply but, notwithstanding the provisions set out herein:

– the purchaser shall not be entitled to the right of withdrawal referred to in Article 10;

– the purchaser shall not be entitled to the warranty on the Products set out in Article 8;

– the purchaser shall not be entitled to any other protections, as provided for herein in favour of the consumer, which reflect or comply with mandatory provisions of law;

– The contract of sale concluded between the Seller and the buyer shall be governed by Italian law.

1.7. Upon submitting the purchase order, the Consumer agrees that confirmation of the details relating to the order placed and these Terms and Conditions shall be sent to them by email to the address provided by them when registering on the Website or during the purchase process.

1.8. In order to make purchases via the Website, the Consumer must be of legal age (18 years) and have legal capacity, which the Consumer declares they possess.

1.9. Any costs incurred in connecting to the Website via the Internet, including telephone charges, shall be borne exclusively by the Consumer, in accordance with the rates applied by the operator selected by the Consumer.

2. Product features and their availability in different geographical areas

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

2.2. The Seller reserves the right to amend these Terms and Conditions at any time, at its discretion, without the need to give any prior notice to users of the Website. Any amendments made shall take effect from the date of publication on the Website and shall apply solely to sales concluded on or after that date.

2.3. Prices, the Products for sale on the Website and/or their specifications may be subject to change without notice. Such changes apply only to orders that have not yet been confirmed as at the date of the change. In any event, before submitting a purchase order in accordance with point 3 below, the Consumer is advised to check the final sale price.

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

3. How to purchase Products – Conclusion of each individual purchase contract

3.1. The presentation of the Products on the Website, which is not binding on the Seller, constitutes merely an invitation to the Consumer to make a contractual offer to purchase and does not constitute an offer to the public.

3.2. The purchase order submitted by the Consumer to the Seller via the Website constitutes a contractual offer and is governed by these Terms and Conditions, which form an integral part of the order itself and which the Consumer, by submitting the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products by submitting the purchase order, the Consumer will be asked to read these Terms and Conditions and the information on the right of withdrawal carefully, to print a copy using the print function, and to save or make a copy for their own personal use. Furthermore, the Consumer will be asked to identify and correct any errors in the details they have entered.

3.3. L’ordine d’acquisto del Consumatore è accettato dal Venditore con l’invio al Consumatore, all’indirizzo di posta elettronica da questi dichiarato al Venditore al momento della registrazione al Sito ovvero della trasmissione dell’ordine qualora il Consumatore non sia registrato al Sito, di una e-mail di conferma dell’ordine stesso, la quale riporterà il link al testo delle presenti Condizioni, il riepilogo dell’ordine effettuato, comprensivo dell’indicazione dettagliata del prezzo, dei costi di spedizione e dei tributi applicabili, e la descrizione delle caratteristiche del Prodotto ordinato. L’ordine del Consumatore, la conferma dell’ordine del Venditore e le Condizioni applicabili al rapporto fra le Parti saranno archiviati elettronicamente dal Venditore nei propri sistemi informatici e il Consumatore potrà richiederne copia inviando una comunicazione via e-mail al Venditore all’indirizzo info@ristosanohome.com

3.4. Any contract for the purchase of the Products shall be deemed to have been concluded when the Consumer receives the order confirmation from the Seller by email.

4. Product Selection and Purchase Procedure – Ordering Products That Are Not Currently Available (Pre-order)

4.1. The Products displayed on the Website may be purchased by selecting the Products of interest to the Consumer and adding them to the designated virtual shopping basket. Once the selection of Products is complete, in order to proceed with the purchase of the Products added to the basket, the Consumer will be asked to (i) register on the Website by providing the required details, or (ii) log in if the Consumer is already registered, or (iii) provide their details in order to complete the order and enable the contract to be finalised. Should the details provided in the order differ from those supplied during registration on the Website, the Consumer will be asked to confirm their details (including, but not limited to: first name, surname, etc.), as well as the delivery address for the selected Products, the billing address and, optionally, a telephone number where they can be contacted regarding any communications relating to the purchase made. The Consumer will be shown a summary of the order to be placed, the contents of which they may amend: therefore, after reading it carefully, the Consumer must expressly accept these Terms and Conditions by ticking the relevant checkbox on the Website and, finally, by clicking the ‘Place Order’ button, the Consumer will be asked to confirm their order, which will then be definitively sent to the Seller and will take effect as described in paragraph 3.2 above of this contract. The Consumer will also be asked to choose the delivery method and payment method from those available. Should the Consumer opt for immediate payment (at the time of purchase) via the Nexi network, PayPal or instant bank transfer, they will be required to provide the relevant details via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the details provided by the Consumer. Where payment is made by credit card, the purchase amount will be debited only upon transmission of the order confirmation from the Seller to the Consumer.

4.2. Qualora nel corso della procedura di selezione dei Prodotti sul Sito di cui al precedente punto 4.1, il Consumatore rilevi che il prezzo di uno o più dei Prodotti che intende selezionare per il successivo acquisto sia palesemente inferiore a quello normalmente applicato, al netto di eventuali sconti e/o promozioni a quel tempo in vigore, a causa di un evidente problema tecnico verificatosi sul Sito, è pregato di non completare il proprio ordine di acquisto e di segnalare il suddetto errore tecnico al Servizio alla Clientela del Venditore, inviando una e-mail all’indirizzo di posta elettronicamente info@ristosanohome.com

4.3. With regard to certain Products featured on the Website, where expressly stated in the relevant product description, the Consumer will only be able to place a pre-order for such Products, as they will not be available until the date specified on the Website, which may be more than 90 (ninety) days from the date the relevant order is placed. Should the Consumer nevertheless wish to purchase the Product that is not yet available by placing a pre-order, they may select the Product and add it to their basket, proceeding with the order completion process in the same manner as set out in paragraph 4.1 above and thereby authorising full payment for their order, including the price of the Product that is not yet available. It is understood that until the date of delivery of the pre-ordered Product, the Consumer may notify the Seller of their withdrawal in respect of the pre-ordered Product not yet received by the Consumer, following the procedure set out in Article 10 below, and in such a case the Seller shall refund to the Consumer the amounts paid by the latter; the procedure set out in the aforementioned Article 10 shall apply from the date of delivery of the pre-ordered Product. Should the Product actually remain unavailable for longer than the period indicated in the relevant product information sheet on the Website, the Seller shall provide written notice to the Consumer and, if requested by the Consumer, shall refund the sums already paid by the Consumer for the Product. By selecting and purchasing a ‘pre-order’ Product – which is therefore listed on the Website as ‘unavailable’ – the Consumer acknowledges and expressly accepts that (i) the Product is not currently available and will only be delivered once it becomes available at the Seller’s warehouse, (ii) any dates indicated on the Website regarding the Product’s future availability are purely indicative and not binding on the Seller. For orders that include a pre-order Product, the Consumer may only select the following payment methods: Nexi, PayPal and bank transfer.

5. Delivery of goods and acceptance

5.1. The Website indicates the availability of the Products and their delivery times; however, this information is to be regarded as purely indicative and is not binding on the Seller.

5.2 The Seller undertakes to do everything within its power to comply with the delivery times indicated on the Website and, in any event, to complete delivery within a maximum of 90 (ninety) days from the day following that on which the Consumer placed the order, except in the case of Products expressly indicated on the Website, in the relevant product description, as “unavailable” or “pre-order”, in respect of which reference is made to the provisions of paragraph 4.3 above and for which it is specified that the aforementioned time limits shall run exclusively from the moment the Products become actually available at the Seller’s warehouse. In the event that the Seller is unable to fulfil the order due to the unavailability, even temporary, of the Product, the Seller shall provide written notice to the Consumer and shall refund any sums already paid by the Consumer for the Product in accordance with paragraph 5.3 below. Where the Consumer has chosen bank transfer as the method of payment, the delivery period shall commence upon receipt of the payment by the Seller.

5.3. The Products ordered by the Consumer will be dispatched using the method selected by the Consumer from amongst those available and indicated on the Website at the time the order is placed. The Consumer undertakes to check promptly and as soon as possible that the delivery includes all and only the Products purchased and to inform the Seller without delay of any defect in the Products received or of any discrepancy between them and the order placed, in accordance with the procedure set out in Article 8 below of these Terms and Conditions; failing this, the Products shall be deemed to have been accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination clearly damaged, the Consumer is advised to refuse delivery from the carrier/courier or to accept delivery ‘subject to reservation’.

6. Prices, delivery charges, duties and taxes

6.1. The price of the Products is that indicated on the Website at the time the Consumer places the order. Prices include standard packaging costs, VAT (where applicable) and any indirect taxes (where applicable), whilst they do not include delivery charges, which are calculated prior to the order confirmation sent by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Website.

6.2. The Consumer must pay the Seller the total price, as stated in the order and in the order confirmation sent by email by the Seller to the Consumer.

6.3. Where the Products are to be delivered to a country outside the European Union, the total price stated in the order and confirmed in the order confirmation, including indirect taxes (where applicable) is exclusive of any customs duties and any other sales taxes, which the Consumer hereby undertakes to pay, if due, in addition to the price stated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products are to be delivered. The Consumer is advised to contact the relevant authorities in their country of residence or the country of destination of the Products to obtain information on any duties or taxes applicable in their country of residence or the country of destination of the Products.

6.4. The Consumer shall be solely responsible for any additional costs, charges, duties and/or taxes that a particular country may impose, for whatever reason, on the Products ordered in accordance with these Terms and Conditions.

6.5. The Consumer declares that any lack of knowledge regarding the costs, charges, duties, taxes and/or levies referred to in paragraphs 6.3. and 6.4 at the time of placing an order with the Seller shall not constitute grounds for termination of this contract and that the Consumer may not, under any circumstances, charge the aforementioned costs to the Seller.

7. Payments

7.1. Payment for the Products purchased via the Website must be made within a mandatory period of 10 (ten) days from the date on which the Seller sends the order confirmation to the Consumer. The Consumer expressly agrees that the Seller’s performance of the contract shall commence upon the price of the purchased Product(s) being credited to the Seller’s bank account.

7.2. Payment may be made by Nexi credit card, PayPal, bank transfer or cash on delivery, subject to the terms set out below. The Seller may allow additional payment methods, which will be indicated in the ‘Payments’ section of the Website.

7.3. Where payment is made by credit card, the Consumer will be redirected to a secure website and the credit card details will be transmitted directly to NEXI or PayPal, the payment service provider acting on behalf of the Seller. The data transmitted will be sent securely, via an encrypted data transfer using a 128-bit SSL (Secure Sockets Layer) system. This data is not accessible even to the Seller.

7.4. Where payment is made by bank transfer to the Seller, the Consumer must quote the ‘SWIFT’ and ‘IBAN’ codes shown in the order confirmation, as well as the order number.

7.5. The Seller shall promptly send the Consumer, where required by applicable law, in electronic format by email to the address provided by the Consumer, the tax receipt relating to the purchase made, if the Products purchased are to be delivered within Italy, or attached in paper form to the Products purchased, in all other cases.

8. The Seller’s statutory guarantee of conformity, reporting of lack of conformity and warranty repairs

8.1. Pursuant to and for the purposes of European Directive 771/2019/EC and Italian Legislative Decree No. 206/2005 (hereinafter the “Consumer Code”), the Seller warrants to the Consumer that the Products shall be free from defects in design and materials and shall conform to the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Consumer. Any warranty shall be excluded in the event that the Product is used or washed in a manner inconsistent with its intended use and the relevant instructions/warnings provided by the Seller and/or the Manufacturer, or as set out in the relevant accompanying documentation. The Seller also guarantees that the goods are of the quantity, quality, durability, functionality, compatibility and safety ordinarily found in goods of the same type.

8.2. Il Consumatore può denunciare eventuali difetti e non conformità, trasmettendo al Customer Service all’indirizzo ordini@ristosanohome.com Servizio alla Clientela del Venditore, a mezzo e-mail all’indirizzo ordini@ristosanohome.com, con indicazione del difetto e/o della non conformità riscontrati, nonché la relativa documentazione indicata nel modulo di reso medesimo (almeno n. 1 (una) fotografia del Prodotto, la conferma dell’ordine trasmessa dal Venditore e/o la ricevuta fiscale). L’azione diretta a far valere i difetti non dolosamente occultati dal Venditore si prescrive in ogni caso nel termine di ventisei mesi dalla consegna dei Prodotti al Consumatore.

8.3. Upon receipt of the form and the relevant documentation, the Seller will assess the defects and non-conformities reported by the Consumer and, after carrying out the necessary quality checks to verify the actual non-conformity of the Product, will decide whether to authorise the return of the Products by providing the Consumer with a response containing the ‘Return Code’, by email to the address provided by the Consumer during the registration process on the Website or when placing the order. Authorisation to return the Products shall in no way constitute an acknowledgement of defects or non-conformities, the existence of which must be ascertained following the return. Products for which the Seller has authorised a return must be returned by the Consumer, together with a copy of the return authorisation notice bearing the “Return Code”, within 30 (thirty) days of reporting the defect or non-conformity, to the following address: IO SANO c/o GENERAL BEVERAGE – Zona Industriale Novoleto, 54027 Pontremoli (MS)

8.4. In the event of defects or non-conformity, the Consumer shall be entitled to have the Product brought into conformity by the Seller, either by repair or replacement, or to alternative remedies in the cases expressly provided for in the Consumer Code.

Qualora il Venditore si sia impegnato a rimborsare al Consumatore il prezzo pagato, il rimborso verrà effettuato, ove possibile, mediante il medesimo mezzo di pagamento utilizzato dal Consumatore all’atto di acquisto del Prodotto o mediante bonifico bancario. Sarà onere del Consumatore comunicare al Venditore, sempre via posta elettronica all’indirizzo info@ristosanohome.com gli estremi bancari per effettuare il bonifico a suo favore e per far sì che il Venditore sia messo nella condizione di poter restituire la somma dovuta.

9. Liability for damage caused by defective products

9.1. With regard to any damage caused by defects in the Products, the provisions of the Consumer Code shall apply. The Seller, in its capacity as distributor of the Products via the Website, disclaims all liability, without any exclusion or exception, and shall, at the request of the aggrieved Consumer, disclose the identity and address of the relevant manufacturer.

10. Right of withdrawal

10.1 In accordance with Article 59 of the Consumer Code, the right of withdrawal does not apply to food products sold, as these are goods that are likely to deteriorate or spoil after delivery. 

10.2 Per esercitare il diritto di recesso sui prodotti non alimentare eventualmente acquistati (il frullino e le brocche), il Consumatore , prima del decorso del termine di 14 giorni, deve inviare una mail a ordini@ristosanohome.com specificando il numero dell’ordine e l’e-mail con cui ha effettuato l’acquisto.

10.3 In accordance with the provisions of point 10.2 above, the Consumer will receive an email confirming the exercise of the right of withdrawal, containing – should they have already received the ordered product in the meantime – the returns form to be included in the parcel, and instructions on how to return the product, which must be sent no later than 14 days thereafter to: IO SANO c/o GENERAL BEVERAGE – Zona Industriale Novoleto, 54027 Pontremoli (MS).

10.4 If the Consumer has received the product, they must return it to the address given above without undue delay and, in any event, within 14 days of the day on which they notified their withdrawal. The deadline is met if the Consumer returns the goods before the 14-day period expires. The risks and direct costs of returning the goods, as well as proof of return, shall be borne by the Consumer. If the Consumer exercises their right of withdrawal via the website, they will be informed of the cost of returning the goods before confirming the withdrawal request, should they wish to use the returns service offered by the website.

10.5 In the event of withdrawal, the Consumer shall be refunded the payments they have made, including delivery costs (with the exception of any additional costs arising from the choice of a delivery method other than the least expensive standard delivery option offered), without undue delay and, in any event, no later than 14 days from the date the right of withdrawal is exercised. Such refunds shall be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund via a different payment method, in which case any additional costs arising from the use of a different payment method shall be borne by the Consumer. The refund may be withheld until the goods have been received or until the Consumer has provided evidence of having returned the goods, whichever is earlier.

10.6 The Consumer is liable for any reduction in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for example, significantly deformed outer packaging, scratched or damaged products, etc.), or are not complete with all their components and accessories (including labels), the Consumer shall be liable for the financial loss in the value of the goods and shall be entitled to a refund equal to the residual value of the Product. To this end, therefore, the Consumer is requested not to handle the goods beyond what is strictly necessary to ascertain their nature, characteristics and functioning, and to wrap the original packaging of the Products in additional protective packaging that preserves its integrity and protects it during transport, including from writing or labels. Furthermore, in order for the refund to be granted, the goods returned in this manner must contain all the boxes and associated sachets, subject to the condition that no more than 3 sachets of the product may have been used from the total contents of the pack.

11. Intellectual property rights

11.1. The Consumer hereby declares that they are aware that all trade marks, names, as well as any distinctive signs, designations, images, photographs, written or graphic text used on the Website or relating to the Products are and remain the exclusive property of IO SANO and/or its successors in title, and access to the Website and/or the purchase of the Products shall not confer any rights on the Consumer in respect thereof.

11.2. The contents of the Website may not be reproduced, either in whole or in part, transmitted by electronic or conventional means, modified, or used for any purpose without the prior written consent of IO SANO.

12. Consumer data and privacy protection

12.1. In order to proceed with registration, place an order and thereby conclude the contract in accordance with these Terms and Conditions, the Consumer is required to provide certain personal data via the Website. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller, IO SANO, in accordance with and in compliance with European Regulation (EU) No 679/2016 and Italian Legislative Decree Legislative Decree No. 196/2003, in order to process each purchase made via the Website and, subject to the Consumer’s consent, for any further activities as set out in the specific privacy policy provided to the Consumer via the Website at the time of registration.

12.2. The Consumer represents and warrants that the information provided to the Seller during the registration and purchase process is correct and truthful.

12.3. The Consumer may at any time update and/or amend the personal data provided to the Seller via the ‘My Account’ section of the Website, which is accessible following login.

12.4. For any further information on how the Consumer’s personal data is processed, please visit the section Privacy Policy as well as to read carefully the Terms and Conditions of Use.

13. Safety

13.1. Although the Seller takes measures to protect personal data against any loss, falsification, manipulation and misuse by third parties, due to the nature and technical limitations of protecting electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Website, even after the Consumer has logged in, will not be accessible or viewable by unauthorised third parties.

13.2. With regard to data relating to credit card payments, the Seller uses the services of NEXI / PAYPAL, which employs technological systems designed to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the internet.

14. Governing law, attempt at conciliation and competent court

14.1. Any contract of sale concluded between the Seller and Consumers in accordance with these Terms and Conditions shall be governed by and interpreted in accordance with Italian law and, in particular, the Consumer Code, with specific reference to the legislation governing distance contracts and Legislative Decree No. 70 of 9 April 2003 on certain aspects of electronic commerce. In any event, this shall be without prejudice to any rights conferred on Consumers by mandatory provisions of law in force in their respective countries.

14.2. In the event of disputes between the Seller and a Consumer, we hereby undertake to participate in an attempt at amicable settlement which any Consumer may initiate through RisolviOnline, an independent, institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which enables a satisfactory agreement to be reached, with the assistance of a neutral and competent mediator, in an amicable and secure manner online. For further information on the RisolviOnline rules or to submit a request for conciliation, please visit www.risolvionline.com.

14.3. As an alternative to the conciliation procedure referred to in point 14.2 above, the Consumer also has the right to use the European Online Dispute Resolution platform (the European ODR Platform) to resolve any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in accordance with Directive 2013/11/EU and EU Regulation No 524/2013, with the aim of facilitating the independent, impartial, transparent, effective, swift and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer resident in the EU and a trader established in the EU, through the intervention of an ADR (Alternative Dispute Resolution) body that has joined the platform, which can be selected from a specific list available there. For further information on the European ODR Platform or to initiate, via the platform, an alternative dispute resolution procedure concerning this contract, please visit the following link: http://ec.europa.eu/odr. L’indirizzo di posta elettronica del Venditore da indicare nella Piattaforma ODR Europea è il seguente: info@ristosanohome.com.

14.4. Should the parties fail to agree to the conciliation attempt referred to in point 14.2 or 14.3 above, or should such an attempt prove unsuccessful, the dispute shall be referred to the court of the Consumer’s place of residence or domicile.