Terms and Conditions of Sale - Yacht Cellar
1. Introduction
Yacht Cellar is an e-commerce site owned by Bagni D'Arienzo SRL. Registered office: Via Pasitea 71, 84017 Positano (SA), VAT ID IT02972990655. These Terms and Conditions ("Terms") apply to your use of the Yacht Cellar website ("Site") and the purchase of products through our Site. Please read these Terms carefully and ensure you understand them before making any purchases on our Site. By using our Site, placing an order through it, via email, or via WhatsApp, you agree to be bound by these Terms.
2. Paid Products
Some of the Products offered on Yacht Cellar are for purchase. The rates, duration, and conditions applicable to the sale of such Products are described below and in the respective sections of Yacht Cellar. To purchase Products, users must register or log in to Yacht Cellar. It is also possible to make a purchase without registration, but the User assumes the responsibility of being of legal age or having reached the age of majority in their country of residence or as required by law for the purchase of alcoholic beverages.
3. Product Description
Prices, descriptions, and availability of Products are specified in the respective sections of Yacht Cellar and are subject to change without notice. Although Products on Yacht Cellar are presented with the greatest technical accuracy possible, the representation on Yacht Cellar by any means (including, as applicable, graphical materials, images, colors, sounds) is intended as mere reference and does not imply any warranty regarding the characteristics of the purchased Product. The characteristics of the selected Product will be specified during the purchase procedure. The offer of the Products is non-binding. To make a purchase, Users must submit a binding offer to buy. Only once such an offer is accepted can the contract be considered concluded.
4. Purchase Procedure
Each step, from selecting the product to submitting the order, is part of the purchasing process. The purchase procedure includes the following steps: Users are requested to select the desired Product and verify their purchase choice. After checking the information visible in the purchase choice, Users can place the order by submitting it. Submitting the order entails the following: Each submitted order constitutes a purchase offer. Submitting the order creates an obligation on the User to pay the price, taxes, and any additional charges and expenses, as specified on the order page. If the purchased Product requires action by the User, such as providing personal information or data, specifications, or particular requests, submitting the order also creates an obligation on the User to cooperate accordingly. Once the order is submitted, Users will receive a receipt. Unless otherwise specified in the relevant communications, the above receipt only attests to the receipt of the order and does not constitute acceptance of the same. Unless the order receipt explicitly constitutes simultaneous acceptance of the order – in which case the contract is considered concluded – the purchase contract is concluded when the User receives communication accepting the order. Subject to availability and at the discretion of the Owner, the order will be accepted without undue delay. If the order is not accepted, the Owner will provide a refund. Non-acceptance of an order does not entitle the User to any claims – even for compensation – against the Owner. All notifications regarding the above-described purchase procedure will be sent to the email address provided by the User for this purpose.
5. Prices
During the purchase process and before submitting the order, Users are duly informed of all fees, taxes, and costs (including any shipping expenses) that will be charged to them. Prices on Yacht Cellar, depending on the section the User is consulting, include all applicable fees, taxes, and costs, or are indicated excluding applicable fees, taxes, and costs.
6. Promotions and Discounts
The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions specified in the relevant section of Yacht Cellar. Promotions and offers are always granted at the sole discretion of the Owner. Repeated or periodic promotions or discounts do not constitute any claim or enforceable right by the Users. Depending on the case, discounts and promotions are valid for a specific period or until stocks are exhausted. Unless otherwise specified, the time limitations of promotions and discounts are referred to the timezone of the Owner’s headquarters.
7. Payment Methods
Details related to accepted payment methods are highlighted during the purchase process. Some payment methods are linked to additional conditions or entail additional costs. Detailed information is provided in the relevant section of Yacht Cellar. All payments are managed independently by third-party services. Therefore, Yacht Cellar does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successfully completed. In the event that the payment made with one of the available methods fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. In case the payment is unsuccessful, the Owner reserves the right to request reimbursement from the User for any expenses or damage related.
8. Reservation of Ownership and Usage Rights
Until the full purchase price is received by the Owner, the User does not acquire ownership of the ordered Products. Until the full purchase price is received by the Owner, the User does not acquire the usage rights of the ordered Products.
9. Delivery
Yacht Cellar ships exclusively in Italy, with particular speed in the specified pickup areas. Deliveries are made to the address indicated by the User and in the manner indicated in the order summary. Upon delivery, Users must verify the contents of the package and promptly report any anomalies to the contacts listed in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged. Delivery may take place in the countries or territories specified in the relevant section of Yacht Cellar. Delivery times are indicated on Yacht Cellar or during the purchase process. Some shipments may experience delays due to adverse marine weather conditions. In case the customer uses their own shipping service (personal freight forwarder), they assume all responsibility from the moment their courier takes the package.
10. User Rights
Right of withdrawal: Under Article 52 of the Consumer Code, the user has the right to withdraw from the purchase contract without having to provide any reason, within 14 days from the day they acquired physical possession of the products. Exceptions to the right of withdrawal: There is no right of withdrawal from contracts: for the supply of goods made to measure or clearly personalized; for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been opened after delivery; for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty days and whose actual value depends on fluctuations in the market which cannot be controlled by the Owner; for the provision of services after the service has been fully performed, if the contract requires the Consumer to pay and when execution has commenced with the express consent of the Consumer and with the acceptance of losing the right to withdrawal following the complete execution of the service.
11. Limitation of Liability
Force majeure clauses: Yacht Cellar will not be liable in case of non-performance or delayed performance of the obligations undertaken due to force majeure causes. Force majeure causes include, by way of example but not limited to, natural events, wars, strikes, supply difficulties, interruptions of electronic communications, interruptions of electricity supply or other essential supplies. In such circumstances, Yacht Cellar has the right to suspend its activities and/or the fulfillment of its obligations, without the user being able to advance claims for damages.
12. Dispute Resolution
Any disputes relating to the products and/or services offered by Yacht Cellar shall be governed by Italian law and shall be subject to the exclusive jurisdiction of the Court of Salerno.
