Terms and Conditions of Use

1. Scope and Contractual Partner

Scope: These Terms and Conditions apply to all orders placed by customers via this online shop www.damiano.shop
Contractual Partner: The purchase contract is concluded with the Company Damiano & Damiano KG, Trading Company on Shares with Unlimited Liability for High Quality Products from Italy, legally based at Paffendorfstr. 42-44, DE-51107 Köln (Cologne), Germany, Commercial Register: Cologne District Court, Registration Number HRA 32866, VAT ID: DE 31 31 764 73, Member of the Cologne Chamber of Industry and Commerce.
Language: The official contractual language for international sales is English.

2. Product Characteristics and Availability

Natural Products: Our products are artisanally crafted natural goods. Small variations in color, shape, weight, or taste are a sign of authenticity and do not constitute a defect.
Availability: Since our items are seasonal, if a product is temporarily unavailable due to harvest limitations, we will notify you immediately and refund any payments already made.

3. Ordering Process and Conclusion of Contract

Selection: You can place products from our selection into the shopping cart without obligation.
Order Submission: By clicking the “Buy Now” or “Place Order” button, you submit a binding offer to purchase the goods in your cart.
Confirmation: You will receive an automatic order confirmation by email. The contract is officially concluded once we ship the goods or send a separate shipping confirmation.

4. Prices, Shipping, and Delivery

Prices: All prices are final prices in Euros (€) and include the valid Italian value-added tax (IVA/VAT).
Shipping Costs: Shipping costs depend on weight, cooling requirements, and destination. Exact fees are displayed in the checkout before payment.
Temperature-Sensitive Goods: Fresh products are shipped in specialized thermal packaging with cooling elements. Delivery for these items is processed via express couriers to guarantee the cold chain.

5. Specific Clause: Sale of Alcohol and Age Verification

Minimum Age Requirement: The sale of alcohol (e.g., wine, limoncello, craft beer) to individuals under the legal drinking age is strictly prohibited. By placing an order for alcoholic beverages, the customer explicitly confirms that they have reached the legal minimum age required by law in both Italy (18 years) and their country of residence.
Age Verification at Checkout: The customer must enter their correct date of birth during the checkout process when purchasing alcoholic items.
Delivery Verification: We reserve the right to instruct our shipping couriers to hand over shipments containing alcohol only to individuals who can present a valid government-issued photo ID confirming their legal age. If delivery fails because the recipient is underage or cannot provide identification, the customer will bear the costs for the return shipment.

6. Terms of Payment

We offer the following secure payment methods:

7. Right of Withdrawal (Cancellation Policy) & Exceptions

Standard Right: Customers within the European Union (EU) have the right to withdraw from the contract within 14 days without giving any reason.
⚠️ Strict Exceptions for Food Items: According to EU consumer law (Art. 16(d) of Directive 2011/83/EU), the right of withdrawal does not apply to:
- Goods that are liable to deteriorate or expire rapidly (e.g., fresh cheese, fresh truffles, fresh meats).
- Sealed goods that are not suitable for return due to health protection or hygiene reasons if they were unsealed after delivery (e.g., opened bottles of olive oil or wine).

8. Transport Damage and Defects

Inspection: Please inspect the package immediately upon delivery.
Damaged Goods: If fresh products arrive spoiled or damaged due to transport delays, take photos immediately and contact our customer service at [Insert Email Address] within 24 hours to arrange a replacement or refund.

9. Liability and Applicable Law

Limitation: We are liable for damages resulting from a breach of our contractual obligations. Liability for slight negligence is excluded, unless it concerns vital health or life injuries.
Applicable Law: The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers within the EU, the mandatory consumer protection laws of their home country remain unaffected.

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