The sale of all products offered on the website WWW.TIVANWHISKY.COM (accessible via the url WWW.TIVANWHISKY.COM and WWW.TIVANWHISKY.IT) is governed by these General Conditions of Sale.

All the products offered on the website WWW.TIVANWHISKY.COM are marketed by TIVAN individual company Andrea Bonacina with headquarters in Via Biffi 21, 22036 Erba (COMO)

VAT No: 04175000134 REA number CO – 425454.
The submission of the purchase order implies full knowledge and express acceptance of both the above-mentioned general conditions of sale and what is indicated in the online purchase procedure.
Detailed contact information is available in the “Contacts” section of WWW.TIVANWHISKY.COM.
The user is obliged, before accessing the products provided by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.

You can use the site and then access products supplied by it and purchase them in the following languages:

Italian – English

1. GENERAL PROVISIONS
1.a. All provisions contained in the following sections of the general conditions apply to all contracts entered into between a consumer (hereinafter referred to as the “Customer”) and WWW.TIVANWHISKY.COM / individual firm Andrea Bonacina (hereinafter referred to as “TIVAN”). These may be modified only on the basis of individual agreements written and signed by the consumer and TIVAN. The general conditions are published on the TIVAN website: WWW.TIVANWHISKY.COM, in the “General Conditions” tab.
1.b. The term “consumer”, referred to in the general conditions of TIVAN, means a natural person of legal age who enters into a contract with an entrepreneur, not directly linked to his or her commercial or professional activity as provided for in art. 3, paragraph 1, letter a), of Legislative Decree 6 of September 2005, n. 206 and subsequent amendments and additions (Consumer Code).
1.c. The Contracting Party in the contracts concluded with TIVAN must be a natural person of legal age. By placing an order with TIVAN through the website WWW.TIVANWHISKY.COM, the Customer guarantees that he or she is of legal age (18 years) and has the legal capacity to enter into binding contracts.
1.d The Customer is prohibited from entering false and/or invented and/or fictitious names in the online order procedure and in further communications. TIVAN reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.

2. PRICES
2.a. Any information relating to the products on sale, including the prices shown on the website WWW.TIVANWHISKY.COM, constitutes an invitation to conclude a contract, however it does not constitute an offer pursuant to art. 1326 of the Italian Civil Code.
2.b. The prices of the products and shipping and delivery costs may vary without prior notice. The price in force during the sale is the one published by TIVAN on its website WWW.TIVANWHISKY.COM at the time of placing the order.
2.c. The prices shown on the website WWW.TIVANWHISKY.COM are expressed in euros. Please always check whether the price in a given offer includes VAT. Prices never include shipping costs. Before completing the order submission process, the Customer is informed of the total price of the goods, including the purchase price of the goods, taxes and duties and shipping costs of the goods to the consumer.
2.d. Pursuant to Article 1523 of the Italian Civil Code, ownership rights of the goods are transferred to the consumer upon full payment of the price of the goods.

3. HOW TO ORDER
3.a. Before concluding the contract, the Customer must confirm that he/she has read and accepted these Conditions of Sale, including the information on the right of withdrawal and the processing of personal data.
3.b. TIVAN accepts orders submitted in electronic format and transmitted via the Internet following the relevant instructions, via the online sales system available on the website WWW.TIVANWHISKY.COM.
3.c. Submitting an order means sending by the Customer a request to stipulate the sales contract for the products included in the order. The offer is considered accepted by TIVAN when sending the e-mail message confirming shipment to the address provided by the Customer during the account registration process on the website WWW.TIVANWHISKY.COM during the submission of the order itself.
3.d. Submitting an order does not constitute an obligation for TIVAN and failure to confirm does not imply tacit acceptance of the order.
3.e. To place an order through the online sales system, the Customer must have an active email account and provide their data for billing purposes.

4. DELIVERY OF GOODS
4.a. TIVAN only offers delivery of goods to consumers in Italy. Delivery of goods to other countries, including outside the European Union, is possible only upon individual agreements with TIVAN, upon request to be made to info@tivanwhisky.com.
4.b. Each shipment will contain: i) the product(s) ordered; ii) the relevant transport document/accompanying invoice; iii) any information and marketing material.
4.c. The Customer is required to pay the shipping costs, unless otherwise agreed separately with TIVAN. Shipping costs vary depending on the weight of the package, its size and the destination, as well as the choice of carrier.
4.d. The delivery times of a product include the time to process the order (not countable) and the transportation times carried out by the carrier/shipper (max 3 working days from the delivery of the goods to the courier). The order processing time is an indicative time calculated from the moment the order is received for its processing, until the object of the order is transmitted to the carrier/shipper, with the exception of destinations that are classified as “disadvantaged areas”. The order processing time is subject to the availability of a specific product, while the transport time depends on the choice of carrier/shipper which will be at the discretion of TIVAN.
4.e. TIVAN undertakes to deliver the products ordered to the Customer as soon as possible and in any case no later than 30 days from the date of the order.
4.f. Upon receipt of the goods at their home, the Customer must check the integrity of the packages. Any anomalies must be reported and noted by the courier, rejecting the delivery, under penalty of forfeiture of any right to reimbursement.
4.g. TIVAN reserves the right to refuse orders from a customer with whom there is an ongoing dispute and/or a dispute relating to a previous order. This applies equally to all cases in which TIVAN deems the customer unsuitable, including, by way of example, the case of previous violations of the conditions of the contract for online purchases on the site or for any other legitimate reason, especially if the Customer has been involved in fraudulent activities of any kind.

5. PAYMENT METHODS
5.a. To pay the price of the products, the Customer may follow one of the methods indicated in the purchase procedure of the WWW.TIVANWHISKY.COM website and which are summarised below:
Advance bank transfer (the order is entrusted to the courier only after receipt of the transfer or receipt of the transfer receipt by email to info@tivanwhisky.com), Credit cards, PayPal, Satispay without additional charges.
The credit card details are entered in a window managed directly by the relevant circuits or services, for which it will be necessary to refer to the conditions of use of the chosen service.
If the Customer exercises the right of withdrawal after payment for the products purchased online, TIVAN will refund the entire purchase amount, after verifying compliance with the conditions necessary for exercising the right of withdrawal with regard to the condition of the goods themselves.
The payment procedure will take place in a window managed directly by the circuits or service platforms, so it will be necessary to refer to the conditions of use of the chosen service.
5.b. At no time during the purchase procedure is TIVAN able to know the information relating to the credit card used (for example, the credit card number or its expiration date), as these are transmitted via a connection protected by an encrypted protocol directly to the site of the chosen entity that manages the electronic payment. No computer archive of TIVAN will store such data.
5.c. In no case can TIVAN be held responsible for any fraudulent or improper use of credit and prepaid cards by third parties.

6. QUALITY AND GUARANTEES
6.a. These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on WWW.TIVANWHISKY.COM and do not govern, however, the supply of services or the sale of products by parties other than TIVAN that are present on WWW.TIVANWHISKY.COM via links, banners or other hypertext links.
6.b. TIVAN sells high-quality products. The methods of transport, storage and packaging guarantee protection against damage and deterioration.
6.c. The essential characteristics of the products offered by TIVAN are presented with specific product sheets, visible directly on the WWW.TIVANWHISKY.COM website. The images and colours of the products offered for sale on WWW.TIVANWHISKY.COM may however not correspond to the real ones due to the browser and monitor used.
6.d. The warranty on goods sold does not exclude, limit or suspend the consumer’s rights arising from the warranty for product defects. The Customer has the right to the warranty on the conformity of the products and services purchased. In the event that the Customer believes that one or more products are defective, within 7 (seven) working days of delivery he must contact Customer Service by email at the email address: info@tivanwhisky.com or send a communication addressed to TIVAN c/o Andrea Bonacina, Via Biffi 21- 22036 Erba (COMO), reporting in detail the problem encountered and indicating the order number and an accurate description of the defect, accompanied if possible by photographic material. In this case, the Customer must, at his own expense, return the product to TIVAN within 5 (five) days of his notification. If the product is not intact due to the opening of the bottle and the breaking of the seal, TIVAN will not recognize any refund. If the lack of conformity of the product is ascertained, the Customer will have the right to have the product replaced. The Customer acknowledges, all exceptions removed, that, in light of the specificity of the products marketed by TIVAN, this remedy is appropriate for the purposes of art. 130 n. 3, 4 and 9 b) of the Consumer Code.
6.e. The Customer will have the right to request from TIVAN an appropriate reduction in the price or the termination of the contract if: i) the replacement of the product is impossible or excessively expensive; ii) TIVAN does not provide for the replacement within a reasonable period. In such cases TIVAN will issue a discount voucher equal to 100% of the value of the Product and the costs incurred by the Customer for the return, to be used for the purchase of another product available on the website WWW.TIVANWHISKY.COM.
6.f. Any defects caused by accidental events or by the User’s responsibility are also excluded from the scope of the legal guarantee.
To exercise the right of guarantee and for further information on the subject, you can contact TIVAN by e-mail at info@tivanwhisky.com.

7. RIGHT OF WITHDRAWAL
7.a. According to the provisions of Legislative Decree 206/05 (“Consumer Code”), the Customer has the right to withdraw from the purchase contract of the products, without any penalty, within 14 (fourteen) calendar days from receipt of the goods and upon written communication to be sent to TIVAN, without providing any justification.
7.b. In the communication, the Customer must indicate the product or products for which he intends to exercise the right of withdrawal, the order code, the order date, the invoice number and his bank details (IBAN code). Once the communication has been made, he will be asked to wait for a response from customer service that authorizes the return; subsequently, it will be possible to return the goods by entrusting them to the courier within 14 (fourteen) working days from delivery of the order. The only costs borne by the Customer will be those of returning the purchased products, in accordance with art. 67, paragraph 3 of the Consumer Code.
7.c. The Right of Withdrawal, in addition to compliance with the terms and methods described above, is considered to be correctly exercised if the following Conditions are fully respected: i) the purchased products must be returned perfectly and completely intact; ii) the products must be returned in their original packaging; III) the returned products must be sent to TIVAN in a single shipment.
7.d. TIVAN reserves the right not to accept bottles or products from the same order, returned and shipped at different times; the costs of returning the goods will be borne by the Customer, including liability in the event of loss or damage to the products.
7.e. The products received will be examined to assess any damage or tampering.
7.f. The right of withdrawal is reserved only for natural persons, therefore any purchases made by resellers or by persons who purchase for resale in any capacity are excluded.
7.g. If the Right of Withdrawal is exercised following the methods and terms indicated in this paragraph, TIVAN will refund any sums already collected for products purchased directly from the website WWW.TIVANWHISKY.COM., as quickly as possible and, in any case, within fourteen (14) days from the date on which TIVAN became aware of the exercise of the right of withdrawal. If the terms and methods for exercising the right of withdrawal have not been respected, there will be no right to a refund of the sums already paid to TIVAN or to the issuance of the requested credit. It will always be possible to obtain, at the Customer’s expense, the products in the state in which they were returned to TIVAN. Otherwise, TIVAN may retain the products, in addition to the sums already paid for their purchase.
7.h. In the event that there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of exercising the right of withdrawal, will be carried out by TIVAN, in any case, towards the person who made the payment.
This same information is also contained for easier consultation on the Right of Withdrawal page.

8. APPLICABLE LAW AND JURISDICTION
8.1. The General Conditions of Sale are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005, on the Consumer Code, with specific reference to the legislation on distance contracts and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce. The sale of products and/or provision of services takes place in the territory of the Italian State and is subject to the laws in force in the Italian Republic.
8.2. The competent court for the resolution of any dispute will be that provided for by Italian legislation in force at the time of conclusion of the contract.
8.3. Given that TIVAN is always available to seek an amicable solution to any disputes that may arise, any legal action by the Customer must be preceded by an attempt at out-of-court mediation to be carried out via the online platform for alternative dispute resolution (ODR – “online dispute resolution”), which, pursuant to Article 14 of EU Regulation no. 524/2013 and the resolution on ODR pursuant to Statutory Instrument no. 500/2015 in force since 15 February 2016, was established by the European Commission, accessible at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Through the ODR platform, the Customer will be able to consult the list of ODR bodies, find the link to each of them and start an online dispute resolution procedure. More information about the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show.

9. PRIVACY
9.1 TIVAN undertakes to process the consumer’s personal data in accordance with the conditions established by the relevant legal provisions applicable in this area.
9.2. By accepting these general conditions, the consumer consents to the processing of personal data by TIVAN in connection with the execution of sales contracts for the products offered.
9.3. All information relating to the processing of your personal data can be obtained by consulting the Privacy and Cookies page.

10. FORCE MAJEURE
10.a. TIVAN is not liable for partial or total non-fulfilment of contractual obligations in the event of the occurrence of external events, described as “force majeure” events, which do not depend on TIVAN itself. The term “force majeure” is understood to be all unforeseen events independent of TIVAN, which arise after the conclusion of the contract, such as in particular: epidemics, pandemics, war, riots, catastrophes, floods, transport problems, default of suppliers or subcontractors, terrorism, strikes.
10.b. If the period of “force majeure” exceeds 2 weeks, both the customer and TIVAN, have the right to withdraw from the contract with immediate effect without any liability for damages caused by the termination of the contract due to the “force majeure” event.

11. UPDATES AND MODIFICATIONS
11.a. The General Conditions of Sale are periodically modified based on the development of its business and the market, as well as in compliance with any legislative updates and changes. Each update and modification will be regularly published on the website WWW.TIVANWHISKY.COM and will be immediately effective from the date of publication.
11.b. The new General Conditions of Sale will be effective from the date of publication on the website WWW.TIVANWHISKY.COM and in relation to purchase orders submitted after that date.

12. CONTACTS
1. Any information request can be sent by email to the following address info@tivanwhisky.com and by post to the following address:
TIVAN c/o Andrea Bonacina, Via Biffi 21 – 22036 Erba (CO)

These conditions were drawn up on 09/20/2024.