EN IT

GENERAL TERMS AND CONDITIONS OF SALE
TOTOTAI S.r.l. – TOTOTAI PURO ZERO™

Art. 1 – Seller Identification

1. These General Terms and Conditions of Sale govern purchases made through www.tototai.it, operated by TOTOTAI S.r.l. (hereinafter also referred to as the “Company” or the “Seller”).

2. Registered office: Piazza della Libertà 1, 33100 Udine (UD), Italy. Operating office: Via San Marco 11/C, 35129 Padua (PD), Italy. Email: info@tototaisrl.com. Website: www.tototai.it.

3. The Company sells non-alcoholic beverages and food products under the TOTOTAI PURO ZERO™ brand.

4. VAT number, tax identification number, REA registration number, share capital and any other mandatory corporate information are made available in the website’s legal information section, in accordance with applicable legislation.

Art. 2 – Definitions

1. Customer: any natural or legal person purchasing through the website.

2. Consumer: any natural person purchasing for purposes unrelated to their business or professional activity, if any.

3. Business Customer: any person purchasing in the course of their business or professional activity.

4. Products: beverages and other goods marketed by the Company.

5. Order: a purchase request submitted through the website.

6. Contract: the sales agreement entered into between the Customer and the Company.

7. Courier: the operator responsible for transporting and delivering the goods.

Art. 3 – Scope of Application

1. These Terms and Conditions apply to orders placed through www.tototai.it. Customers are invited to read them before making a purchase.

2. By completing an order, the Customer accepts the Terms and Conditions validly brought to their attention.

3. Mandatory provisions of the Italian Consumer Code shall prevail over any conflicting clauses.

4. The version in force at the time the Contract is concluded shall apply to each order.

Art. 4 – Products and Food Information

1. The Company sells non-alcoholic beverages and food products, including Bianco Mercurio and Rosé Giove from the TOTOTAI PURO ZERO™ range.

2. Product information sheets contain the information required by applicable legislation, including quantities, ingredients, allergens, nutritional values and storage conditions.

3. Customers are invited to check the characteristics of the Products before purchasing. Images published on the website are for illustrative purposes only and do not alter the essential characteristics of the Products.

4. Mandatory food information is made available before the purchase is completed, in accordance with applicable legislation. Customers must follow the storage and usage instructions provided on the packaging.

Art. 5 – Account and Registration

1. Purchases may be made using the methods available on the website, including without registration where permitted.

2. The Customer is responsible for ensuring that the information provided is accurate and for keeping their login credentials secure.

3. Any unauthorised access must be reported to the Company promptly.

4. The Company may take proportionate measures to prevent unlawful or fraudulent use of accounts.

Art. 6 – Purchase Procedure

1. The Customer selects the Products and quantities and, before submitting the order, may review the shopping cart, prices, shipping costs and information entered.

2. The order confirmation button clearly indicates the obligation to pay.

3. After the order has been submitted, the Customer receives an electronic acknowledgement of receipt. The Contract is concluded when the Company notifies the Customer that the order has been accepted, in accordance with the procedure indicated on the website.

4. Confirmation of the Contract and all mandatory information are provided on a durable medium.

5. If Products are unavailable, the Customer will be informed and any refunds due will be issued.

Art. 7 – Sale Prices

1. Prices are expressed in euros and include applicable VAT.

2. The currently available pack sizes include: 6 cans at €18.00; 12 cans at €34.90; 24 cans at €71.90.

3. Prices may be changed for future purchases. Each order shall be subject to the price displayed and accepted during checkout.

4. Promotional offers are subject to the conditions communicated on the website.

Art. 8 – Shipping Costs

1. Deliveries are made exclusively within Italy.

2. For orders below €69.00, the standard shipping cost is €9.00, including VAT. For orders of €69.00 or more, standard shipping is free of charge.

3. Any promotional conditions will be communicated before purchase. The total cost is displayed before payment confirmation.

Art. 9 – Payment Methods

1. 9.1 – Available Payment Systems. The Company provides various electronic and banking payment methods, depending on the services actually activated and displayed during checkout.

2. Accepted payment methods may include: PayPal (account, balance, linked cards, guest checkout where available and additional services offered by the platform); Stripe and its enabled payment methods; credit cards (including Visa and Mastercard, where supported); debit and prepaid cards; Apple Pay; Google Pay; bank transfer; other digital wallets and payment methods activated subsequently.

3. Any instalment or deferred payment services are available only if enabled and approved by the relevant provider, subject to the conditions communicated before acceptance.

4. 9.2 – Availability. The payment methods that can be used are those displayed during checkout. Availability may depend on the device, the provider and the conditions applicable to the Customer.

5. 9.3 – Security. Transactions are processed by specialised providers. The Company will never request passwords, PINs, CVV codes or authentication codes by email.

6. 9.4 – Bank Transfer. The Customer must use the bank details and payment reference provided by the Company. Unless otherwise agreed, the order will be prepared for dispatch once receipt of payment has been verified.

7. 9.5 – Failed Payment. If a payment is declined, unauthorised or not completed, the Company may suspend order processing and notify the Customer.

8. 9.6 – Refunds. Refunds are issued in accordance with applicable legislation and, where required, using the same payment method used for the purchase, unless otherwise expressly agreed.

9. 9.7 – Updates. The Company may change the payment methods available for future orders, without affecting Contracts already concluded.

Art. 10 – Product Availability and Order Preparation

1. Orders are processed subject to Product availability. The Company uses packaging suitable for the nature of the cans and normal transport conditions.

2. If Products are unavailable, the Customer will be informed. Any substantial changes to the order require the Customer’s consent.

3. If an order cannot be fulfilled, the remedies and refunds provided for by law shall apply.

Art. 11 – Couriers and Due Care During Transport

1. The Company entrusts deliveries to professional courier services, including GLS, BRT, DHL and UPS, selected according to the destination, availability and operational requirements.

2. In accordance with applicable law and the relevant transport agreements, the Courier is required to handle, safeguard and deliver parcels with an appropriate level of professional care.

3. Appropriate precautions must be taken to prevent drops, impacts, crushing, punctures and other handling incidents that could compromise the integrity of the goods.

4. The Company may request the Carrier to provide available information relating to shipment and delivery. The Carrier’s obligations towards the Company are also governed by the relevant contractual agreements.

5. Entrusting the delivery to a Courier does not exclude the Seller’s liabilities towards Consumers as provided for by law.

Art. 12 – Delivery Times

1. Deliveries are made to the address provided by the Customer, who must ensure that all details are complete and accurate.

2. The standard delivery period is up to 15 business days, unless otherwise agreed and communicated before purchase.

3. Any significant delays will be communicated to the Customer as soon as reasonably possible.

4. In the event of non-delivery, Article 61 of the Italian Consumer Code shall apply, without prejudice to any rights relating to delays and failure to perform the Contract.

Art. 13 – Inspection of the Parcel Upon Delivery

1. Customers are expressly invited, whenever reasonably possible, to carefully inspect the external condition of the parcel at the time of delivery.

2. In particular, the inspection should cover breakages, openings, crushing, dents, deformation, holes, tears, signs of tampering, liquid traces or unusual moisture, as well as the number of parcels received.

3. If visible damage is found, the Customer is invited to report it immediately to the Courier and, where possible, request that a specific reservation be recorded, describing the irregularity.

4. Customers are invited to take one or more photographs of the damaged parcel, preferably before opening it, showing the damaged areas and the shipping label.

5. Any available documentation should be sent promptly to info@tototaisrl.com, together with the order number.

6. The absence of photographs or a delivery reservation does not automatically result in the loss of any rights granted by law.

Art. 14 – Inspection of the Cans After Opening

1. Customers are invited to check the condition of the Products inside the box.

2. If they find any dented, broken, open or leaking cans, they are invited to contact the Company promptly and, where possible, provide photographic evidence of the damage.

3. The Company may request information reasonably necessary to handle the complaint and will assess reports in light of the circumstances and the available documentation.

4. Products presenting potential food safety issues must not be consumed. All rights under the statutory legal guarantee of conformity remain unaffected.

Art. 15 – Transfer of Risk

1. In contracts with Consumers, the risk of loss of or damage to the Products for reasons not attributable to the Seller passes to the Customer when the Customer, or a third party designated by the Customer other than the Carrier, physically takes possession of the goods, pursuant to Article 63 of the Italian Consumer Code.

2. The specific rules applicable where the Consumer independently chooses a Carrier not offered by the Seller shall remain unaffected.

3. The transfer of risk does not exclude liability for any lack of conformity already existing at the time of delivery.

Art. 16 – Damage Caused by the Customer After Delivery

1. After receiving the Products, the Customer must store and handle them with due care.

2. Damage caused after proper delivery by drops, impacts, crushing, improper handling or inadequate storage, where attributable to the Customer, shall not in itself constitute an original defect or transport damage.

3. By way of example, if the Customer receives an intact box and subsequently drops it, causing damage to the cans, such damage shall not be attributable to the Company.

4. In such circumstances, the Company shall not be required to provide free replacements or refunds on the grounds of an original defect or transport damage.

5. The external integrity of the box and the delivery record are useful elements of evidence but do not automatically prove the absence of pre-existing internal defects.

6. The right of withdrawal, where applicable, and all other mandatory statutory protections remain unaffected.

Art. 17 – Right of Withdrawal

1. Consumer Customers may withdraw from the Contract within 14 days of receiving the Products, subject to the exceptions provided for under Article 59 of the Italian Consumer Code. In the case of multiple deliveries, the specific statutory rules governing the commencement of the withdrawal period shall apply.

2. The right of withdrawal may be exercised without giving any reason by sending an explicit statement to info@tototaisrl.com or through any additional methods made available on the website.

3. The Customer may use the withdrawal form attached hereto, although this is not mandatory. The deadline shall be met if the withdrawal notice is sent before the expiry of the relevant period.

4. The website provides the online withdrawal functionality required by applicable legislation, with an easily accessible interface and confirmation on a durable medium.

Art. 18 – Exceptions to the Right of Withdrawal

1. The right of withdrawal is excluded only in the cases provided for under Article 59 of the Italian Consumer Code.

2. Where the relevant conditions are met, such exceptions include goods liable to deteriorate or expire rapidly and sealed goods which are not suitable for return for reasons of hygiene or health protection, where they have been unsealed after delivery.

3. The fact that a Product is food-related or that its outer box has been opened does not automatically exclude the right of withdrawal.

4. Rights relating to any lack of conformity remain unaffected.

Art. 19 – Return of Goods

1. After notifying the Company of their withdrawal, the Customer must return the Products within 14 days, unless the Company has offered to collect them directly.

2. Customers are invited to use suitable packaging to protect the cans.

3. Under the Company’s free returns policy, the Company bears the standard direct costs of returning the goods and provides the relevant shipping or collection instructions.

4. Any additional services requested by the Customer are subject to prior notification and acceptance of the relevant costs.

5. All mandatory statutory provisions concerning the right of withdrawal remain applicable.

Art. 20 – Diminution in Value of Returned Products

1. Pursuant to Article 57(2) of the Italian Consumer Code, the Consumer may be liable for any diminution in the value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning, where the conditions provided for by law are met.

2. If the cans are damaged due to circumstances attributable to the Customer, the Company may assess the actual and demonstrable diminution in value.

3. No automatic penalties or flat-rate deductions shall apply. Any financial consequences must be proportionate and documented, and the Customer will be informed of the reasons for the claim.

4. Rights relating to any lack of conformity remain unaffected.

Art. 21 – Refunds

1. In the event of a valid withdrawal, the Company shall issue refunds in accordance with Article 56 of the Italian Consumer Code, without undue delay and, in any event, within 14 days of receiving the withdrawal notice.

2. Unless the Company has offered to collect the goods directly, the refund may be withheld until the Company has received the Products or until the Customer has provided evidence of having sent them back, whichever occurs first.

3. The refund includes the original delivery costs to the extent required by law and shall be made using the same payment method used for the purchase, unless otherwise expressly agreed, provided that such agreement does not impose any costs on the Consumer.

4. The provisions concerning any diminution in value shall remain applicable.

Art. 22 – Products Damaged During Transport

1. Customers are invited to inform the Company promptly of any transport damage, providing the order number, a description of the damage and any available photographs.

2. The Company will assess the request and apply the remedies provided for by applicable legislation. In the event of a lack of conformity, the Customer shall benefit from the statutory legal guarantee of conformity.

3. The Company may separately initiate claims procedures against the Courier, without limiting the Consumer’s rights.

Art. 23 – Statutory Legal Guarantee of Conformity

1. Articles 128 et seq. of the Italian Consumer Code shall apply to Consumers.

2. The Company shall be liable for any lack of conformity existing at the time of delivery, within the terms and under the conditions provided for by law.

3. Depending on the applicable conditions, available remedies include replacement, bringing the goods into conformity, a price reduction or termination of the Contract.

4. The guarantee does not cover damage caused exclusively by events occurring after delivery and attributable to the Customer.

5. Purchases made by Business Customers shall be governed by the provisions of the Italian Civil Code and any agreements validly entered into.

Art. 24 – Storage and Food Safety

1. Products must be stored in accordance with the instructions on their packaging. After opening, the relevant refrigeration and consumption instructions must be followed.

2. Products showing signs of possible contamination, leakage or deterioration must not be consumed.

3. Any irregularities may be reported to Customer Support. The Company shall manage any product withdrawals or recalls in accordance with applicable food safety legislation.

4. Nothing in these Terms and Conditions limits any mandatory liability relating to defective or unsafe Products.

Art. 25 – Complaints and Customer Support

1. Complaints may be sent to info@tototaisrl.com, preferably including the order number and a description of the issue.

2. The Company may request relevant information and documentation and shall assess complaints fairly and without undue delay.

3. Submitting a complaint does not affect any rights granted by law.

Art. 26 – Invoicing

1. Tax documentation shall be issued in accordance with current Italian legislation.

2. The Customer must provide the necessary information when requested. Invoicing requests shall be handled in accordance with the procedures and deadlines established by law.

3. Tax documents may be transmitted electronically, and any amendments shall be made within the limits permitted by law.

Art. 27 – Use of the Website

1. The website must be used lawfully. Unauthorised access, fraudulent activities and attempts to compromise the systems are prohibited.

2. The Company may take proportionate measures to prevent abusive use, without prejudice to rights arising from Contracts validly concluded.

Art. 28 – Intellectual Property

1. Trademarks, logos, images, photographs, texts and website content are protected under applicable legislation.

2. The TOTOTAI PURO ZERO™ trademark and all other distinctive signs are used by their respective rights holders.

3. Any unauthorised reproduction or commercial exploitation of protected content is prohibited, except for uses permitted by law. Purchasing the Products does not grant any rights to commercially exploit the trademarks.

Art. 29 – Privacy and Cookies

1. Personal data are processed in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Italian legislation.

2. Information concerning data processing is available in the Privacy Policy. The use of cookies is governed by the Cookie Policy.

3. Preferences concerning processing activities that require consent are managed in accordance with the law. Privacy notices are separate documents and do not form part of these Terms and Conditions.

Art. 30 – Payment and Website Security

1. The Company adopts appropriate technical and organisational measures to protect its services. Electronic transactions are processed through authorised providers.

2. Customers are invited to protect their devices and personal credentials and to report any suspicious activity.

3. All liabilities established by applicable legislation remain unaffected.

Art. 31 – Liability

1. The Company shall be liable for breaches of contract and damages in the cases provided for by law.

2. The Company shall not be liable for damage caused exclusively by the Customer after proper delivery, where such damage is not attributable to original defects or breaches by the Seller.

3. Liability in cases of force majeure shall be assessed in accordance with the law. No provision of these Terms and Conditions shall limit or exclude liability where prohibited by law.

4. All mandatory Consumer rights remain unaffected.

Art. 32 – Force Majeure

1. Extraordinary, unforeseeable and unavoidable events may affect the performance of obligations to the extent permitted by law.

2. Such events may include natural disasters, measures adopted by public authorities and other objective impediments. The affected party shall notify the other party without undue delay.

3. The consequences shall be determined in accordance with applicable legislation.

Art. 33 – Applicable Law

1. These Terms and Conditions shall be governed by Italian law, without prejudice to any mandatory provisions that may apply for the protection of Consumers.

2. The clauses shall be interpreted in accordance with the principles of good faith, fairness and transparency.

Art. 34 – Dispute Resolution

1. Where possible, the Company encourages the amicable resolution of disputes. Customers may contact Customer Support.

2. Any alternative dispute resolution mechanisms provided for by applicable legislation shall remain available, subject to the relevant statutory conditions.

Art. 35 – Jurisdiction

1. Disputes with Consumers shall be subject to the mandatory rules on territorial jurisdiction, including the Consumer’s place of jurisdiction where applicable.

2. For disputes involving Business Customers, to the extent permitted by law and subject to the valid agreement of this clause, the Court of Udine shall have exclusive jurisdiction.

Art. 36 – Amendments to the Terms and Conditions

1. The Company may update these Terms and Conditions for regulatory, commercial or organisational reasons.

2. Amendments shall apply to orders placed after their effective date. The original Terms and Conditions shall continue to apply to orders already concluded, unless otherwise validly agreed or required by law.

3. The updated version shall be made available on the website.

Art. 37 – Final Provisions

1. The possible invalidity of any individual clause shall not automatically result in the invalidity of the entire Contract.

2. Invalid provisions shall be disregarded to the extent provided for by law.

3. These Terms and Conditions, together with the contractual information provided during checkout, govern purchases made through the website.

4. All mandatory rights granted under Italian and European legislation remain unaffected.

ANNEX A – Standard Withdrawal Form

To: TOTOTAI S.r.l. – Piazza della Libertà 1, 33100 Udine (UD), Italy – info@tototaisrl.com

I hereby give notice of my withdrawal from the sales contract relating to the following Products:

Order number: ______________________________________

Products purchased: ______________________________________

Order date: ______________________________________

Date of receipt: ______________________________________

First and last name: ______________________________________

Address: ______________________________________

Email address: ______________________________________

Date of notice: ______________________________________

Signature (only if this form is submitted in paper format): ______________________________________

This form may be sent by email. Its use is not mandatory.

ANNEX B – Procedure for Damaged Parcels

Upon delivery: check the external condition of the box; photograph any breakages, crushing or irregularities; report the issue to the Courier and, where possible, request that a specific reservation be recorded; promptly contact TOTOTAI S.r.l. at info@tototaisrl.com.

After opening: check the condition of the cans; photograph any damage; where possible and safe, retain any relevant documentation and packaging; do not consume Products showing potential food safety issues; provide the order number and a description of the irregularity.

This procedure facilitates the assessment of damage and does not introduce any forfeiture of rights granted by law.

ANNEX C – Summary Notice on Liability After Delivery

TOTOTAI S.r.l. pays particular attention to the packaging and shipping of its Products.

Customers are invited to check the condition of the parcel upon delivery and to photographically document any damage.

After proper delivery, Customers must store and handle the cans with due care.

Damage subsequently caused by drops, impacts, crushing or other events attributable to the Customer does not constitute transport damage or an original Product defect.

The right of withdrawal, where applicable, the statutory legal guarantee of conformity and all other mandatory rights provided for by applicable legislation remain unaffected.