Terms & Conditions


Last updated: May 02, 2025

Please read these Terms & Conditions carefully before placing an order or using our website. By accessing avinosmilano.com and purchasing from us, you agree to be bound by the following terms. If you have any questions, don't hesitate to contact us at info@avinosmilano.com.

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

Consumer: the natural person who does not act in the exercise of a professional or business activity and who concludes a distance contract with the trader.

Day: calendar day.

Duration contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

Durable medium: any tool that allows the consumer or trader to store information personally addressed to them, in a way that enables future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer's right to cancel the distance contract within the cooling-off period.

Trader: Avinos, the natural or legal person who offers products and/or services remotely to consumers.

Distance contract: a contract concluded within the framework of a system organised by Avinos for the remote sale of products and/or services, which up to the conclusion of the contract uses exclusively one or more distance communication techniques.

Distance communication technique: a means that can be used to conclude a contract without the consumer and trader being simultaneously present in the same place.

General Terms and Conditions: these General Terms and Conditions of Avinos.

Article 2 – Identity of the Trader

Company name: Avinos Email address: info@avinosmilano.com Business number (Ireland): 738295

Article 3 – Applicability

These general terms and conditions apply to every offer made by Avinos and to every distance contract and order concluded between Avinos and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the conclusion of the distance contract, that the general terms and conditions are available at Avinos and that they will be sent free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the contract is concluded, be made available to the consumer electronically so that they can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the conclusion of the distance contract, where the general terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, upon request.

In the event that specific conditions apply to certain products or services in addition to these general terms and conditions, the second and third paragraphs apply by analogy, and in the event of conflicting conditions, the consumer may always invoke the provision most favourable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the contract and the remaining conditions shall remain in force, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that approximates the original intention as closely as possible.

Situations not covered by these general terms and conditions shall be assessed "in the spirit" of these conditions.

Uncertainties regarding the interpretation or content of one or more provisions of these conditions shall be interpreted "in the spirit" of these conditions.

Article 4 – The Offer

If an offer has a limited duration or is subject to conditions, this will be expressly stated in the offer.

The offer is non-binding. Avinos has the right to modify and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If Avinos uses images, these accurately represent the products and/or services offered. Obvious errors or mistakes in the offer do not bind Avinos.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Product images are a faithful representation of the products offered. Avinos cannot guarantee that the colours displayed exactly match the actual colours of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

  • The price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer.
  • Any delivery costs.
  • The manner in which the contract will be concluded and what actions are required for this.
  • Whether the right of withdrawal is applicable.
  • The methods of payment, delivery and execution of the contract.
  • The period of validity of the offer or the period within which Avinos guarantees the price.
  • Whether the contract, once concluded, will be archived and, if so, how it can be accessed by the consumer.
  • The manner in which the consumer, before concluding the contract, can check and correct the data provided.
  • The minimum duration of the distance contract in the case of a duration contract.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.

If the consumer has accepted the offer electronically, Avinos will promptly confirm receipt of the acceptance electronically. Until receipt has been confirmed by Avinos, the consumer may dissolve the contract.

If the contract is concluded electronically, Avinos will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Avinos will take appropriate security measures.

Avinos may — within the limits permitted by law — inquire into the consumer's ability to meet their payment obligations, as well as all relevant facts and factors for a responsible conclusion of the distance contract. If, based on this investigation, Avinos has good reason not to conclude the contract, it is entitled to refuse an order or request with reasons, or to attach special conditions to its execution.

Avinos will provide the consumer, together with the product or service, with the following information:

  • The address of Avinos's premises to which the consumer can address complaints.
  • The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear indication of its exclusion.
  • Information on existing guarantees and after-sales service.
  • The requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.

Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

Upon purchasing products, the consumer has the right to cancel the contract without giving reasons within 14 days. The cooling-off period begins the day after the consumer, or a representative designated in advance by the consumer and communicated to Avinos, receives the product.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise the right of withdrawal, the consumer will return the product with all accessories supplied and, where reasonably possible, in its original condition and packaging to Avinos.

If the consumer wishes to exercise the right of withdrawal, they must notify Avinos within 14 days of receiving the product by written message or email to info@avinosmilano.com.

After notifying the intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must demonstrate that the goods were returned on time, for example by means of proof of shipment.

If, upon expiry of the periods referred to above, the consumer has neither notified Avinos of their intention to exercise the right of withdrawal nor returned the product, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the direct costs of returning the products are at the consumer's expense.

If the consumer has already made a payment, Avinos will refund this amount as soon as possible and in any case within 14 days of withdrawal, provided the product has been received by Avinos or conclusive proof of complete return shipment has been provided.

Article 8 – Exclusion of the Right of Withdrawal

Avinos may exclude the consumer's right of withdrawal for the following products:

  • Products manufactured according to the consumer's specifications.
  • Products clearly of a personal nature.
  • Products which by their nature cannot be returned.
  • Products which can deteriorate or expire quickly.
  • Audio and video recordings and computer software whose seal has been broken by the consumer.
  • Hygiene products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  • Relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period.
  • Whose execution has begun with the consumer's express consent before the cooling-off period has expired.
  • Relating to betting and lotteries.

Article 9 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory or regulatory provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the consumer has the right to cancel the contract from the day the price increase takes effect.

All prices are subject to printing or typographical errors. No liability is accepted for the consequences of such errors. In the event of a printing or typographical error, Avinos is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and Warranty

Avinos guarantees that the products and/or services conform to the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory and/or regulatory provisions existing on the date of the conclusion of the contract.

Any defects or incorrectly delivered products must be reported to Avinos in writing within 14 days of delivery. Return of products must take place in the original packaging and in new condition.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.
  • The delivered products have been exposed to abnormal conditions or handled carelessly or contrary to Avinos's instructions.
  • The defect is wholly or partially the result of regulations imposed by the authorities regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

Avinos will take the greatest care when receiving and executing orders for products.

The place of delivery is deemed to be the address communicated by the consumer to Avinos.

Avinos will execute accepted orders promptly and in any case within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.

In the event of dissolution, Avinos will refund the amount already paid by the consumer as soon as possible and in any case within 14 days.

The risk of damage and/or loss of products remains with Avinos until the moment of delivery to the consumer or a representative designated by the consumer, unless expressly agreed otherwise.

Article 12 – Duration Contracts: Duration, Cancellation and Extension

Cancellation

The consumer may terminate an open-ended contract for the regular delivery of products or services at any time, with a maximum notice period of one month.

The consumer may terminate a fixed-term contract for the regular delivery of products or services upon expiry, with a maximum notice period of one month.

Extension

A fixed-term contract for the regular delivery of products or services may not be tacitly renewed or extended for a fixed term.

A fixed-term contract may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a maximum notice period of one month.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a maximum notice period of one month, unless reasonableness and fairness oppose termination before the expiry of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period. In the case of a service contract, this period begins when the consumer receives confirmation of the contract.

The consumer is obliged to promptly report any inaccuracies in the payment details provided to Avinos.

In the event of non-payment by the consumer, Avinos has the right, subject to legal limitations, to charge the consumer reasonable costs previously communicated.

Article 14 – Complaints Procedure

Complaints regarding the execution of the contract must be submitted to Avinos in full and clearly described within 7 days of the consumer discovering the defects.

Complaints submitted to Avinos will be responded to within 14 days of receipt. If a complaint requires a longer processing time, Avinos will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

If a complaint is found to be justified, Avinos will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between Avinos and the consumer to which these general terms and conditions apply are governed exclusively by Irish law. This also applies if the consumer resides abroad.

Article 16 – CESOP

Following the measures introduced and strengthened from 2024 in relation to the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record data in the European CESOP system.