OBJECT OF THE GENERAL CONDITIONS

These general contract conditions ("General Conditions") contain the terms and conditions governing the sale, through telematic means, by BOEM S.r.l, with registered office at Via Raffaello Sanzio 22, 20149, Milan (MI), VAT number 12978040967 ("Company") of products under the brand "BOEM", that is a beverage falling within the so-called "hard seltzer" category, ("Products"), and the registration to the "BOEM" community ("Community"), through the website www.drinkboem.com ("Site"), under the terms and conditions described below, to adult users ("User" ).
By proceeding with the registration to the Community as indicated on the Site and/or the purchase of the Products, the User declares to accept the General Conditions. Due to the nature of the Products, to proceed with the registration to the Community and/or the purchase of the Products, and in general to consult the Site, the User declares and guarantees to be of legal age.
The User declares to have read and expressly accepted the General Conditions at the moment of registering to the Community and/or purchasing the Products. If the User does not intend to accept even one of the terms and conditions of the General Conditions, they are invited to refrain from registering to the Community and/or purchasing the Products.
The User acknowledges and agrees that the Company reserves the right to modify the General Conditions at any time, at its sole discretion, notifying the User through publication on the Site and/or specific communication. Such modification will be considered accepted by the User upon a purchase or access to the Community made after the said publication/communication.

CANCELLATION FROM THE COMMUNITY

The User registered in the Community can request cancellation through the personal area on the Site and/or by sending a specific written communication to the Company at the addresses provided by the Company within thePrivacy Policy.
Notwithstanding the above, the Company reserves the right to suspend/cancel the User's registration in the Community at any time and without notice in case of violation of the General Conditions by the User.

PURCHASE AND DELIVERY OF PRODUCTS

Each order placed by the User through the Site constitutes an offer to purchase the Products. Orders are subject to availability and the Company's discretionary acceptance. The Company may apply restrictions on the quantities of Products that can be purchased. The User must select the Products and complete the checkout after carefully verifying and possibly modifying the information contained in the order summary. The order is placed by confirming it, and its processing by the Company is subject to payment of the price of the Products as well as taxes and shipping costs indicated in the order summary. Until payment for the Products is received, the User acquires no rights to the Products.
The order processing receipt issued by the Company when the User confirms the order of the Products does not constitute acceptance of the order. The Company reserves the right, at its sole discretion, based on Product availability and/or information provided by the User during Community registration and/or order submission, to decide whether to accept an order. If the order is accepted, the Company will notify the User by sending an order confirmation to the email address provided by the User; otherwise, the Company will promptly notify the User at the provided email address. In the latter case, the Company will refund the price of the Products, as well as taxes and shipping costs.
The User acknowledges and agrees that shipping costs will be added to the cost of the Products at the time of order completion. Regarding these costs, the Company reserves the right, at its sole discretion, to evaluate any promotions or discount codes that allow the User to obtain reduced or free shipping. If such promotions/discount codes are not present or applicable, the User waives any claim regarding shipping costs and agrees to pay them.
Subject to applicable law, prices, descriptions, availability, and/or Product packs are subject to change by the Company without notice. The photos provided are indicative and do not guarantee the actual presentation of the Products.
The Company cannot be held responsible for any damages suffered by the User i) due to delays in the delivery of the Products that are not due to circumstances foreseeable at the time of sending the order confirmation, ii) due to any wrongful conduct by the courier, iii) due to improper storage of the Products by the User and/or iv) due to excessive use of the Products.
Upon delivery of the Products, the User must check the integrity of the packaging and the contents, specifying any anomalies on the delivery receipt, acknowledging and agreeing that failure to indicate the aforementioned anomalies or to mark "with reservation" results in the loss of any right to refund/compensation by the User.
In case of inability to complete delivery and/or failure to collect within the deadline set by the courier, the Products will be returned to the Company, which will refund the price of the Products but not any shipping costs incurred by the User. The Company cannot be held responsible for any delivery errors resulting from inaccurate and/or incomplete information provided by the User when placing the order, nor for any damage that may occur to the Products after delivery to the courier or for delays in delivery attributable to the courier.
The User is invited to carefully review the delivery information, details on any taxes, and the details entered before completing the order. After the order is finalized, the User will not be able to make changes.
The delivery times indicated on the Site are approximate and are calculated from the day the Products are shipped.

PAYMENTS

The User acknowledges and agrees that the Company reserves the right to offer different rates to other Users or special commercial promotions and, in this regard, the User hereby waives any claim against the Company, including for refunds or compensation.
To proceed with the payment of the Products, the User must follow the instructions on the Site regarding the Products and payment methods, use the dedicated page provided by the Company, and enter all the required billing information. The User acknowledges and agrees that payments and all data management necessary to make the payment will be handled by third-party companies separate from the Company. At no point during the purchase procedure described above will the Company be able to know the User's credit card information. Under no circumstances can the Company be held responsible for any fraudulent and/or improper use of credit cards and for the management of payment data by third parties.
In case of payment by credit/debit card, Paypal, Shop Pay, Apple Pay or Google Pay, simultaneously with the completion of the online transaction, the relevant payment gateway will authorize only the amount related to the purchase made. The related amount will be charged to the User's credit card at the time of purchase.
In case of cancellation of the purchase by the User, where possible and in compliance with the General Conditions, the payment gateway will cancel the transaction and release the committed amount. The release times, for some types of cards, depend solely on the payment gateway system and can take up to their natural expiration (24th day from the authorization date). Once the transaction cancellation has been made, the User acknowledges and expressly agrees that under no circumstances can the Company be held responsible for any damages, direct or indirect, caused by delay or failure to release the committed amount by the payment gateway.
The Company reserves the right to request additional information from the User (e.g., identification document) or the submission of copies of documents proving the age of majority and/or ownership of the credit card used. In the absence of the requested documentation, the Company reserves the right not to accept the order of the Products.
The User acknowledges and agrees that it will be their responsibility, if requested during registration to the Community and/or payment for the Products, to provide any reference to the tax code and/or VAT number and/or other billing data.

INTELLECTUAL PROPERTY RIGHTS

For the purposes of the General Conditions, “Rights” means the intellectual property rights related to the Products, the Site, and the Company's Community, such as trademarks, logos, and any other content that may be subject to proprietary rights and/or any other intellectual property rights related to the Products, the Site, and the Community, exclusively owned and/or otherwise available to the Company.
The User acknowledges and agrees that the Rights are the exclusive property of the Company and/or third parties who have granted a license to the Company, and are protected by intellectual and industrial property laws. The mere use of the Site and Products, as well as membership in the Community, does not grant the User any rights, including, by way of example, intellectual and industrial property rights on the Site, the Products and/or the activities of the Community, in whole or in part, and therefore they may not use the Rights in any way except as strictly necessary to use the Site, the Products and/or the activities of the Community.
Except as necessary to use the Site and, in general, the Company's services, the User may not download, copy, use, transfer, rent, sublicense, lend, modify, adapt, attempt to modify or alter the source code, perform reverse engineering, decompile, disassemble or otherwise operate, in whole or in part, on the Site.
Unauthorized use, copying, reproduction, modification, republication, updating, downloading, mailing, transmission, distribution or duplication or any other abusive use of the Site and/or everything subject to the Rights by the User is prohibited. The User undertakes not to use what is subject to the Rights for unlawful purposes and/or in violation of the General Conditions and/or for commercial purposes or in any case connected to an economic activity (except, in this sole case, with the prior written authorization of the Company) and undertakes not to violate the Rights of the Company and/or third-party licensors.
In relation to the above, the User undertakes from now on to indemnify and hold the Company harmless from any damage or loss directly or indirectly resulting from the User's use of everything subject to the Rights in violation of the provisions of the General Conditions.
The User acknowledges and agrees that, if they send any content and/or materials to the Company, through the Company's social networks or through the “Write to Us” section of the Site:

The Company may use the aforementioned content/materials without time or media limits, also for promotional and advertising purposes of the Products, without necessarily indicating the User's name/nickname and without any compensation being due;
the Company will have no obligation to publish/share the aforementioned contents/materials;
the Company cannot be held responsible for any violations of image rights and/or intellectual property rights present in the contents/materials for which the User will remain solely responsible;
grants the Company a release on their image/name/nickname/voice rights if the contents/materials contain the above;
must obtain from any third parties other than the User present in the contents/materials specific authorization for sending before transmitting them to the Company concerning any intellectual property rights and image/name/nickname/voice rights of the said third parties.

WARRANTY STATEMENTS

The User acknowledges and expressly accepts that, in case of violation by the User of the law, third party rights or the General Conditions, the Company may – at its sole discretion – suspend, block access to the Site and/or cancel registration to the Community, as well as take any other action useful to protect the rights and interests of the Company.
The User, to consult the Site, register to the Community and/or purchase the Products, must have the necessary equipment and applications such as, by way of example, Internet services and, in relation to this aspect, the Company cannot be held responsible for any malfunctions, inability to access or poor conditions of use of the Site attributable, by way of example, to unsuitable equipment.
The User declares and guarantees:

that they are at least 18 (eighteen) years old and therefore, the User acknowledges and accepts that the Company may request, during registration to the Community or order completion, proof of having reached the age of majority even in case of purchase as a “guest”;
that they have read and understood the General Conditions;
that they will print a copy of the General Conditions following registration to the Community and/or purchase of the Products;
that they have the necessary powers to act for the purposes thereof and have the capacity to act and sign legally binding contracts;
that, if eventually requested during registration to the Community or registration to proceed with the order of the Products, will choose a secure and complex password and will not allow third parties – especially if they are minors – to use their account to purchase the Products, accepting that they will in any case be solely responsible for everything carried out through their account, including any purchases of Products;
that they will refrain from reproducing, duplicating, copying, using, selling, reselling, and in any case commercially exploiting the Products, the Site and, in any case, everything subject to the Rights;
that they will refrain from any form of use, direct and/or indirect, of the Products, the Site and, in any case, everything subject to the Rights in a manner contrary to the law or not in accordance with the General Conditions;
that they will refrain from creating multiple accounts linked to themselves using, for example, different email addresses owned by them;
that they will not use so-called spamming systems, chain messages, or pyramid selling;
that they will not spread viruses, spyware, adware, rootkits, backdoors, trojans, and other similar cyber threats through the Site;
that they will not use software or other automatic or manual mechanisms to copy or access pages offering the Products and/or their content.

LIMITATION OF LIABILITY

The User acknowledges and agrees that, except where expressly specified in the General Conditions and as provided by law, the Company makes no express or implied representation or warranty regarding the Products and/or the Site.
The User acknowledges and agrees that the Products will also be shipped with the support of third parties, for example, through couriers and other entities not part of the Company and/or connected to it. The User acknowledges and agrees that the Company cannot be held responsible for what is provided/performed by said third parties over whom the Company has no control and, in this regard, hereby waives any claims against the Company, without prejudice to the Company's commitment to select couriers suitable for the transport of the Products.
The Company cannot in any way be held responsible for any negative consequences resulting from the consumption of the Products by unauthorized persons, for example, minors or those who cannot consume alcoholic beverages for any reason, and generally resulting from excessive consumption of the Products by the User. Actions taken by the User in any area directly or indirectly related to the Products are solely attributable to themselves and in no way can the Company be held responsible for any possible negative consequences, losses and/or damages resulting from choices possibly made (and/or not made) by the User following the use of the Products.
The Company shall not be liable to the User for any delays or failures to fulfill its obligations regarding the delivery of the Products if such delays or failures result from force majeure.
The Company is not necessarily affiliated and/or partnered with the natural and/or legal persons owning the websites linked within the Site and is not responsible in any way for the content of such websites. These links are provided solely for the User's convenience, and access to such sites is at the User's sole discretion and responsibility. A link from the Site to any other website does not imply that the Company approves, supports, or recommends that website in any way nor has any control over any element of the content of that website.

INDEMNITY

The User undertakes to indemnify and hold harmless the Company, its subsidiaries and affiliates, as well as their respective representatives, partners, and employees from any damage, liability, cost, burden, or expense, including legal fees, arising from third-party claims resulting from the User's use of the Products and the Site, as well as from registration to the Community, in a manner not compliant with the General Conditions and/or violations of the provisions therein, including commitments and warranty declarations.

PRIVACY

Obligations of the Company towards the User. In fulfilling its contractual obligations, the Company undertakes to comply with the provisions of Legislative Decree 196/2003, integrated with the amendments provided by Legislative Decree 101/2018 ("Code") and Regulation EU 2016/679 ("Regulation"; the Code and the Regulation together, the "Privacy Regulation") and, for this purpose, undertakes to adopt all necessary and adequate physical, logistical, and organizational security measures to ensure the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing.
The User's personal data are processed using manual and IT tools, with logics strictly related to the processing purposes described in the privacy policy and, in any case, in a way that guarantees the security and confidentiality of the data itself. The User agrees that the Company has the right to access, store, transmit, use, and process all the information provided in accordance with the terms of the Privacy Regulation.
To better know and understand how the Company uses the User's personal data, the User is invited to consult thePrivacy Policy.

ASSIGNMENT

The User may not assign the General Conditions, in whole or in part, to third parties.

DURATION AND SURVIVAL OF CLAUSES

The General Conditions take effect from the date of acceptance and will remain in force for the entire period the User is registered in the Community, unless terminated earlier as described in the General Conditions and as provided below, and in any case until the Products are delivered.
The following clauses of the General Conditions will remain valid and effective even after the termination of the General Conditions: Intellectual Property Rights; Warranty Declarations; Limitation of Liability; Applicable Law and Jurisdiction; General Clauses.

ORDER CANCELLATION AND EXCLUSION OF WITHDRAWAL RIGHT

The User acknowledges and agrees that, upon purchase of the Products, they will have the right to request order cancellation and obtain a refund of the amount paid. within and no later than 1 hour from the sending of the Products order by sending an e-mail communication to info@drinkboem.com or through another method indicated on the Site. The User acknowledges and agrees that once the order fulfillment procedures have started by the Company, they can no longer cancel the order and will not be entitled to any refund, even if they no longer wish to receive the Products, waiving any claim in this regard, including reimbursement or compensation..
The User acknowledges and agrees that i) they will not have the right to withdraw for orders of Products with a value less than fifty euros (€50), excluding any shipping costs and any promotions and/or discount codes, and ii) in any case, since the Products are subject to deterioration due to their organoleptic and chemical-physical characteristics (for example, due to improper storage), once the order is received, they will not have the right to withdraw and therefore to return the products and obtain a refund, waiving any claim in this regard, including reimbursement or compensation..

TERMINATION

The Company, pursuant to art. 1456 c.c., may terminate the General Conditions with immediate effect, by simply sending written communication to the User also via e-mail, if the User has violated one or more of the following provisions of the General Conditions: Payments; Intellectual Property Rights; Warranty Declarations; Assignment. The Company's right to claim further damages remains unaffected in any case.

APPLICABLE LAW AND JURISDICTION

The General Conditions are entirely governed by Italian law.
Without prejudice to the provisions established to protect consumers regarding jurisdiction, any dispute arising between the Parties concerning the validity, interpretation, execution and termination of the General Conditions and/or in any case connected with the General Conditions shall be subject exclusively to the jurisdiction of the Court of Milan, to the exclusion of any other, even concurrent or alternative.
ODR Platform. Pursuant to European Regulation 524/2013, the Company informs the User that in case of dispute they may submit a complaint through the ODR (Online Dispute Resolution) platform provided by the European Commission and accessible at the following link http://ec.europa.eu/consumers/odr/.

GENERAL CLAUSES

Any tolerance by the Company towards User behaviors in violation of any provision of the General Conditions does not constitute a waiver of rights deriving from the violated provision, nor the right to demand proper compliance with all provisions of the General Conditions.
The General Conditions contain the overall agreement reached by the Parties regarding their subject matter.
If any term or other provision of the General Conditions is declared null, voidable or unenforceable, all other terms and provisions of the General Conditions shall remain fully valid and effective.
The Company and the User act in full autonomy and independence. The General Conditions do not create any relationship of collaboration, agency, association, intermediation or employment between them.
The User acknowledges and agrees that the following paragraphs of the General Conditions contain some unfair terms, including the listed points, and therefore must expressly accept them upon registration, pursuant to articles 1341 and 1342 of the Civil Code: Cancellation from the Community, art. 5; Purchase and Delivery of Products, arts. 7, 10 and 12; Payments, arts. 15, 16 and 18; Intellectual Property Rights, arts. 25 and 26; Warranty Declarations, arts. 27, 28 and 29; Limitation of Liability, arts. 30, 31, 32, 33 and 34; Indemnity, art. 35; Assignment, art. 39; Order Cancellation and Exclusion of Right of Withdrawal, arts. 42 and 42; Termination, art. 44; Applicable Law and Jurisdiction, arts. 45 and 46. The User is invited to carefully read the aforementioned clauses, especially the indicated points (also in bold in the text) before registering to the Community and/or completing the purchase of the Products, waiving any claim in this regard against the Company, including for refund or compensation.

26 February 2024.