GENERAL TERMS AND CONDITIONS MAIMMOBILIARE SRL
1) DEFINITIONS
The following general terms and conditions are aimed to regulate the purchase of products and services by distance selling through the website www.ilmorofood.it (hereinafter Website), in compliance to Legislative Decree 206/2005 and subsequent amendments (hereinafter “Consumer Code”).
“Buyer” is the party or individual who is making the purchase.
“Supplier” is the party who is selling the products or services for the purpose of this contract.
The products and services regulated by the following terms and conditions are sold by MAIMMOBILIARE SRL whose registered office is at Cosenza, Via Piave n. 36 VAT and Cosenza Company register n. IT03053200782.
By placing an order through one of the available methods, the Buyer confirms having read and accepted the general terms and conditions. The transmission of the order implies full knowledge and full acceptance of the General Conditions.
The Buyer undertakes to print and save the accepted General Conditions after the purchase.
2) CONTENT AND CONCLUSION OF THE CONTRACT
According to this contract, respectively, the Supplier sells and the Buyer purchases by distance selling products and services offered for sale on this website.
The contract is stipulated exclusively through the Buyer’s access to the Website once the latter places the order of the products and services offered.
To place an order, following the instructions of the Website, the Buyer must complete and send the order form, completing the purchase up to the page where is displayed the summary and number of the order placed.
The Buyer must complete the following steps:
– add the items into the shopping cart after having read the General Terms and the Privacy policy;
– insert delivery and invoicing data.
– select the payment method and confirm the order.
Once the order is placed (the placement of the order is considered as offer), the Buyer acknowledges having read all the information provided during the purchase process and confirms full acceptance of this General Conditions and the payment methods.
MAIMMOBILIARE SRL confirms the order by means of a reply via e-mail sent to the e-mail address of the Buyer with the order number, data of delivery and invoicing, the list of the purchased products with their essential characteristics and the price, including all delivery charges.
The Buyer will check the email with the confirm of the order: in case of mistakes occurred during the placement of the order, he/she has 2 hours from the receipt of the email to modify the delivery address or the greeting card contacting the Customer Service of MAIMMOBILIARE SRL.
It will not be possible to modify other elements of the order, for example, quantity and products purchased.
The contract between MAIMMOBILIARE SRL. and the Buyer is concluded once the product ordered are shipped. The sales contract and the summary of the order are drawed up in three versions: Italian, English and German. In case of discrepancy in the translation, the Italian version will be considered prevalent.
3) PAYMENT METHODS AND REFUND POLICY
The Buyer may pay the ordered products and the expenses using the following payment methods: Credit Card, Paypal, bank transfer.
The payment circuits on which it is possible to purchase within the Website are Visa and Mastercard.
Paypal – Once the order is confirmed, the Buyer will be redirected to Paypal Website where the payment can be made through the account, using a credit card, or using one of the payment methods accepted by Paypal (respecting the terms and conditions).
Bank transfer – The Buyer should make the wire transfer within 5 working days from the order. In case of delay, the order will be canceled.
The Buyer who has not made the bank transfer may be contacted by the Customer Service to receive support to repeat the payment. In case of payment made by bank transfer, the order is processed once the payment is received. The period to receive the bank transfer is a technical banking time not depending on the Supplier and the latter cannot provide information on the date of delivery before having recorded the receipt of the bank transfer in the accounts.
The IBAN to proceed with the bank transfer will be communicated to the Buyer with the order confirmation and the bank transfer must explicitly indicate the order number, which can be found in the confirmation email (e.g. order no. 123456).
Credit card data are handled directly by BNP PARIBAS “Axepta SpA”, specialized in on-line payments; Paypal’s data are managed directly by Paypal. The information are encrypted through an encryption system that prevents an improper use by third parties and are directly sent to the bank. The Supplier will reserve the right to check directly with the Bank or Paypal the authenticity of the ownership in case of issues. In case of refund, if the Buyer is entitled to it, it will be credited through a payment reversal with credit card, Paypal or bank transfer within 30 days from the date in which the right to refund is accrued.
The refund will be made using the same payment methods of the order.
4) DELIVERY TIME AND METHODS
The Supplier will deliver the products ordered via UPS courier or, where it is necessary, through other couriers.
Made exception for unforeseeable circumstances and force majeure, the products will be delivered in Italy within 5 (five) working days starting from the first business day following the confirm of the order to the Client via email.
5) SHIPPING CHARGES AND DELIVERY
The Supplier ships with DDP (Delivery Duty Paid) type of shipment hence the products will be delivered without further charges.
6) PRICES
The prices indicated for the products displayed on this Website are considered a public offer pursuant to art. 1336 of the Civil Code and shall be understood as inclusive of VAT and other taxes. All delivery costs are indicated and calculated in the purchase process before the payment of the order from the Buyer and they are also displayed on the webpage with the order summary.
The prices indicated for each of the products are effective till the order is made and are displayed in the order summary. In view of this, prices and conditions could be modified by the Supplier in any moment: the Buyer will receive a confirm in the order summary.
7) DISPONIBILITÀ DEI PRODOTTI
The Supplier guarantees through the electronic system to process the order within the terms established in the contract made exception for unforeseeable circumstances and force majeure.
In case of products shortage, the Customer Service will inform promptly the Buyer providing additional information on how to proceed.
8) LIMITATIONS OF LIABILITY
The Supplier is not responsible for disservices due to force majeure or failures connected to the internet network for causes not under the control of the Supplier or its sub-Contractors.
The Supplier will not be responsible towards the Buyer, made exception for willful misconduct or gross negligence.
The Supplier will not be held responsible for damages, losses and costs suffered by the Buyer because of the non-execution of the contract for reasons not attributable to the Supplier. The Buyer has the right to reimbursed of the amount paid.
The Supplier is not assuming any liability for illegal and fraudulent use of the credit card made by third parties purchasing the products, if it is demonstrable that all cautions have been taken at the moment of the payment.
10) BUYER’S OBLIGATIONS
The Buyer accepts to pay the sale price according to terms agreed in the Contract. The Buyer undertakes, once the purchase process concluded, to print and store the document containing the data of the order. The Buyer confirms having read and accepted all the information provided in the contract, which are always available in the specific section of the website.
11) CONTRACT STORAGE
Pursuant to art. 12 D.lgs 70/03, the Supplier inform the Buyer that all the order transmitted to MAIMMOBILIARE SRL are stored on a server which his hosting the website respecting all precautions connected to safety and privacy.
12) QUERIES AND COMPLAINTS
In the registration form, the Buyer indicates the residence or domicile, telephone number and the email address where the communications of the Supplier have to be addressed.
Within 14 (fourteen) working days from the date of receiving the products the Client may file a complaint describing the issues.
All communications and complaints must be addressed to MAIMMOBILIARE SRL. and sent via email maimmobiliare@postalegalecertificata.it or via return receipt letter addressed to: – MAIMMOBILIARE SRL with registered office in Cosenza Via Piave n.36.
Should the goods be damaged and not complaint with the products purchased and received, the Supplier may require a picture as proof of discrepancy. If, following verification of the photographic evidence, the non-compliance is confirmed, the Supplier will reimburse the Buyer of the exact amount paid by the Buyer. If the refund is partial and does not concern the entire order, any shipping costs paid by the customer will not be refunded.
The Supplier, with the consent of the Buyer, may propose to delivery the product purchased or to issue a promotional code valid for the Supplier’s website.
The Supplier has the right to reject a complaint in the following cases:
-wrong address, incomplete or unsuitable (according to the data provided by the Client) or if is not clear the recipient’s address to the shipper (for example house number or name and surname in the doorbell). The information provided for the order bind the Buyer. In case of error of the Buyer, the Supplier will be not considered responsible if the goods are not delivered due to the mistake.
The Customer Service will contact (also via email as unique contact) the Buyer and the latter has to answer within 24 hours;
-Delivery failure due to the absence of the recipient. The Customer Care will contact you (even exclusively via email) and the Buyer should answer within 24 hours;
-Absence of pictures related to non-conforming items.
-Modification of the address beyond the deadline of 2 hours from the order or modification of the address done by the Buyer and not communicated to the Supplier.
The Supplier makes use of the possibility to reject the order of the Buyers who have done 2 undelivered orders.
13) DISPUTES RESOLUTION AND APPLICABLE LAW
The Contract stipulated between the Buyer and MAIMMOBILIARE SRL shall be governed by Italian Law. Should a dispute arise for the interpretation, execution or termination of the Terms and conditions or for a specific order, if the Buyer is consumer according to the Consumer Code, it shall be submitted to the jurisdiction of the Courts in the town where the consumer has the residence or domicile if both are in Italy. In all the other cases, the competent Court is in Cosenza, all the other jurisdictions are excluded.
14) CONTRACT DURATION AND EFFICACY
By placing the order, the Buyer accepts the general terms and conditions: they can be modified or updated directly with the publication on the Website. The modifications or updates will be valid and effective for the orders which have not been processed and in all the cases in which it is not still available the order summary.
15) RIGHT TO CANCEL
The Buyer may withdraw from the purchase agreement stipulated with the Supplier, without need for an explanation and without incurring in any penalty, within 14 days from the date of receiving the products purchased on www.ilmorofood.it
In order to exercise the right to cancel, the Buyer should use the form (in compliance to the form regulated by article 49, point 4, of the consumer code) and send it properly filled to the email address maimmobiliare@postalegalecertificata.it or sending to the Buyer a declaration according to which is explicit the will to exercise the right to cancel.
After exercising the right to cancel, the Buyer must return the products to the Supplier within 14 days from the date on which he communicated to the Supplier his decision to withdraw from the contract. The costs of returning the goods will be (deemed) to be borne by the Buyer, as well as (also) the responsibility in case of loss or damage to the products during transport.
The right to cancel, in addition to compliance with the terms and methods described above, is understood to be exercised correctly if the following conditions are also met:
– Transmission of the return form or other explicit declaration of one’s intention to withdraw from the contract within the terms provided for in these terms and conditions;
– Products must be returned in their original packaging, intact and sealed, and must not be damaged.
If the right of withdrawal is exercised in the manner provided, the Supplier will make the necessary checks relating to the conformity of the returned products and refund the amounts due within 14 days from the date on which the Supplier has returned to possession of the products;
The Supplier refunds will be made using the same payment method used by the Buyer for the purchase of the returned products, unless otherwise agreed between the parties.
If the methods and terms for exercising the right of withdrawal are not respected, the Buyer will not be entitled to a refund of the amounts already paid to the Supplier.
The law applies to the Product purchased in its entirety; therefore if the Product is composed of several components or parts it is not possible to exercise the withdrawal only on part of the purchased Product.
The Right to cancel is also excluded (only for buyers who are not consumers or requiring the invoice) in the following cases according to 59 D.Lgs 21/2014:
-Order of customized items or tailor-made;
-Order of perishable items;
-Order of sealed products which cannot be returned for hygienic reasons or for reasons connected to health protection or opened after the delivery.
In reference to the cases excluded by the right to cancel mentioned above, the Buyer accepts that the perishable products include food items (wines, alcoholics, beverage) due to deterioration of the products after inappropriate storage. For purposes connected to consumer protection and hygienic reasons, the right to cancel is applicable uniquely to products purchased from the website which can be returned to the Supplier and commercialized without health hazards for the consumers.
For all the cases exempted by the right to cancel, the Supplier will return the products charging the Buyer for the delivery expenses.
The Buyer shall return free complementary items if included in the order (for example in case of promotional campaigns). The complementary products gifted shall be returned following the same conditions expressed above.
16) PRODUCT INFORMATION
Information and characteristics related to the products are available on the website with their product codes.
The products listed on the Website are corresponding normally to the visual representation displayed in the products description card. The purpose of the product image is the presentation to sell the items and may not be perfectly representative of the characteristics and quality, and they also may differ for colors, dimensions and ornamental elements (e.g. labels and ribbons). Should the product differ from the representation and the product information card, shall always prevail the product information card.
The Buyer, concluding the purchase process, confirms having read ingredients and allergens.
17) INVOICING PROCESS
In case of purchase made by a VAT subject, it will be possible to request an invoice by selecting the appropriate box during the order process, entering the billing data including tax code or VAT number. In this case the invoice will be sent via email to the address indicated. The buyer is responsible for correctly entering the billing information and is expressly informed that, in the event of failure to request the invoice during the order, it will not be possible to require it later.