General Terms and Conditions
(pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 as amended and supplemented)
1. Introduction and effectiveness of the General Terms and Conditions
These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions") govern the purchase of products and services, made at a distance and made available, via the Internet, from the website www.ilmannarino.it and in particular from the Shop section 'At Your Home' (hereinafter, the 'Site') in compliance with the Italian legislation set out in Legislative Decree 206/2005 as amended and supplemented (hereinafter, the 'Consumer Code').
The vendor of the products and owner of the Site is: il mannarino s.r.l. with registered office in via castelfidardo n. 1, 20900 Monza (MB), C.F/ P.I. and registration at the Register of Companies of Monza and Brianza n. Mb- 2554487, - E-mail address: [email protected] (hereinafter referred to as 'The Mannarino').
The consumer who accesses the Site to make purchases (hereinafter referred to as the 'Customer') is obliged, before sending the order, to carefully read these General Terms and Conditions that have been made available to him/her on the Site and that will be available for consultation at any time by the Customer, including through the link contained in the confirmation email of each order to allow him/her to reproduce and memorise them.
If the person making purchases on the Site requires an invoice to be issued and/or is not a "consumer or user" as defined in Article 3(1)(a) of the Consumer Code, the regulations on withdrawal set out in Articles 7 and 8 of these General Terms and Conditions or, more generally, the provisions that under the Consumer Code apply only to "consumers" shall not apply.
Contracts concluded with Il Mannarino srl through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. Choosing and Ordering Products
The characteristics and price of the various products for sale on the Site (hereinafter 'Product' or
'Products') are shown on the page relating to each Product.
For the purchase of Products, the Customer shall fill in and send the order form in electronic format, following the instructions contained in the Site. The Customer shall add the Product to the "Shopping Cart" and, after having read the General Terms and Conditions and the Privacy Policy and confirmed their acceptance, shall enter the shipping and billing information, if any, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and that he/she fully accepts the transcribed General Terms and Conditions and Payment Conditions.
The contract between Il Mannarino and the Customer shall be deemed concluded upon acceptance of the order by Il Mannarino. Such acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Terms and Conditions, the order number, shipping and billing data, the list of ordered Products with their essential characteristics and the total price, including delivery charges. The Customer shall check the confirmation email and if he/she identifies any errors in the order, he/she shall have 12 hours from receipt of such email to contact Customer Service directly from the Site by using the contact form accessible through the "Support" page or by sending an email communication to the appropriate mailbox [email protected] . After this period, the order will be put into processing for shipment and no further changes will be accepted, without prejudice to the Customer's rights under Article 7 below.
Once the order has been received, Il Mannarino srl will check stock availability to process the order. In case one or more Products are not available, Il Mannarino Customer Service will promptly notify the Customer via email who, within the next 12 hours, will be entitled to reply to confirm the shipment of any additional available Products or cancel it. In case of no reply within such term, the order will be considered confirmed and the available Products will be shipped. If some Products are not in stock, Il Mannarino will process the order with the available Products. In both cases, the amount related to the missing Products will be immediately reversed depending on the payment method chosen.
3. Product Information
Information and characteristics relating to the Products are available, with the relevant Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in colour and size. In the event of a difference between the image and the written product description sheet, the product description sheet shall always prevail.
4. Prices and Shipping
Product prices are inclusive of all taxes and duties. All prices are
expressed in Euro.
- Deliveries in Milan:
In the whole city of Milan delivery is free of charge for orders over 35 €, for lower amounts the cost is 3.50 €.
- Shipping to Monza and Brianza:
In the municipalities of Monza and Brianza delivery is free of charge for orders over 50 €, for lower amounts the cost is 5.00 €.
5. Payment and Invoicing
5.1 Payment Methods
The Customer may pay the price of the Products and the related delivery costs by PayPal (and credit card also on the paypal circuit).
- PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he/she can make the payment with his/her account or using a card, even a prepaid card, or in any case in accordance with the methods accepted by PayPal and in compliance with its conditions.
- Credit Card through PayPal
The circuits on which it is possible to purchase within the Site via the PayPal circuit are: Visa / Visa Electron / Mastercard American Express
In order to ensure maximum security, the customer will make the payment transaction directly on PayPal systems.
The Site does not store the Customer's credit card number, but thanks to the secure communication system, from the second charge, the Customer who so wishes - by selecting the appropriate option - may proceed with the purchase without entering his data again. The relevant credit institute uses the SSL protocol to encrypt the data transmitted between its server and the Customer's browser.
5.2 Invoicing of Orders
If the purchase is made by a professional, it will be possible to request the issue of an invoice by checking the appropriate box during the order process and entering the invoicing data including tax code and/or VAT number. In this case, the invoice will be sent by email to the address indicated. The professional is responsible for the correct entry of the invoice data and is expressly informed that, if the invoice is not requested during the order process, it will not be possible to request it later.
6. Transport and delivery
Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the 'Shipping Data' field.
All purchases will be delivered directly by our network or by express courier (hereinafter, 'Courier') from Monday to Saturday, excluding public holidays and national holidays. Mannarino is not responsible for delays that cannot be foreseen or attributed to it.
In any event, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 48 (forty-eight) hours working days starting from the day after the day on which Il Mannarino confirmed the order to the Customer via order confirmation email.
- Active delivery services in Italy: COURIERE
The service includes 2 delivery attempts at the address indicated at the time of ordering. A notice will be left after each step. After the second unsuccessful delivery attempt, the courier will contact the recipient of the order by telephone on the telephone number provided to arrange delivery. If the courier cannot be reached or is absent, the goods will be returned to the warehouse.
7. Right of Withdrawal
the right of withdrawal is excluded pursuant to Art. 59 of Legislative Decree 21/2014 because:
- Products are tailor-made and clearly customised;
- Products offered by Il Mannarino are liable to deteriorate or expire rapidly;
- Sealed Products are not suitable for return for hygienic or health protection reasons if they have been opened after delivery.
However, Mannarino srl grants the customer the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without penalty, within 4 hours of receiving the confirmation email.
The Customer shall send an email to [email protected] with the subject 'withdrawal and order number'.
The Customer Service of Il Mannarino srl will, once the communication is received, open a file to manage the refund of the amounts already paid.
The right of withdrawal is governed by the following conditions:
I. The right applies to the purchased Product in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the right of withdrawal only on part of the purchased Product.
II. If the right of withdrawal is exercised, Mannarino srl shall refund the customer the full amount of the goods subject to withdrawal, including shipping costs where applicable, within 14 days from the date the notice of withdrawal was received. The refund will be made using the same method of payment used by the Customer, unless the latter has expressly requested a different method. In the event of bank transfer or cash on delivery payment, it shall be the Customer's responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "are liable to deteriorate or expire rapidly" include all foodstuffs.
9. Warranty and Conformity Defects
In the event of conformity defects in Products sold by Il Mannarino srl, the Customer shall immediately contact Customer Services by sending an email to [email protected] or [email protected].
The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at his or her choice and provided that the type of Product allows it, to the restoration, without charge, of the conformity of the Product by means of replacement, or to an appropriate reduction in the price, or to the termination of the contract.
In the case of meat not to the customer's liking, the customer is asked to keep the product raw. In the case of wine that is faulty or smells corked, the customer is asked to keep the bottle with at least 2/3 of its contents and its cork
original and to report the alleged non-conformity to Customer Service. Mannarino srl will intervene as soon as possible by arranging a free pick-up in order to carry out a thorough check and propose the most suitable solution, including refund or replacement of the product.
The customer forfeits these rights if he/she does not report the conformity defect to Il Mannarino srl within 24 hours from the date he/she discovered the defect in the case of meat and perishable products, and within 2 months in the case of non perishable products.
10. Errors and Limitations of Liability
The information on Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which, therefore, Il Mannarino srl cannot be held liable, except in the event of fraud or gross negligence.
Mannarino srl reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these General Terms and Conditions and the Consumer Code.
Except in the event of wilful misconduct or gross negligence, any right of the Customer to compensation for damages or the payment of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property, caused by the non-acceptance or non-fulfilment, even partial, of an order.
Mannarino srl promotes the responsible consumption of alcoholic beverages and excludes any liability, except for fraud or gross negligence, in the case of purchases made by minors under 16 years of age. By purchasing any alcoholic product, you declare to be of age as per art. 7 of DL 158/2012. Mannarino srl shall not be held liable in case of purchase made by minors under 18 years of age who have declared to be of a different age.
11. Complaints
Any complaints must be forwarded to Il Mannarino srl by sending an email to [email protected], or by registered mail with return receipt to the following address:
c.a. Complaints Office
The Mannarino s.r.l.
via Castelfidardo 1
20900 Monza (MB)
Mannarino srl undertakes to respond to all requests received within a maximum of 14 working days.
12. Online consumer dispute resolution (ADR and ODR)
ADR
According to Article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 no. 206 (Consumer Code) the customer may avail himself of the Joint Conciliation Procedure. The Procedure may be initiated if the consumer, after having submitted a complaint to the company within 45 days, has not received a reply or has received a reply that is not satisfactory to him.
The customer who decides to make use of the Joint Conciliation procedure is obliged to send the application to the address Il Mannarino s.r.l. via Castelfidardo no. 1– 20900 Monza (MB)
ODR
Pursuant to Article 14 of Regulation 524/2013 you are hereby informed that in the event of a dispute you may lodge a complaint via the European Union's ODR platform available at the following link http://ec.europa.eu/consumers/odr/. The ODR platform provides an access point for users wishing to resolve disputes arising from online sales or service contracts out of court.
13. Applicable Law and Jurisdiction
The sales contract between the Customer and Il Mannarino srl is concluded in Italy and governed by Italian Law. For the solution of disputes related to the interpretation, execution or termination of these General Terms and Conditions or of single purchase orders if the Customer is a consumer under the Consumer Code, the Court of the Customer's town of residence or domicile shall have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, any other jurisdiction excluded.
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Pursuant to Article 1341 of the Civil Code, the Customer declares having read and specifically accepted the following articles of these General Terms and Conditions: 6 (liability for late delivery), 10 (right to correct errors - exclusions of liability).
