Terms and Conditions
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" (hereafter, the "Site") in compliance with the Italian regulation as per Legislative Decree 206/2005 and subsequent modifications and integrations (hereafter, "Consumer Code"). The seller 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 to the Companies' Register of Monza and Brianza n. Mb- 2554487, - E-mail address: [email protected] (hereinafter "The Mannarino"). The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these General Terms and Conditions, which have been made available to him/her on the Site and which can be consulted at any time by the Customer also through the link contained in the confirmation email of each order to allow him/her to reproduce and save them. In the event that the person making purchases on the Website requires an invoice to be issued and/or is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the withdrawal rules set out in art. 7 and 8 of these General Terms and Conditions or, more generally, the provisions that under the same Consumer Code apply only to "consumers" will 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 referred to as "Product" or "Products") are shown on the page relating to each Product. In order to purchase 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 invoicing data, select the desired payment method and confirm the order. By sending the order from the Website, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided to him/her during the purchase procedure and to fully accept these General Terms and Conditions and the transcribed payment terms. 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, 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 term, the order will be put into processing for shipment and no more changes will be accepted, without prejudice to the Customer's rights as per 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 have the right to reply to confirm the shipment of any further 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. Should some Products not be 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 The 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. - Delivery in Milan: Throughout the city of Milan delivery is free 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 Invoicing5.1 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 payment with his/her account or using a card, even a prepaid one, or in any event according to the methods accepted by PayPal and in compliance with its conditions. - Credit Card through PayPal circuit The circuits on which it is possible to purchase within the Site through the PayPal circuit are: Visa / Visa Electron / Mastercard American Express In order to guarantee maximum security, the Customer shall make the payment transaction directly on PayPal systems. The Site does not memorise the Customer's credit card number, but thanks to the protected communication system, from the second charge, the Customer who so wishes - by selecting the appropriate option - will be able to proceed with the purchase without entering his or her 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 The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the "Shipping Information" 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 shall not be liable for delays that cannot be foreseen or attributed to it. In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products shall be delivered within 48 (forty-eight) working hours starting from the day after the day in which Il Mannarino confirmed the order to the Customer via an order confirmation email. - Active delivery services in Italy: COURIER The service involves 2 delivery attempts at the address indicated at the time of the order. 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 Article 59 of Legislative Decree 21/2014 because - the Products are tailor-made and clearly customised;
- Products offered by Il Mannarino are liable to deteriorate or expire rapidly; - sealed Products are not suitable to be returned for hygienic or health protection reasons if they have been opened after delivery. However, Il Mannarino srl grants the Customer the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within 4 hours after 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 will refund the customer the full amount of the goods subject to withdrawal, including shipping costs where applicable, within 14 days from the date the withdrawal notice 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 case 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 shall apply to the sale of Products. The Customer has the right, at his/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 price reduction or to the termination of the contract. In the event of meat that is not to the customer's liking, the customer shall be requested to keep the product raw. In the event of a faulty or corked wine, the Customer is requested to keep the bottle with at least 2/3 of its contents and its original cork original cork and to report the alleged non-conformity to Customer Service. Mannarino srl will intervene as soon as possible by arranging a free collection in order to carry out a thorough check and propose the most suitable solution, including refund or replacement of the product. The Customer loses 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 for meat and perishable products, and 2 months in 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 responsible, except in case of malice or gross negligence. Mannarino srl reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Consumer Code. Except in cases of fraud or gross negligence, any right of the Customer to damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, 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 malice 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 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 individual purchase orders if the Customer is a consumer pursuant to 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. *** Pursuant to Article 1341 of the Italian Civil Code, the Customer declares having read and specifically accepted the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors - exclusions of liability).