GENERAL TERMS AND CONDITIONS OF USE - FOSS MARAI S.R.L. UNIPERSONALE
1. PREMISES AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
These general conditions of contract (hereinafter also "General Conditions") govern the offer by:
FOSS MARAI S.R.L. UNIPERSONALE registered office in Via Prade, 12 CAP 31049 Valdobbiadene Treviso Italy, Tax Code. and VAT number: 03783210267 N. 298215 R.E.A. Treviso Excise Code IT00TVV00543B e-mail firstname.lastname@example.org, email@example.com
of products on www.fossmaraishop.com (hereinafter also "Site"). The General Conditions must be accepted by the User when registering on the Site, in order to be able to take advantage of the offers made therein and to proceed with the purchase of products. FOSS MARAI S.R.L. UNIPERSONALE reserves the right to modify the General Conditions at any time in whole or in part, by notifying Users via the Site with at least 30 days notice, if the methods of use of the products and services offered have changed. Users are therefore required to periodically consult this page, in order to always be informed about the conditions applied. It is understood that the use of the Site subsequent to such changes implies the tacit acceptance of the same.
2. SITE OWNERSHIP - TYPE OF OFFERS
The site is owned by FOSS MARAI S.R.L. UNIPERSONALE registered office in Via Prade, 12 CAP 31049 Valdobbiadene Treviso Italy, Tax Code. and VAT number: 03783210267, N. 298215 R.E.A. Treviso, Excise Code IT00TVV00543B e-mail firstname.lastname@example.org, email@example.com
The products can be sold either through a permanent catalog or through "flash-deal" formulas or promotions that provide for product availability subject to quantity and / or time limits. The product offer relates to the food, spirits and accessories categories (wines, sparkling wines, rum, grappas, other spirits, coffee, packaged products such as sauces, honey, canned meats and other food products and accessories for preparation, consumption or storage of food).
Following a purchase transaction, FOSS MARAI S.R.L. UNIPERSONALE, will issue the User with an order confirmation and indication, and will ship the goods.
3. SITE REGISTRATION
The Site is aimed exclusively at Users who have reached the age of 18. The navigation and use of the services offered on the Site are made accessible after the registration procedure. Registration is free. Users who register on the Site must provide some personal data and follow all the steps from the procedure (hereinafter also "Complete Registration"). At the time of complete registration, the User will be asked to choose a Username and Password, which the User undertakes not to transfer even temporarily to third parties and to keep with due care, diligence, and secrecy under his own responsibility, constituting such credentials. the only means to identify the User and to validate his access to the offers. The User is therefore informed that all the acts performed through the use of these credentials will be attributed to him and will have binding effect towards him.
The User is required to immediately inform FOSS MARAI S.R.L. UNIPERSONALE of any unauthorized or improper use of your login credentials or to report any violations by third parties. If FOSS MARAI S.R.L. UNIPERSONALE findings of violations may at its discretion inhibit access, permanently delete the information contained therein or refuse the opening of new Accounts by the same User. At any time, the User can update and / or modify or request the cancellation of the information released during registration. In the event of a cancellation request, however, FOSS MARAI S.R.L. UNIPERSONALE may temporarily keep, in whole or in part, such information, for the sole purpose of executing any purchases made and / or being able to conclude the accounting and tax procedures.
Complete Registration is necessary to proceed with the purchase of products and to access summary information relating to the activities performed by the User on the site (also "Account").
Partial Registration on the Site is also permitted (hereinafter also "Partial Registration"), by entering only the user's email address. Partial Registration only allows the user to receive the newsletter, and not to proceed with the purchase of products and / or services, or in any case to carry out other operations on the Site.
4. CONDITIONS OF THE OFFER
Subject of the offers of FOSS MARAI S.R.L. UNIPERSONALE is the purchase of goods at the prices indicated on the Website at www.fossmaraishop.com.
FOSS MARAI S.R.L. UNIPERSONALE reserves the right not to process orders from subjects other than the "consumer" in accordance with its commercial policy. In any case, FOSS MARAI S.R.L. UNIPERSONALE does not sell alcohol to anyone under the age of 18. By sending the orders, the consumer guarantees that the ordering subject and, if different, the recipient of the goods are both over 18 years of age. Prices are expressed in Euros and are inclusive of VAT. The shipping costs of the goods can be of a fixed or variable amount, calculated based on the weight, the number of items selected and / or the destination address of the goods. Shipping costs can also be included in the sale price of some items or be free if the total amount of the order exceeds 60 euros. In any case, the User is always informed of the amount of the shipping costs before concluding the purchase procedure and making the payment.
The images accompanying the information sheets of a product or an offer may not be perfectly representative of its characteristics but differ in color, size and accessory products shown in the figure. All purchase support information is intended as simple generic information material, therefore not referable to the real characteristics of a single offer.
The validity of the offers may be subject to quantitative or temporal limitations, after which they may no longer be available. The validity date and / or the available quantity of the offers are shown on the Site in such a way as to allow the User to become aware of them. FOSS MARAI S.R.L. UNIPERSONALE may change the duration or quantity of an offer at any time and at its discretion, it being understood that it will follow up on orders placed during the validity of a specific offer. An offer may be published several times over time. In some cases it is possible that the availability of an asset ends at a time after the purchase: in these cases FOSS MARAI S.R.L. UNIPERSONALE, if the conditions are met, will reimburse the User. It is also possible that for some offers of goods a specific variant is not guaranteed and the User will be required to specify one or more preferences at the time of purchase: in such circumstances, the User is aware that he may receive a different product variant than to the one chosen during the purchase phase.
In the case of promotional sales or through flash-deal formulas as specified above, the full price indicated in the offer ("strikethrough price") and against which the discount that FOSS MARAI S.R.L. UNIPERSONALE applies may correspond to:
(i) at the public list price
The methods of calculating the Strikethrough Price vary from product to product.
FOSS MARAI S.R.L. UNIPERSONALE may also provide a monthly subscription service ("Subscription Service"), ie on an ongoing basis and following a request for activation of the service by the User and until the User requests deactivation. The service provides, against the payment by the User of a fee indicated on the Site, the supply and relative delivery of wine and / or products selected by FOSS MARAI S.R.L. UNIPERSONALE at its sole discretion among those provided in the catalog.
5. PURCHASE PROCEDURE AND PAYMENT METHOD
Having acknowledged the conditions of the offer, the User can complete the purchase by following the procedure on the Site.
Before finalizing the purchase, a summary will be displayed which will indicate the unit cost of the selected item and the total, in case of purchase of multiple quantities of the same item or of different items. The cost of any shipping, delivery or postal charges can be fixed or variable, calculated based on the weight of the goods, the number of items selected and / or the destination address indicated by the User during the purchase process. Shipping costs may also be included in the sale price of some items or be free if the total amount of the order exceeds 60 Euros. In any case, the User is always informed of the amount of the shipping costs before concluding the purchase procedure and making the payment. Once the purchase has been completed, the User must proceed with the payment, which will be made to FOSS MARAI S.R.L. UNIPERSONALE
Following successful payment, the User will receive a confirmation email containing information relating to the offer purchased. The email will also contain a reference to these General Terms and Conditions. The confirmation will contain a summary of the delivery and billing address. The shipment of the goods takes place within the times indicated in the order confirmation. In the case of timed offers (flash-deals), the goods may be sent to the User after the expiry of the same. In the absence of the confirmation email, the purchase cannot be considered validly concluded. In this case, if the amount of the missed purchase should be erroneously charged to the User, the same will be required to promptly notify FOSS MARAI S.R.L. UNIPERSONALE, by sending an email to firstname.lastname@example.org, in order to allow FOSS MARAI S.R.L. UNIPERSONALE to verify what happened and in case to proceed with the reimbursement of the amount paid.
The accepted payment methods, unless otherwise specified or agreed with the User, are: credit card, prepaid cards, PayPal card, with PayPal account FOSS MARAI S.R.L. UNIPERSONALE. Unless otherwise specified in the terms of the offer, the amount due will be debited upon confirmation of payment.
In the case of Subscription Service, the User authorizes FOSS MARAI S.R.L. UNIPERSONALE to proceed with the periodic debit of the amount on the credit or prepaid card. In this regard, the User declares and guarantees the availability of the sum necessary for the payment of the consideration. If the User realizes that he has provided incorrect and / or incomplete information about his personal details or the shipping address of the goods, it is necessary that he communicate it promptly and within the terms of order fulfillment, by sending an email to the address email@example.com.
In all cases, the User is solely responsible for any indication of incorrect and / or incomplete general information or delivery address, with the consequent possibility of losing the sum paid if the goods are delivered to strangers.
6. SECURITY IN TRANSACTIONS
FOSS MARAI S.R.L. UNIPERSONALE is very attentive to the safety of its Users. FOSS MARAI S.R.L. UNIPERSONALE does not process and does not store payment document data (e.g. credit card numbers), which are processed by the relevant payment service providers. The actual payment takes place after having transferred the User to a protected and encrypted page of the banking service (PayPal Pro). Only after the transaction has taken place, the banking service provider communicates to FOSS MARAI S.R.L. UNIPERSONALE the outcome of the payment, without providing any information regarding the credit card used. For this reason, FOSS MARAI S.R.L. UNIPERSONALE has no power over any refusal of the credit card used for payment. FOSS MARAI S.R.L.
UNIPERSONALE cannot therefore be held responsible in any way for direct or indirect consequences deriving from the use of the credit card by the user to pay for the products and / or services purchased.
Browsing on FOSS MARAI S.R.L. UNIPERSONALE is protected and encrypted with a "128/256-bit Extended Validation SSL" security certificate, issued by Symantec following a precise and constant process of verifying the authenticity of the company's personal information and domain ownership. It is also possible to verify the authenticity of the certificate and its ownership by clicking in the appropriate protection section of the browser in use, generally next to the address bar, on the page title or on the status bar.
FOSS MARAI S.R.L. UNIPERSONALE could issue discount codes (from now on also "Vouchers") that the User can use when purchasing the products. Vouchers are issued in the form of an alphanumeric code and their value (in euros) is established unquestionably and at its total discretion by FOSS MARAI S.R.L. UNIPERSONALE.
The Voucher can be entered by the User in the appropriate "Voucher" field when entering the order. The voucher entered in this way will be automatically deducted from the total amount of the order before payment, excluding any shipping costs. Vouchers with a percentage discount are not applied to products already in promotion. Vouchers are generally usable by the user for a limited period of time, after which they will no longer be usable. The Voucher may be subject to a minimum amount of expenditure under which it will not be possible to use it. Unless otherwise specified, the Voucher is personal and linked to the User's Account and can be used for a single purchase, after which it will be automatically invalidated. The Vouchers cannot be sold, sold and / or transferred to third parties except with the express authorization of FOSS MARAI S.R.L. UNIPERSONALE.
FOSS MARAI S.R.L. UNIPERSONALE reserves the right to cancel any previously issued Voucher, even before the expiry date, without having to justify the reason and without the right to indemnity or compensation. FOSS MARAI S.R.L. UNIPERSONALE could also issue Vouchers in favor of Users who will invite acquaintances, friends and family members to view the offers on the Site and to register on it. To carry out this procedure, the Site provides some features such as "Recommend to a friend", "Send an offer email", "Share on Facebook", "Twitter", other social networks etc.
For each new guest who purchases an offer within a certain time period, FOSS MARAI S.R.L. UNIPERSONALE may grant the User a Voucher, of the value determined from time to time at the discretion of FOSS MARAI S.R.L. UNIPERSONALE, to be used on your Account for a subsequent purchase. FOSS MARAI S.R.L. UNIPERSONALE reserves the right to delete the Vouchers issued in favor of users who make an improper use, without notice and without the right to indemnity or compensation.
8. SHIPPING AND DELIVERY
FOSS MARAI S.R.L. UNIPERSONALE and its possible Partners accept orders with delivery exclusively on the Italian territory, including the islands, with the exception of San Marino, Vatican City, Livigno and Campione d'Italia. The shipment of the goods takes place within the maximum time indicated in the conditions of the offer and, for timed offers (flash-deal), starting from the end of the same and reported in the purchase confirmation. In any case, FOSS MARAI S.R.L. UNIPERSONALE, unless otherwise specified on the product sheet, undertakes to deliver the goods within 10 working days from the date of the order. In the unlikely event that the goods become unavailable for any reason after receiving the order, a refund of any payment received will be issued, at no cost to the User. The User can be informed by email of the moment in which the product is shipped by FOSS MARAI S.R.L. UNIPERSONALE
The User will be notified, if available, the name of the courier and the tracking code of the shipment (Waybill or "Tracking"), through which it will be possible to follow the status. This information, if available, will also be visible within the User Account. FOSS MARAI S.R.L. UNIPERSONALE cannot guarantee that multiple products purchased at the same time are delivered with a single shipment, nor that any different shipments arrive at their destination at the same time. The offers, in fact, may refer to products supplied by different Partners and / or not come from a single centralized warehouse. It is not possible to guarantee a precise date or time of delivery as this depends on the courier, the destination address and the person in charge of delivery. FOSS MARAI S.R.L. UNIPERSONALE cannot therefore be held responsible for any direct or indirect consequence deriving from these times. The delivery of the order is intended, unless otherwise specified during the purchase process, on the street level.
In the case of shipping bottles, FOSS MARAI S.R.L. UNIPERSONALE uses patented packaging approved by the courier, designed to guarantee the integrity of the product. In any case, upon delivery of the goods by the courier, the user will be required to verify that the packaging is intact, not damaged, or otherwise altered, including the sealing materials (adhesive tape or strapping) or that there are no liquid leaks. Any damage to the packaging and / or to the product must be immediately contested by the User, placing a written reservation of control (and specifying the reason for the reservation, eg. "Punched packaging", "Crushed packaging", etc.) on the document of courier delivery. Once this document has been signed, the User will no longer be able to make any objection about the characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 3 days of delivery, by writing an email to: firstname.lastname@example.org.
In case of non-delivery of the goods within the indicated times, the User will be required to notify FOSS MARAI S.R.L. UNIPERSONALE, who will check with the courier, the status of the shipment and any anomaly. Following a shipping anomaly (for example a package lost or destroyed during transport), FOSS MARAI S.R.L. UNIPERSONALE will carry out a new shipment of the product, compatibly with its availability in stock, without further costs or burdens for the user, or to refund the order in full in case of non-availability.
9. PRODUCT CONFORMITY GUARANTEE
The User is also aware that the images used on the site can sometimes only be indicative of the product and not always faithfully represent the product delivered. FOSS MARAI S.R.L. UNIPERSONALE will be directly responsible for the conformity of the products under warranty. In the event of products that are found to be non-compliant, the User will contact FOSS MARAI S.R.L. UNIPERSONALE by sending an email to: email@example.com. FOSS MARAI S.R.L. UNIPERSONALE will contact the user and will check the case and, in the event of a defect, collect the product and replace it or proceed with the refund by crediting the security originally used for payment or by issuing a Voucher for the amount. equal to the amount of the purchased product. In any case, the legal guarantee is reserved for consumers or for those who have made a purchase on FOSS MARAI S.R.L. UNIPERSONALE for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
The User who requests a service for purposes unrelated to his professional activity has the right to withdraw from the purchase contract concluded with FOSS MARAI S.R.L. UNIPERSONALE or with the Partner without any penalty and without having to provide any reasons, within 14 working days pursuant to and for the purposes of art. 52 paragraph 1 of the Consumer Code, which run from the day of receipt of the product purchased on FOSS MARAI S.R.L. UNIPERSONALE. The withdrawal may be exercised by the customer, pursuant to art. 54 paragraph 1 of the Consumer Code, using the withdrawal form referred to in Annex I, part B of the Consumer Code or using the one available at the link: www.fossmaraishop.com/it/my-account-resi.php or by submitting a any other explicit declaration of your decision to withdraw from the contract, to be sent or by letter with return receipt, to Foss Marai SRL UNIPERSONALE, Via Prade, 12 Cap 31049 Valdobbiadene TV, ITALY or by email at firstname.lastname@example.org or by fax at +39 0423 900560. The return letter, email or fax must contain the indication of the product and the order number. The burden of proof and delivery costs relating to the correct exercise of the right of withdrawal, in accordance with the procedure indicated above, is borne by the User.
Following the correct exercise of the withdrawal, unless FOSS MARAI S.R.L. UNIPERSONALE do not collect the goods directly, the User will have the burden of returning the goods without undue delay and in any case within 14 days from the date on which the User communicated to FOSS MARAI S.R.L. UNIPERSONALE his decision to withdraw from the contract pursuant to art. 54, c. 4. The User must visibly apply the document received from FOSS MARAI S.R.L. on the packaging. UNIPERSONALE following the aforementioned withdrawal notice, which already indicates the shipping address and the details relating to the order necessary to identify the return at destination. The User is advised to insert a copy of this document also inside the packaging, in order to avoid its loss or the impossibility of identifying the return once it has arrived in the warehouse. The relative shipping costs of the goods will be borne by the User, except in the case in which FOSS MARAI S.R.L. UNIPERSONALE has not informed the same about it at the time of the conclusion of the contract, in accordance with art. 57 paragraph 1 of the Consumer Code.
FOSS MARAI S.R.L. UNIPERSONALE reserves the right to verify that the good, for which the User is solely responsible pursuant to art. 57 paragraph 2 of the Consumer Code, is in the same state in which it was delivered or that the product has not been altered in its essential and qualitative characteristics and keeps, as far as possible, its original packaging and label. In the event that this is not available, the User will be required to return the product properly packaged, in order to preserve its integrity. FOSS MARAI S.R.L. UNIPERSONALE can refuse to accept a withdrawal for products that have been consumed even partially. Pursuant to art. 59 of the aforementioned Consumer Code, goods made to measure or customized or which, by their nature, cannot be returned or are subject to rapid alteration or deterioration are excluded from the possibility of withdrawal.
11. EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL
In any case, it is understood that the right of withdrawal cannot be exercised by the User after the complete supply of the products by FOSS MARAI S.R.L. UNIPERSONALE if the supply itself began with the express agreement of the User and the latter has accepted to lose the right of withdrawal following the full execution of the service by FOSS MARAI S.R.L. UNIPERSONALE.
In any case, pursuant to art. 59 of the Consumer Code, goods made to measure or customized or which, by their nature, cannot be returned or are subject to rapid alteration or deterioration are excluded from the possibility of withdrawal.
Any disbursement of sums by way of reimbursement by FOSS MARAI S.R.L. UNIPERSONALE, if due, will take place pursuant to Article 56 paragraph 1 of the Consumer Code as soon as possible, and in any case no later than 14 days from the date on which the event that gave rise to the refund occurred and in case of withdrawal, from the day on which the User became aware of the relative exercise. FOSS MARAI S.R.L. UNIPERSONALE will reimburse using the same payment method used by the User for the initial transaction, unless otherwise expressly agreed with the User and provided that the same does not incur any costs as a consequence of using the different payment method. FOSS MARAI S.R.L. UNIPERSONALE will not be required to reimburse delivery costs if the User has expressly chosen a different and more expensive type of delivery than that offered by FOSS MARAI S.R.L. UNIPERSONALE. It is understood that, with the exception of cases in which FOSS MARAI S.R.L. UNIPERSONALE has decided to collect the goods directly, FOSS MARAI S.R.L. UNIPERSONALE may withhold the refund until it has received the goods or until the User has demonstrated that he has returned the goods, whichever occurs first.
13. LIABILITY FOSS MARAI S.R.L. UNIPERSONALE
FOSS MARAI S.R.L. UNIPERSONALE will not be liable for damages that may derive from the use of the Site such as computer viruses, omissions, service interruptions and software failures, even to the detriment of the User's computer equipment, which prevent or delay the provision of services if these are due to external causes, force majeure and / or third parties not dependent on the will of the owner. FOSS MARAI S.R.L. UNIPERSONALE will be responsible only for any defects or discrepancies found in the Sale. In any case, FOSS MARAI S.R.L. UNIPERSONALE cannot in any case be held responsible for delays or defects or discrepancies arising from events beyond its reasonable control such as, by way of example only: (i) events of force majeure; (ii) events dependent on the facts of third parties such as the interruption or malfunction of the services of telecommunications operators and / or power lines, or acts or omissions by carriers or shippers.
14. INDUSTRIAL AND INTELLECTUAL PROPERTY
FOSS MARAI S.R.L. UNIPERSONALE is the owner of all rights relating to the graphic and conceptual content of the Site, as well as its own distinctive signs made visible on it. The reproduction, even partial, of the content and graphics of the Site, as well as of the distinctive signs made visible in the same, is therefore prohibited. FOSS MARAI S.R.L. UNIPERSONALE is also the owner of the website management technological platform.
Any complaint must therefore be addressed to:
FOSS MARAI S.R.L. UNIPERSONALE Via Prade, 12 31049 Valdobbiadene TV
Fax +39 0423 900560
Upon registration, the User may be required to give their consent to the receipt of commercial information, including by sending newsletters. In this case the user will be free to give his consent or not.
17. LINKS TO THIRD PARTY SITES
The Site may contain links, in the form of hyperlinks or banners, to external and third-party websites. FOSS MARAI S.R.L. UNIPERSONALE does not exercise any control over said sites and assumes no responsibility for the accuracy, nature, quality and completeness of the information contained on third party sites. The content of these sites does not represent products, services or information of FOSS MARAI S.R.L. UNIPERSONALE.
18. CONCILIATION PROCEDURE. APPLICABLE LAW AND JURISDICTION
These General Conditions will be governed in every aspect by Italian law. For any dispute concerning the interpretation, execution and / or termination of the contract between the user and FOSS MARAI S.R.L. UNIPERSONALE, the user has the right to carry out the conciliation procedure before the Netcomm Consortium by following the following link: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl The application form must be sent to email@example.com or by fax to the following number: 02.87181126. The conciliation procedure before the Netcomm Consortium will be carried out in accordance with the provisions of article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code). If the conciliation procedure has had a negative outcome, or the user has not completed the conciliation procedure, the Parties may refer to the judicial authorities. To this end, the Parties recognize that the Judge of the place of residence or domicile of the user will be competent, if the same is to be considered a consumer on the basis of the laws in force on the matter. If, on the other hand, the user is a professional, the Court of Treviso will be competent.