Dear User, Foss Marai eshop ships orders only in Italy.
To be updated on the availability of products abroad, please visit the STORE LOCATOR or fill in the FORM with your data: Foss Marai Customer Care will recall you to give you requested information.
Thank you for your visit.
SALES TERMS AND CONDITIONS
1. CONDITIONS AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of contract (hereinafter “General Terms and Conditions”) regulate the offer on the part of:
FOSS MARAI S.R.L. UNIPERSONALE
with legal headquarters in Via Prade, 12 CAP 31049 Valdobbiadene Treviso Italy,
Fiscal code and VAT code: 03783210267
No. 298215 R.E.A.(Administrative Economic Database) of Treviso
Excise Code IT00TVV00543B
e-mail email@example.com, firstname.lastname@example.org
of products on www.fossmaraishop.com (hereinafter “Website”).
The General Terms and Conditions must be accepted by the User on registration with the Website to be able to take advantage of the offers made therein and to proceed with product purchases.
FOSS MARAI S.R.L. UNIPERSONALE reserves the right to alter, at any time, all or part of the General Terms and Conditions giving Users at least 30 days of advance notification through the Website if there are variations to the methods of use of the products and services offered. Users must therefore periodically consult this page in order to stay informed about the conditions applied. It is understood that the use of the Website following such alterations implies tacit acceptance of the same.
2. OWNER OF THE WEBSITE – TYPE OF OFFERS
The Website is the property of FOSS MARAI S.R.L. UNIPERSONALE
with legal headquarters in Via Prade, 12 CAP 31049 Valdobbiadene Treviso Italy,
Fiscal code e Tax code: 03783210267, No. 298215 R.E.A.(Administrative Economic Database) of Treviso, Excise Code IT00TVV00543B e-mail email@example.com, firstname.lastname@example.org
The products may be sold both via permanent catalogue and through “flash-deal” formulas, in other words, promotions with product availability subject to quantity and/or time limits. The offer of products falls within the categories of foods, alcohols and accessories (wines, sparkling wines, rum, grappa, other spirits, coffee, packaged products such as sauces, honey, tinned meats and other food products and accessories for the preparation, consumption or the conservation of foods).
After a purchase transaction, FOSS MARAI S.R.L. UNIPERSONALE, will issue the User with an order confirmation and will dispatch the goods.
3. REGISTRATION ON THE WEBSITE
The Website is aimed exclusively at Users who are aged over 18. Browsing and use of the services offered within the Website are only accessible after the registration procedure.
Registration is free. Users who register on the Website must supply some personal data and follow all the steps of the procedure (hereinafter “Full Registration”). At the time Full Registration, the User will be asked to choose a Username and a Password that the User undertakes not to divulge, even temporarily, to third parties and takes the responsibility to store with due care, diligence and secrecy, making these credentials the only means for identifying the User and for validating their access to the offers. The User is therefore informed that all the actions carried out using these credentials will be attributed to and will have binding effect on the User.
The User is obliged to immediately inform FOSS MARAI S.R.L. UNIPERSONALE
of any unauthorized or improper use of their access credentials or notify us of any violations by third parties. If FOSS MARAI S.R.L. UNIPERSONALE discovers violations it may, at its own discretion, inhibit access, permanently delete the information contained therein or refuse the opening of new Accounts by the same User.
In any moment the User may update and/or alter or request deletion of the information given during Registration. In the case of requested deletion FOSS MARAI S.R.L. UNIPERSONALE may however temporarily maintain, all or part of such information for the sole purpose of the performance of any purchased made and/or to conclude the accounting and tax procedures.
Full Registration is necessary to be able to proceed with the purchase of products and to access the summarized information relative to the User’s activity on the Website (also “Account”).
Partial Registration on the Website is also permitted (hereinafter “Partial Registration”) when the User only enters a single email address. Partial Registration only allows the User to receive the newsletter, and does not allow the user to proceed to the purchase of products/services or to perform other operations on the Website.
4. CONDITIONS OF THE OFFER
The purpose of the offer of FOSS MARAI S.R.L. UNIPERSONALE is the purchase of goods at the prices indicated on the Website at the address www.fossmaraishop.com.
FOSS MARAI S.R.L. UNIPERSONALE reserves the right not to process orders coming from persons other than the “consumer” in accordance with its commercial policy. In any case FOSS MARAI S.R.L. UNIPERSONALE does not sell alcohol to persons under the age of 18. By sending the orders, the consumer guarantees that the person ordering and, if different, the recipient of the goods are both aged over 18.
Prices are expressed in Euro and are inclusive of Sales Tax. The shipping costs of the goods may be a fixed price or variable, calculated on the basis of weight, number of articles selected and/or destination address of the goods. The shipping costs may also be included in the selling price of some articles or be waived if the total amount of the order exceeds 60 Euro. In any case, the User is always informed of the total cost of shipping before concluding the process of purchase and making payment.
The image supplied on the product information sheets or on an offer may not correspond exactly to the characteristics, but differ in color, product size and product accessories present in the image. All the supporting information for purchase are understood to be simple, generic information material, therefore not referable to the actual characteristics of an individual offer.
The validity of the offers may be subject to quantity or time limitations, when these expire, they may no longer be available. The date of validity and/or quantity available for the offer are indicated on the Website in such a manner so the user may take note of them. FOSS MARAI S.R.L. UNIPERSONALE may alter, at any time and at their discretion, the duration or quantity of an offer, on the understanding that it will follow up on orders placed during the validity of a given offer. An offer may be published more than once over time. In some cases, the availability of an item may cease after the time of purchase: In these cases FOSS MARAI S.R.L. UNIPERSONALE, when the conditions are met, will refund the User. It is also possible that for some offers of goods a specific variant is not guaranteed, and the User will be asked to specify one or more preferences at the time of purchase: In these circumstances the User is aware that he/she may receive a variant of the product different than the one chosen at the time of purchase.
In the case of promotional sales or flash-deal formulas as specified above, the full price indicated in the offer (“Strikethrough price”) and, on which the discount that FOSS MARAI S.R.L. UNIPERSONALE applies, may correspond to:
(i) to the price list to the public
The way the Strikethrough Price is calculated varies from product to product.
FOSS MARAI S.R.L. UNIPERSONALE may also supply a monthly subscription service (“Subscription Service”), or rather, supply in a continuous manner following the request for the activation of the service by the User and up until the moment when the User requests its deactivation. The service, on payment of the fee indicated on the Website by the User, covers the supply and delivery of wine and/or products selected by FOSS MARAI S.R.L. UNIPERSONALE at its complete discretion from among those provided in the catalogue.
5. PURCHASE PROCEDURE AND PAYMENT METHODS
Having taken note of the offers conditions, the user can complete the purchase following the procedure on the Website.
Before the purchase is finalized, a summary is displayed where the unit cost of the selected item is indicated, and the total, if more than one of the same article or different articles have been purchased. Any shipping, delivery or postal costs may be fixed or variable, calculated on the basis of the weight of the goods, the number of articles selected and/or the destination address indicated by the user during the purchase process. The shipping costs may also be included in the selling price of some articles or be waived if the total amount of the order exceeds 60 Euro. In any case, the User is always informed of the total cost of shipping before concluding the process of purchase and making payment.
Once the purchase has been concluded the User must proceed to the payment, which will be made to FOSS MARAI S.R.L. UNIPERSONALE
Following the successful payment, the User will receive a confirmation email containing the information about the offer purchased. The email will also contain a link to these General Terms and Conditions of contract. The confirmation will contain a summary of the delivery address and invoice. The dispatch of the goods will occur within the time indicated in the order confirmation. In the case of a flash-deal, the goods may be sent to the User following the expiry of the same. In the absence of a confirmation email, the purchase cannot be considered to be concluded. In this case, should the amount of the non-purchase be erroneously charged to the User, he/she will be required to promptly notify FOSS MARAI S.R.L. UNIPERSONALE, sending an email to email@example.com, in order to allow FOSS MARAI S.R.L UNIPERSONALE to verify what happened and if the case, refund the amount paid.
The methods of payment accepted, if not specified differently or agreed with the User, are: credit card, prepaid cards, PayPal card, with PayPal account FOSS MARAI S.R.L. UNIPERSONALE.
The sums due are debited, unless specified to the contrary in the terms of the offer, at the moment of payment confirmation.
For the Subscription Service, the User authorizes FOSS MARAI S.R.L. UNIPERSONALE to periodically debit the amount owed on the credit card or prepaid card. In this respect, the User declares and guarantees the availability of the necessary sum for the payment of the amount owed.
If the User realizes that the information provided about his/her details or delivery address for goods is erroneous and/or incomplete, notification must be sent promptly, and before the order is processed, to the email address firstname.lastname@example.org. In all cases the User is solely responsible for any erroneous and/or incomplete details or delivery address, with the consequent possibility of loss of the sum paid if the goods are delivered to unknown persons.
6. TRANSACTION SECURITY
FOSS MARAI S.R.L. UNIPERSONALE is very careful about the security of its Users. FOSS MARAI S.R.L. UNIPERSONALE does not process and does not store payment card data (e.g.: credit card numbers), these are processed by the respective payment service providers. The actual payment occurs after transferring the User onto a secure and encrypted page of the banking service (PayPal Pro). Only after payment has occurred, the banking service provider informs FOSS MARAI S.R.L. UNIPERSONALE of the payment outcome, without supplying any of the information regarding the credit card used. For this reason FOSS MARAI S.R.L. UNIPERSONALE have no power over any refusal of a credit card used for payment. FOSS MARAI S.R.L. UNIPERSONALE therefore cannot be held in any way responsible for the direct or indirect consequences deriving from the use of a credit card by the user to complete payment of products and/or services purchased.
Browsing on FOSS MARAI S.R.L. UNIPERSONALE is protected and encrypted with “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 on the specific protection section of the browser in use, usually beside the address bar, on the head of the page or on the status bar.
FOSS MARAI S.R.L. UNIPERSONALE
may issue discount codes (hereinafter “Voucher”) that the User may use at the moment of purchase of products. Vouchers are issued in alphanumerical code format and their value (in euro) is unquestionably established and at the complete discretion of FOSS MARAI S.R.L. UNIPERSONALE.
The Voucher may be inserted by the User in the specific “Voucher” field when placing the order. The voucher entered in this way will be deducted automatically, and before payment, from the total amount of the order, excluding any delivery costs. Vouchers with percentage discounts are not applicable to products already in promotion. The user can generally take advantage of the vouchers for a limited period of time, once expired they can no longer be used. The Voucher may be subject to a minimum expenditure, below which their use will not be possible. Unless otherwise specified, the Voucher is personal and tied to the User’s Account and may be used for a single purchase, after which it will be automatically invalidated. Vouchers cannot be sold, given 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 void any Voucher previously issued, even before expiry, without the obligation to justify the reason and without the right to indemnity or compensation. FOSS MARAI S.R.L. UNIPERSONALE may also issue Vouchers in favor of Users who invite acquaintances, friends and family to view the Website offers and register themselves on the same. To carry out this procedure, the Website features some functions such as “Recommend to a friend”, “Send email of an offer”, “Share on Facebook”, “Twitter”, other social media networks etc.
For each newly invited user who purchases an offer within a specific period of time, FOSS MARAI S.R.L. UNIPERSONALE may reward the User with a Voucher of a value decided from time to time at the discretion of FOSS MARAI S.R.L UNIPERSONALE, to use on his/her Account for a subsequent purchase. FOSS MARAI S.R.L. UNIPERSONALE reserves the right to eliminate the vouchers issued to Users who use them improperly, without any warning and without the right to indemnity or compensation.
8. SHIPPING AND DELIVERY
FOSS MARAI S.R.L. UNIPERSONALE and any of its partners only accept orders for delivery within Italian territories, including islands, with the exception of San Marino, the Vatican City, Livigno and Campione d'Italia. The shipping of the goods occurs within the maximum time limit indicated in the conditions of the offer and for timed offers (flash-deals), starting from the end of the offer and shown in the purchase confirmation. In any case FOSS MARAI S.R.L. UNIPERSONALE, if not otherwise specified on the product information sheet, undertakes to deliver the goods within 10 working days from the date of the order. In the unlikely event in which the goods should become unavailable for whatever reason after receipt of the order, a refund of any payment received will be issued, without charge to the User. The User will be informed via email when the product is dispatched by FOSS MARAI S.R.L. UNIPERSONALE
The User will be informed, if available, of the name of the courier and the shipment’s tracking number (waybill or “tracking”), through which shipping status can be followed. This information, if available, will also be visible within the User’s Account.
FOSS MARAI S.R.L. UNIPERSONALE cannot guarantee that several products purchased at the same time will all be delivered in a single consignment, nor that the separate shipments will arrive at the destination at the same time. The offers, in fact, may refer to products supplied by several Partners and/or not come from a single centralized warehouse. It is not possible to guarantee a date or precise delivery time as this depends on the courier, the destination address and the person responsible for the delivery. FOSS MARAI S.R.L. UNIPERSONALE therefore, cannot be held responsible for any direct or indirect consequences deriving from these timings. Unless otherwise specified during the purchase process, the delivery of goods ordered is intended to take place at street level.
In the case of bottles being delivered FOSS MARAI S.R.L. UNIPERSONALE uses patented courier-approved packaging, designed to guarantee the integrity of the product. In any case, at the time goods are delivered by the courier, the users will be required to check that the packaging is intact and undamaged or if it has been otherwise altered, even checking the sealing materials (adhesive tape or straps) or that no liquid is seen to be leaking. Any damage to the packaging and/or product must be immediately contested by the user, notifying that goods are subject to inspection (and specifying the reasons, for example “packaging pierced”, “packaging squashed”, etc.) on the courier’s delivery slip. Once this document has been signed, the User can no longer make any objections about the characteristics of the goods delivered. Any problem inherent in the physical integrity, correspondence or completeness of the products received must be notified within 3 days of delivery, by email to: email@example.com.
In the event of goods not being delivered within the period indicated, the User will be required to notify this to FOSS MARAI S.R.L. UNIPERSONALE, who will check the status of the delivery and any anomaly. Following a shipping anomaly (for example package lost or destroyed during transportation) FOSS MARAI S.R.L. UNIPERSONALE will organize a new delivery of the product, subject to its availability in the warehouse, without further payments or charges for the User, or will fully refund the order in the event unavailability.
9. GUARANTEE OF CONFORMITY OF THE PRODUCT
The User is also aware that the images used on the Website may sometimes only be indicative of the product and not faithful representations of the delivered product. FOSS MARAI S.R.L. UNIPERSONALE will be directly responsible for the conformity of the products under guarantee. In the event that products prove to be non-compliant, the User will contact FOSS MARAI S.R.L. UNIPERSONALE sending an email to: firstname.lastname@example.org. FOSS MARAI S.R.L. UNIPERSONALE will contact the User and carry out specific checks and in the event of a defect will organize collection of the product and a subsequent replacement or will effect a refund via the same payment means used for the purchase, or through the issue of a Voucher equal to the amount of the purchased product. In any case the legal guarantee is reserved for consumers or persons that have made a purchase on FOSS MARAI S.R.L. UNIPERSONALE for purposes unrelated to business, commercial, artisanal or professional activities that may be carried out.
The User who requires a service for purposes unrelated to their business 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 needing to provide a reason, within 14 working days – pursuant to and for the effects of Article 52. paragraph 1 of the Consumer Code – that commence from the date the product purchased on FOSS MARAI S.R.L. UNIPERSONALE was received. The withdrawal may be exercised by the Customer, pursuant to the Article 54, Paragraph 1 of the Consumer Code, using the withdrawal form in the Annex 1, part B of the Consumer Code or else using that available at the link: www.fossmaraishop.com/it/my-account-resi.php or by presenting any other declaration that explicitly states the decision to withdraw from the contract, to mail or send by certified mail with return receipt to Foss Marai S.R.L. UNIPERSONALE, Via Prade, 12 Cap 31049 Valdobbiadene TV, ITALIA or by email to the address email@example.com or else via Fax to the number +39 0423 900560. The letter with return receipt, email or the fax must contain information about the product and the order number. The burden of proof and the return delivery costs relative to the correct exercise of the right of withdrawal, in accordance with the procedure indicated above, are 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 obligation to return the goods without delay and in any case within 14 days from the date in which the User has communicated to FOSS MARAI S.R.L. UNIPERSONALE their decision to withdraw from the contract pursuant to the Article 54, Paragraph 4. The User must attach to the packaging, in a visible manner, the document received from FOSS MARAI S.R.L. UNIPERSONALE following the aforementioned notification of withdrawal, which indicates the delivery address and the details about the order necessary for the identification of the return at its destination. The User is advised to insert a copy of this document even inside the packaging, to avoid loss or inability to identify the return once it is received in the warehouse. The user will meet the relative delivery costs of the goods, except in the case where FOSS MARAI S.R.L. UNIPERSONALE omitted to informed the User about this at the time of the conclusion of the contract, in accordance with Article , Paragraph 1 of the Consumer Code.
FOSS MARAI S.R.L. UNIPERSONALE reserves the right to verify that the goods, of which the User is solely responsible, pursuant to Article 57, Paragraph 2 of the Consumer Code, is in the same state that it was delivered in, or that the product is not altered in its essential and qualitative characteristics and to has, as far as possible, its original packaging and label. If this is not available, the User will be obliged to return the product properly packaged so as to preserve its integrity. FOSS MARAI S.R.L. UNIPERSONALE may refuse to accept a withdrawal for the products that may have been consumed, even partially. Pursuant to the Article 59 of the aforementioned Consumer Code, excluded from possibility of withdrawal are goods made to order or customized or, that due to their nature, cannot be sent back or are subject to rapid alteration or deterioration.
11. EXCEPTIONS OF 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 was commenced with the express agreement by the user who accepted to waive the right of withdrawal following the full performance of the service by FOSS MARAI S.R.L. UNIPERSONALE.
In any case, pursuant to Article 59 of the Consumer Code, excluded from possibility of withdrawal are goods made to order or customized or, that due to their nature, cannot be sent back or are subject to rapid alteration or deterioration.
Any payment of the sums by way of reimbursement by FOSS MARAI S.R.L. UNIPERSONALE, if due, will occur pursuant to Article 56, Paragraph 1 of the Consumer Code in the shortest time possible, and not later than 14 days from the date in which the event which gave rise to the refund occurred and in the case of withdrawal, from the day in which it became aware of the relative exercise of rights by the User. FOSS MARAI S.R.L. UNIPERSONALE will carry out the refund using the same method of payment employed by the User for the initial transaction, unless expressly agreed with the User and on the condition that the same does not sustain any cost as a result of using a different method of payment. FOSS MARAI S.R.L. UNIPERSONALE will not be required to refund the delivery costs if the User had 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 exception of the cases where FOSS MARAI S.R.L. UNIPERSONALE has decided to collect the goods directly FOSS MARAI S.R.L. UNIPERSONALE may withhold the refund until the goods have not been received or until the User has demonstrated to have sent back the goods, depending which situation occurs first.
13. LIABILITY FOSS MARAI S.R.L UNIPERSONALE
FOSS MARAI S.R.L. UNIPERSONALE will not be liable for the damage which may arise from the use of the website, such as computer viruses, omissions, interruptions of the service or software malfunctions, even to the detriment of the User's IT equipment, that hinder or delay the provision of the services if these are due to external causes, force majeure and/or third parties beyond the control of the owner.
FOSS MARAI S.R.L. UNIPERSONALE will be only liable for any defects or discrepancies found in the Sale.
In any case FOSS MARAI S.R.L. UNIPERSONALE cannot, in any instance, be held liable for delays and defects or discrepancies that result from events outside its reasonable control, such as: (i) events of force majeure; (ii) events dependent on third parties such as the interruption or malfunction of service by telecommunication 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 owner of all rights relative to the graphic and conceptual content of the Website, as well as of their distinctive traits made visible in it. Therefore, it is forbidden to copy, even partially, the content and graphics of the Website, as it is of the distinctive traits made visible in the same. FOSS MARAI S.R.L. UNIPERSONALE is also owner of the technological platform for management of the Website.
Any complaints must therefore be addressed to:
FOSS MARAI S.R.L. UNIPERSONALE
Via Prade, 12
31049 Valdobbiadene TV
Fax +39 0423 900560
At the time of registration the User's consent may be requested for the receipt of commercial information, even through the sending of a newsletter. In this case, the User is free to give or withhold consent.
Cookies are necessary for the correct functioning of the Website. Cookies are used to obtain information of terminals, operating systems, on the IP address and on the type of browser in use to offer the User the best browsing experience. These are normally statistical data that do not contain any sensitive information. Cookies can be blocked by using the option to deactivate them on your browser or device in use.
More information on cookies are available at the link: www.fossmaraishop.com/it/cookies.php
17. LINKS TO THIRD PARTY WEBSITES
The Website may contain links, in the form of hyperlinks or banners, to external websites and of third parties. FOSS MARAI S.R.L. UNIPERSONALE does not have any control over these websites and assumes no responsibility for the accuracy, nature, quality and completeness of the information contained on third party sites. The content of such sites does not represent products, services or information of FOSS MARAI S.R.L. UNIPERSONALE.
18.CONCILIATION PROCEDURE APPLICABLE LAWS AND COMPETENT COURT<
These General Terms and 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 attempt the procedure of conciliation before the Consorzio Netcomm through the following link:
The request of participation must be sent to the address firstname.lastname@example.org or else via fax to the following number: 02.87181126.
The procedure of conciliation before the Consorzio Netcomm will be carried out according to the regulations provided for in Article 49, Paragraph 1, letter V of the Legislative Decree 6 September 2005 no. 206 (Consumer Code). If the procedure of conciliation has been unsuccessful or the User has not attempted the conciliation procedure, the Parties may bring proceedings before a court. To this end, the Parties recognize that the Competent Judge will be that of the place of residence or domicile of the User, if the same may be considered a consumer according to the applicable laws in force. If, however, the User is a professional, the court of Treviso will be the competent court.