(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
- Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, " General Conditions ") have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the internet, from the website www.madreterrashop.com (hereinafter , the " Site ") in compliance with Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, " Consumer Code ").
The seller of the products and owner of the Site is: Infarinato srl with registered office in Via Confienza 10, 10021 TURIN), CF/PI and registration in the Turin Company Register no. 11986180013, REA: TO-1255899 - Email address: email@example.com (hereinafter “ Madreterra Shop ”).
The consumer who accesses the Site to make purchases (hereinafter " Customer ") is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Site and which will be available for consultation at any time. by the Customer also through the link contained in the confirmation email of each order to allow its reproduction and storage.
In the event that the person making purchases on the Site requests the issuing of an invoice and/or in any case is not a "consumer or user" as defined in the art. 3, paragraph 1, letter. a), of the Consumer Code, the withdrawal regulations referred to in the art. will not apply. 7 and 8 of these General Conditions nor, more generally, the provisions which pursuant to the same Consumer Code apply only to "consumers" .
The contracts concluded with Madreterra shop through the Site are governed by these General Conditions in compliance with Italian legislation. The language available to conclude the contract is Italian.
- Choose and order the Products
The characteristics and prices of the various products on sale on the Site (hereinafter " Product " or " Products ") are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained in the Site. The Customer must add the Product to the "Cart" and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, you will have to enter the shipping and possible invoicing data, 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 to have read all the information provided during the purchase procedure and to fully accept these transcribed General and Payment Conditions.
The contract stipulated between Madreterra shop and the Customer must be considered concluded with the acceptance of the order by Madreterra shop. This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, shipping and invoicing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he finds any errors in the order he will have 12 hours from receiving this email to contact Customer Service via email at firstname.lastname@example.org. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the Customer's rights referred to in article 7 below.
Once the order has been received, Madreterra Shop will check the availability of stocks to process the order itself. In the event that one or more Products are not available, Madreterra Shop Customer Service will promptly send communication via email to the Customer who, within the following 12 hours, will have the right to respond to confirm the shipment of any additional available Products or cancel it. In case of no response within this period, the order will be considered confirmed and the available Products will be sent for shipment. If only a few Products are not in stock, Madreterra shop will process the order with the available Products. In both cases, the amount relating to the missing Products will be canceled immediately depending on the payment method chosen.
- 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 descriptive 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 color and size. In the event of a difference between the image and the written product sheet, the description on the product sheet always prevails.
- Prices and shipping
Product prices include all taxes and duties . All prices are expressed in Euros.
- Shipments to Italy :
Throughout Italy, shipping is free for orders over €69, for lower amounts the shipping cost is €8.50.
- Shipments abroad :
The cost of shipping abroad varies depending on the country of destination. For orders over €200 shipping is free.
- Payment and invoicing methods
5.1 Payment methods
The Customer may pay the price of the Products and the related delivery costs by credit card, PayPal, bank transfer, prepaid cards, Masterpass.
- Credit card
The circuits on which it is possible to purchase within the Site are:
Visa / Visa Electron
Diners Club International
To ensure maximum security, the Customer will carry out the payment transaction directly on the bank's secure server.
The Site does not store the Customer's credit card number, but thanks to the protected communication system of the reference credit institution, from the second expense, the Customer who wishes - by selecting the appropriate option - will be able to proceed with the purchase without entering your data again. The relevant credit institution uses the SSL protocol to encrypt the data transmitted between its server and the customer's browser.
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, including a prepaid one, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.
- Bank transfer
The Customer must make the bank transfer within 3 days from the order date for orders relating to products and within 1 day from the order date for orders containing events and/or courses. If this does not occur, the order will be canceled and the goods made available again for purchase by other Customers. The Customer who has not made the bank transfer may be contacted by Customer Service in order to clarify whether the cause of the failed credit is attributable to the Customer's desire not to confirm the purchase or to other causes.
Once the order has been confirmed, the Customer will be redirected to the Masterpass website where they can make the payment using their login credentials and the cards associated with their profile, according to the methods accepted by Masterpass and in compliance with the relevant conditions.
5.2 Invoicing of orders
If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing data including tax code and/or VAT number. In this case the invoice will be sent via email to the address indicated. The professional is responsible for the correct insertion of the billing data and is expressly informed that, in case of failure to request the invoice during the order phase, it will not be possible to request it subsequently.
- Transportation and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Data" field.
All purchases will be delivered by express courier (hereinafter, " Courier ") from Monday to Friday, excluding holidays and national holidays. Madreterra Shop is not responsible for delays that are not foreseeable or cannot be attributed to it.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within 7 (seven) working days starting from the day following the day on which Madreterra Shop confirmed the order to the Customer via specific email order confirmation.
- Delivery services active in Italy:
- Delivery services active abroad:
Shipments abroad may take place with different couriers depending on the country of destination in order to ensure the customer the best available rate.
Countries in which the service is active : Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Holland, Poland, Portugal, Principality of Monaco, United Kingdom, Republic Czech Republic, Romania, Slovakia, Slovenia, Spain (with the exception of the Canary Islands and Ceuta and Melilla), Sweden, Hungary.
- Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, without prejudice to the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send to Madreterra Shop a communication within 14 days from the date of receipt of the Products, if you intend to exercise the withdrawal before having received the Products, the withdrawal communication may be sent at any time before their receipt.
This communication must be sent by registered letter with return receipt, addressed to:
Via Confienza 10
Once the communication has been received, Madreterra Shop Customer Service will open a procedure for managing the return and communicate to the Customer the instructions on how to return the Products, which will take place via courier indicated by Madreterra Shop itself.
The right of withdrawal is governed by the following conditions:
- The right applies to the Product purchased in its entirety; therefore if the Product is made up of multiple components or parts it is not possible to exercise the withdrawal only on part of the purchased Product.
- In case of exercising the right of withdrawal, Madreterra Shop will reimburse the customer the entire amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the withdrawal notice was received, without prejudice to the right of Madreterra Shop to suspend payment of the refund until the goods are actually received. The refund will be made using the same payment method used by the Customer, unless the Customer has expressly requested a different method. In the case of bank transfer or cash on delivery, the Customer will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. Also in order to guarantee free returns pursuant to article 8 below, the Products must be returned in the same box in which they were received.
- In addition to the cases indicated in the Introduction (customer who is not a consumer and/or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
- order of Products made to measure or clearly personalized;
- order of Products that risk deteriorating or expiring rapidly;
- order of sealed Products that are not suitable for return for hygienic reasons or related to health protection or which have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk deteriorating or expiring rapidly" include both all food products (including wines, spirits and drinks) and cosmetics. , as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for hygiene and customer protection reasons, the right of withdrawal is applicable only for Products purchased on the Site which can be returned to Madreterra Shop and put back on the market without dangers to the health of consumers (such as books, gadgets, kitchen utensils, etc.).
In cases of exclusion of the right of withdrawal, Madreterra Shop will return the purchased Products to the Customer, charging the shipping costs to the Customer.
- Free returns in case of exercising the right of withdrawal
As a more favorable condition for the Customer, Madreterra Shop fully bears the shipping costs for returning the Products in the event of exercising the right of withdrawal.
In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Madreterra Shop to agree on the return of the Products to the courier.
- Warranty and Defects of Conformity
In case of lack of conformity of Products sold by Madreterra Shop, the Customer must immediately contact Customer Service by sending an email to email@example.com
The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product through repair or replacement, or to an adequate reduction in the price or to the termination of the contract. The Customer loses these rights if he does not report to Madreterra Shop the lack of conformity within two months from the date on which it discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter period, in which case the defect must be reported within this shortened period.
- Errors and limitations of liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors Madreterra Shop cannot be considered responsible, except in cases of willful misconduct or gross negligence.
Madreterra Shop 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 communication, without prejudice to the Customer's rights under these Conditions Generali and the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by non-acceptance or evasion, even partial. , of an order.
Madreterra Shop promotes the responsible consumption of alcohol and excludes any liability on its part, except for malice or gross negligence, in the case of purchases made by minors under 16 years of age. By purchasing any alcoholic product you declare that you are of age as per art. 7 of Legislative Decree 158/2012. Madreterra Shop assumes no responsibility in the event of purchases made by minors under 18 who have declared that they are of a different age.
Any complaints must be forwarded to Madreterra Shop by registered mail with return receipt to the following address:
ca Complaints Office
Via Confienza 10
10021 TURIN (TO)
Madreterra shop undertakes to respond to all requests received within a maximum of 7 working days.
- Online Consumer Dispute Resolution (ODR)
If you are a European consumer, you should be aware of the fact that the European Commission has made a tool dedicated to alternative dispute resolution available to all residents in Europe. To access the platform click here .
- Applicable law and competent court
The sales contract between the Customer and Madreterra Shop is concluded in Italy and regulated by Italian law. For the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his municipality of residence or of domicile if located in Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Turin, any other competent court excluded.
Pursuant to Article 1341 of the Civil Code, the Customer declares to have 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).