TÉRMINOS Y CONDICIONES
1. GENERAL PROVISIONS
These are the general Terms and Conditions of Sale governing the relationship between
Mamabakery s.r.l. – Viale Monte Nero 82 - 20135 Milano (MI) Italy– VAT: 11645380962 – REA Number: MI-2616808
hereinafter referred to as ‘the Vendor’, and any person or company placing an online order via the website https://www.mamabakery.it for himself or on behalf of third parties for private or commercial purposes, hereinafter referred to as “the Client”.
The Vendor offers to sell the items online.
The Client declares that he has the ability to possess rights and to be bound by obligations.
The items are described in good faith and as accurately as possible on the website https://www.mamabakery.it. The presentation of the items is not binding on the Seller and does not constitute an offer in the legal sense of the term.
Given the perishable nature of the items offered, the Client does not have the right to rescind the purchase.
The Client must select the item desired and specify the quantity and weight (where applicable). The item will be automatically transferred to the Client’s basket.
Before making an order, or simultaneously with the payment process, the Client is required to open an account by clicking on LOGIN and then REGISTRATION. The Client will be asked to fill in a form in order to open an account. The Client will be required to provide a valid e-mail address and to choose a password which will remain private and confidential and will be used to identify the Client on subsequent visits to the website. The Client will also be required to give some personal or company details, including the VAT number in the case that the Client is a company, and the address for delivery if different to that of residence. If the Client is resident in Italy a valid Fiscal Code will be required whether the Client is a private citizen or a company.
After having inserted the appropriate details, the VAT number will be verified via the VIES system (more details on the website: http://ec.europe.eu/taxation_customs/vies/faqvies.do. If the VAT number is false or incorrect, it will not be considered and the Client will be accepted as a private Client. The Client accepts that this information is considered to be proof of his identity and acceptance of these Terms and Conditions of sale.
At any time the Client may obtain a list of items selected by clicking on the ‘Basket’ icon, and then continue to place orders by clicking on the ‘Products’ icon. The Client may correct any errors in data entry, change the quantity of items or delete items. The Client will end the selection of items and place the order by clicking on the ‘Place Order’ icon.
After having clicked on the ‘Place Order’ icon, the Client must identify himself, in the event that he has not already done so, by inserting his e-mail address and the previously chosen password.
The Client may choose the preferred method of payment according to Clause 7.
The Client must accept these Terms of Sale by selecting the appropriate box. Once the box is selected and the Client clicks on the ‘Place Order’ icon, the order is submitted and the sale is final. The Client cannot now correct any errors made while entering data.
An e-mail of confirmation will be set to the Client, said e-mail concludes the contract and implies the unconditional acceptance by the Client of these Terms and Conditions. The e-mail will contain the following information:
- Summary of the order
- Total cost of order
- Processing costs and total costs
- Name and address of the Client
- Place and date of order (for information only)
- Payment details
- Details for contacting the service department.
The order form must be kept on the electronic register of the Vendor and stored on a reliable and durable backup system. The order form is considered, by agreement, to be evidence of the contractual relationship between the Client and the Vendor. The order form also provides evidence of the price and availability of the items.
Automatic registration systems are considered to be valid proof of the nature, content and date of the order. The sale will not be concluded until the confirmation of the order has been sent to the Client via e-mail.
The Vendor is not bound by the order until the confirmation that he agrees to process the order has been sent. The Vendor reserves the right to refer the order to others, and to suspend or refuse the order if the order turns out to be incomplete, if the data provided are incorrect, if the Client has not paid the balance on previous orders, or for any other reason that the Vendor considers appropriate in the circumstances.
The order is not final until it has been confirmed by payment of the full price by the Client.
If, for any reason, the item ordered is not available, the Vendor will ensure to inform the Client by e-mail at the earliest opportunity.
The price of all items available on the website https://www.mamabakery.it are given in Euros, and include the rate of VAT required according to Italian law at the moment of purchase. This price does not include shipping charges which are calculated in the final phase of the order on the basis of the destination recorded at the moment of registration. The Vendor reserves the right to modify the prices at any time and for any reason. The items, if available, will be invoiced in Euros at the rates in effect at the time the order is registered. Placing an order implies acceptance of the price indicated for the chosen item.
The total price indicated in the confirmation of the order is the final price, including all applicable taxes and all shipping costs.
6. CUSTOMS DUTIES
Any order placed on the website and shipped to locations outside Italy may be subject to Customs duties and taxes at the point of destination. These duties and taxes are the responsibility of the Client alone. The Vendor is not required to know about or to inform the Client of any Customs duties or taxes which may apply. The Vendor strongly advises the Client to contact the appropriate authorities of the country of destination for further information.
7. PAYMENT METHODS
The website https://www.mamabakery.it is governed by Italian law and the items are shipped from Italy. All invoices are in Euros.
The Vendor accepts the following methods of payment:
Payment by PayPal must be made to (PayPal account holder).
PayPal permits the making of payments by direct access to the PayPal account, or through credit card or pre-paid card for those users who do not have an account. PayPal accepts the following payment channels: Visa, Visa Electron, MasterCard, Postepay and Aura.
On choosing to pay via PayPal, the Client will be directed to the Login page of the PayPal website. The total amount of the order will be charged to the Client’s PayPal account or selected credit card. In the event of cancellation, either by the Client or due to non-acceptance by the Vendor, the full amount will be refunded to the Client’s PayPal account or selected credit card within three (3) days of the cancellation.
Any delay in the release of funds will depend exclusively on the PayPal system. At no time will the Vendor have access to the Client’s financial information. Given that no information will be exchanged, it is not possible that such information may be intercepted by third parties. No archive belonging to the Vendor will contain or store any such information. For every transaction made by PayPal, the Client will receive an e-mail of notification from PayPal.
For more information about the legal requirements for the PayPal service, please use the following link: https://www.paypal.com/it/webapps/mpp/ua/legalhub-full
For more information about the security of PayPal, please use the following link:
Whatever method of payment the Client chooses, the order will not be taken into consideration until payment has been confirmed. Once the order is accepted, the Vendor will send an e-mail confirming the order and the Client’s account will be charged.
The Vendor guarantees full confidentiality of the banking systems which automatically control the right of the Client to use a credit card and encrypts all transactions in order to ensure full confidentiality.
8. PROOF OF TRANSACTION
Both parties accept electronic evidence, such as e-mails or electronic storage systems. in the context of their relations.
Both parties agree that data recorded by the Vendor will be proof of all transactions of the Client on the website. The data recorded by the payment system will constitute proof of all financial transactions.
Order forms and invoices will be recorded and stored on a reliable, durable electronic storage system, attestable as incontestable proof.
9. PROCESSING OF ORDERS
The orders will be processed from Monday to Friday, excluding public holidays. The items will be sent from Italy within a maximum of fifteen (15) days after receipt of payment.
The Vendor will not be held liable for any delay in delivery or non-delivery due to circumstances or events outside his control, which may render completion of the contract impossible or more expensive, in part or in whole. Furthermore the Vendor will not be held liable for actions of third parties, such as suppliers, subcontractors, agents or representatives, or if the Client does not fulfill his committments.
The Vendor will not be held liable in the event of war, riots, fire, strikes, accidents or the impossibility of obtaining provisions. The Vendor will keep the Client informed in good time of any of the above events.
Prompt delivery of items will take place only if the Client fulfills his obligations to the Vendor. Delivery times specified in the order or the summary of the order are given in good faith and are not binding. Delivery times are not per se an essential condition of the contract and the Vendor is not obliged to pay compensation.
The Vendor reserves the right to make use of the services of third parties, employees or agents working under their own responsibility, under the limits of the law and regulations in the matter of accreditation.
All items must and will be delivered to the address supplied by the Consumer. The Vendor will not be held liable for errors made by the Consumer at the moment of ordering.
The Vendor will not be held liable for failure to complete the contract in the case of force majeure, riots, or partial or complete strikes on the part of the transport service or courier.
A detailed invoice corresponding to the order, drawn up on behalf of the Client, must be enclosed with the delivered order.
Return of items is accepted only for defects of quality.
10. DELIVERY TIMES, METHODS AND CHARGES
The Vendor will only accept orders with delivery to Italy (excluding San Marino and Vatican City) and the following European countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Spain, Sweden.
The Vendor will deliver the items by reliable courier and/or vectors within 24/72 hours from confirmation of the Client’s order, depending on the availability of the items and the final destination. The delivery times are approximate and are in no way binding on the Vendor, but will in no case exceed thirty (30) days from receipt of the confirmation by e-mail of the Client’s order. The Vendor will take no responsibilty for delays in the delivery of the order.
For every order made on the website https://www.mamabakery.it, the Vendor will issue a document accompanying the items sent. The Client will have the choice of an invoice or other tax document while ordering. Once the invoice or other tax document has been issued, it will not be possible to make any change to the document.
Delivery is at the expense of the Client and will be clearly detailed on execution of the order, according to the country to which the items are to be sent. The Client has no other obligations with respect to the total of the order.
The method and charge of delivery will vary according to the destination of the items.
The charges of delivery are as follows:
- Delivery to Italy, including the islands but excluding San Marino and Vatican City: € 7,30 + VAT
- Delivery to Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Spain, Sweden. € 15,50 + VAT
- For orders to Italy (excluding San Marino and Vatican City) which are in excess of 30 €, including VAT, delivery is free.
Delivery will be made by courier during working hours, so the Client is advised to insert an address where someone will be present to accept the delivery. Otherwise, the package will be placed in storage, with a consequent delay in delivery and possible extra costs for storing.
Delivery will be to the ground floor only.
At the moment of delivery the Client has the responsibility of checking that the packaging is intact and the parcel tape has not been interferd with in any way.
In the case of tampering and/or breakage, the Client must contest the shipment and/or delivery by adding the words ‘subject to control’ on the delivery document received from the courier or other operator. The Client must subsequently report the damage within two (2) days of receipt of the items, according to the manner prescribed by the operator chosen for the shipment and/or delivery.
In the case of non-collection by the Client within two (2) working days of the delivery and storage of the items at the warehouse of the courier, the Vendor reserves the right to cancel the order due to the impossibility of delivery of the items to the address specified by the Client. In this case, the Client will be charged with any costs of handling and/or storing the items. Given that the items are foodstuffs, and therefore perishable, the Client will not be refunded.
The Vendor declines any responsibility for non-delivery due to causes such as non-collection, incorrect or incomplete address, or any other causes beyond his control.
11. ABSENCE OF THE RIGHT OF WITHDRAWL
The right of withdrawl does not apply to contracts entered into through the website https://www.mamabakery.it.
All sales are subject to availability. If an item proves to be unavailable after validation of the order, the Vendor undertakes to inform the Client as quickly as possible, either by e-mail or by phone. The Client then has the right to cancel the order. Any payment made will be returned to the Client’s credit card within thirty (30) days of the cancellation.
All texts, comments, illustrations and images on the website https://www.mamabakery.it are copyrighted. All rights are reserved. Any reproduction, whether partial or complete, is prohibited without explicit permission from the Vendor. Ordering from the site does not involve the transfer or grant of intellectual property rights, unless expressly stated.
The items on offer comply to all applicable laws. The Vendor may not be held responsible as long as he performs the services according to the law.
15. TRANSFER OF OWNERSHIP
MAMA will retain full ownership of the items sold until the total amount owed by the Client has been received. The transfer of ownership of the items purchased does not fall within the scope of this contract. Only clients who originally purchased the goods may claim to adhere to the provisions of these general conditions of sale.
The provision of personal information for online purchases is mandatory because it is neccessary for processing orders, shipping and invoicing. This information is highly confidential. Failure to provide the information required will result in the automatic rejection of the order.
The Vendor undertakes not to disclose any information supplied by the Client to any third parties. Said information will be used exclusively for internal management purposes, that is, management of orders, invoicing, service, solvency, marketing, advertising and other neccessary purposes which may arise.
Information supplied by the Client may be passed by the Vendor to other organisations under contract with the Vendor, solely for the purpose of commercial dealings.
The Client has the right to oppose the processing of personal information for marketing. This service will be provided on receipt of a request directly from the Client and is free of charge.
Any order made by the Client, and all deliveries made by the Vendor, constitute full and unconditional acceptance of the General Conditions of Sale by the Client, to the exclusion of any other document, such as the Client’s own terms and conditions or any catalogues, brochures, etc which are supplied for informational purposes only.
Both parties expressly agree that these Terms and Conditions shall apply to their trade relations, unless otherwise specified in writing. The waivering of one or more of the general Terms and Conditions will have no effect in any way on the application of the other Terms and Conditions.
The cancellation or unenforceability of one of the provisions of the general Terms and Conditions will have no effect in any way on the other provisions of the general Terms and Conditions, which will remain valid and enforceable.
The fact that the Client has not recieved the general Terms and Conditions in his own mother tongue does not permit him the right to be exempt from their application.
By placing an order for any item on the website, the Client agrees to read and expressly accept the Terms and Conditions, and this acceptance does not require the signature of the Client.
The validation of the order form by the Vendor constitutes an electronic signature, equivalent to a handwritten signature, said signature being a confirmation that the contract is complete, and that the amount or amounts due for the completing of the order are payable.
The Vendor retains the right to modify the general Terms and Conditions without personally informing the Client, and without the Client being entitled to claim for any compensation. It is the Client’s responsibility to periodically check if changes have been made to the general Terms and Conditions. The Client may copy and/or print out the current general Terms and Conditions, providing that he does not alter them in any way.
18. APPLICABLE LAW
The present contract is governed by Italian law.