General Terms and Conditions
(pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 and subsequent amendments and supplements)
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 on the website www.ilmannarino.it and in particular from the section Shop "At your home" (hereinafter, the "Site") in accordance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and supplements (hereinafter, the "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 with the Register of Companies of Milan Monza Brianza Lodi 10747300969, REA n. MB-2554487, - E-mail address: email@example.com (hereinafter referred to as 'The Mannarino').
The consumer who accesses the Site in order to make purchases (hereinafter "Customer") is required, before sending the order, to read carefully these General Conditions that have been made available to him/her on the Site and that can be consulted at any time by the Customer, including 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 Article 3, paragraph 1, letter a), of the Consumer Code, the regulations on withdrawal set out in Articles 7 and 8 of these General Terms and Conditions or, more generally, the provisions of the Consumer Code that apply only to "consumers" shall not apply.
The contracts concluded with Il Mannarino srl through the Website are regulated by the present 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 on sale on the Site (hereinafter the "Product" or "Products") are shown on the page relating to each Product.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and fully accepts these General Terms and Conditions and the transcribed payment terms.
The contract between Il Mannarino and the Customer shall be deemed concluded with the acceptance of the order by Il Mannarino. Such acceptance is communicated to the customer through an email confirming the order itself, containing a reference to these General Conditions, the order number, shipping and billing information, 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/she identifies any errors in the order, he/she will have 12 hours from receipt of the email to contact Customer Service directly from the Site using the appropriate contact form accessible through the "Support" page or by sending an email to the appropriate mailbox. firstname.lastname@example.org . After this period, the order will be processed for shipment and no further changes will be accepted, without prejudice to the Customer's rights under Article 7 below.
Once the order has been received, Il Mannarino srl will check the availability of the stock to fulfill the order. In case one or more products are not available, Mannarino Customer Service will promptly inform the customer via email. Within the next 12 hours, the customer will have the option to reply to confirm the shipment of any additional available products or cancel it. In case of no answer within this term, the order will be considered confirmed and the available Products will be shipped. If some Products are not 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 according to 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 sheet, the description of the product sheet shall always prevail.
4. Prices and shipping
The prices of the products are inclusive of all taxes and duties. All prices are
expressed in Euro.
- Deliveries in Milan:
In Milan, delivery is free of charge for orders over €39, for smaller amounts the cost is €3.90.
For postcodes 20151, 20152, 20153, 20156, 20157 the conditions below apply.
- Shipping to Rome, Turin, Milan Hinterland, Monza and Brianza, Bergamo, Brescia, Como, Varese, Pavia, Lodi, Cremona:
delivery is free of charge for orders over 79€, for lower amounts the cost is 10€.
For some postcodes, the conditions below apply.
- Shipping to rest of Italy and postcodes above:
delivery is free of charge for orders over €119, for lower amounts the cost is €15.00.
5. Methods of payment and invoicing
5.1 Payment methods
The Customer may pay the price of the Products and the relevant delivery costs by PayPal (and credit card on the PayPal circuit).
Once the order has been confirmed, the Customer shall be redirected to the PayPal website where he/she can make the payment using his/her account or using a card, even a prepaid card, or in any case according to the methods accepted by PayPal and in compliance with its conditions.
- Credit card through PayPal
The circuits on which it is possible to purchase on the Site via the PayPal circuit are: Visa / Visa Electron / Mastercard American Express.
In order to ensure maximum security, the Customer will make the payment transaction directly on the PayPal systems.
The Site does not store the Customer's credit card number, but thanks to the secure communication system, from the second purchase, the Customer who so wishes - by selecting the appropriate option - may proceed with the purchase without entering his data again. The relevant credit institution 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 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 correctly entering the invoicing 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 The subscription package
The Customer may purchase the Products using the Subscription Package, thus benefiting from the possibility of receiving their favourite selection of meat every month.
If the Customer decides to make use of the Subscription Package, he will be subject to the specific provisions of this Article 6 (The Subscription Package).
6.1. Activation, frequency and deactivation of the Subscription Package
6.1.1 Activation of the Subscription Package
In order to activate the Subscription Pack, the Customer must access the dedicated section of the Website/App and select one or more Subscription Packs from those available. By proceeding to the actual purchase of at least one subscription package, the Customer assumes the role of Subscription Package Customer.
Il Mannarino's acceptance of the activation of the Subscription Package authorizes the recurring charge on the payment instrument of the cost of the selected Subscription Package, in addition to the delivery costs. The initial charge shall be followed by recurring charges as accepted by the Customer. By making the first payment, the Customer declares that he is aware that the Subscription requires an initial payment and recurrent payments and accepts responsibility for the latter until deactivation. He may then request charges (e.g. monthly) without further authorization from him, until such time as he gives notice that he wishes to terminate this authorization. There is no minimum subscription period. The Customer may terminate his subscription at any time as set out in the next section (6.1.3). Furthermore, no refund will be made for services already rendered by Il Mannarino during the subscription in question.
The purchase of one of our non-subscription products implies acceptance of a single payment of the amount relating to the product, displayed on the Website.
6.1.2. Frequency and timing of delivery of the Subscription Package
The Subscription Pack Customer shall receive the Subscription Pack every month until Deactivation (see section 6.1.3 below), within the first 7 (seven) days of each month.
By ordering the Subscription Pack between the first and last day of each month, the Customer will receive the first delivery of the Subscription Pack within the first 7 (seven) days of the immediately following month.
6.1.3 Deactivation of the Subscription Package
The Subscription Pack Customer has the right to completely deactivate the Subscription Pack at any time and at no additional cost. If the Subscription Pack Customer wishes to deactivate the Subscription Pack, he/she must send an e-mail to email@example.com.
Deactivation of the Subscription Pack by the Subscription Pack Customer shall take immediate effect even if any purchase orders already confirmed are delivered.
Il Mannarino also reserves the right to cancel, in whole or in part, the provision of Subscription Packages at any time and with reasonable notice to allow the delivery of orders already confirmed. In such cases, Il Mannarino will promptly notify the Subscription Parcel Customer by e-mail and/or through a notice on the Website/APP.
Cancellation does not incur any additional costs. The Customer is permitted to place subsequent orders at any time but we reserve the right not to accept the order if cancellation of previous orders has been requested.
6.2. Acceptance of the subscription purchase order
Il Mannarino's acceptance of the purchase order implies the immediate debit of the amount of the expense according to the selected payment method.
Following acceptance of the order, the Subscription Customer shall receive confirmation by e-mail that the purchase has been made with an express indication of the summary of the Subscription Pack ordered and its prices, an indication of the first month of delivery and the general and special conditions applicable to the order itself.
6.3. Methods of payment
For the Subscription Pack the same conditions apply as in the section "5. Methods of payment and invoicing".
With the Activation of the Subscription Package, the Subscription Package Customer:
- guarantees the availability of the sum required for payment of the Subscription Parcel ordered through the Subscription Parcel service;
- if the failure to update the respective payment details results in the inability to proceed with the payment of the Subscription Pack, Il Mannarino will be entitled to suspend and/or deactivate the provision of the Subscription Pack.
- expressly authorizes Il Mannarino or third parties authorized by it to store on their systems the identification of the credit card or Paypal account in order to authorize any subsequent charges by Il Mannarino and thus allow the Customer to repurchase on the Website/App in an easy way and/or even without active intervention by the Customer.
7. 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 Data" 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 is not responsible 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 a period of 48 (forty-eight) working hours starting from the day after the day on which Il Mannarino confirmed the order to the Customer by means of an order confirmation email.
- Active delivery services in Italy: COURIERE
The service involves 2 delivery attempts to the address given at the time of ordering. A notice will be left after each delivery attempt. After the second unsuccessful delivery attempt, the courier will contact the recipient of the order by telephone at the number provided to arrange delivery. If the courier cannot be reached or is absent, the goods will be returned to the warehouse.
8. Right of withdrawal
the right of withdrawal is excluded, pursuant to article 59 of legislative decree 21/2014 as:
- Products are tailor-made and clearly personalised;
- the Products offered by Il Mannarino are liable to deteriorate or expire rapidly;
- Sealed Products are not suitable for return for reasons of hygiene or health protection if they have been opened after delivery.
However, 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 from receiving the confirmation email.
The Customer shall send an email to firstname.lastname@example.org with the subject line "Withdrawal and order number".
The Customer Service of Il Mannarino srl will provide, once received the communication, to open a file for the management of 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. In case the right of withdrawal is exercised, Mannarino srl will refund the customer the entire amount of the goods subject to withdrawal, including shipping costs where applicable, within 14 days from the date the withdrawal notice was received. The reimbursement will be made using the same payment method used by the customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery payment, the Customer shall 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 "risk deteriorating or expiring rapidly" include all food products.
9. Warranty and Conformity Defects
In case of conformity defects of Products sold by Il Mannarino srl, the Customer shall 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 Products. The Customer has the right, at his or her choice and provided that the type of Product allows it, to have the conformity of the Product restored, free of charge, by means of replacement, or to an appropriate price reduction or to terminate the contract.
In the case of meat that is not to the customer's liking, the customer is asked to keep the product raw. If the wine is faulty or has a corked smell, the customer is asked to keep the bottle with at least 2/3 of its contents and its cork.
and to report the alleged non-conformity to Customer Service. Mannarino srl will intervene as soon as possible by arranging a free pick-up in order to carry out a thorough check and propose the most suitable solution, including refund or product replacement.
The customer loses these rights if he/she does not report the conformity defect to Il Mannarino srl within 24 hours from the date in which he/she discovered the defect for meat and perishable products, and within 2 months for non perishable products.
The same applies in the case of products missing from the order.
10. Errors and limitations of liability
The information related to the Products provided through the Website 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 serious fault.
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 the event of wilful misconduct or gross negligence, the Customer shall not be entitled to claim damages or compensation, nor shall he be liable in contract or tort for direct or indirect damage to persons and/or property 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 responsibility, except for malice or serious fault, in case of purchase made by minors under 16 years old. By purchasing any alcoholic product you declare to be of age as per art. 7 of DL 158/2012. Mannarino srl does not assume any responsibility in case of purchase made by minors under 18 years old who have declared to be of a different age.
Any complaints must be sent to Il Mannarino srl by writing an email to firstname.lastname@example.org, or by registered mail with return receipt to the following address:
To. Complaints Office
The Mannarino s.r.l.
via Castelfidardo n. 1
20900 Monza (MB)
Mannarino srl undertakes to respond to all requests received within a maximum of 14 working days.
12. Online resolution of consumer disputes (ADR and ODR)
According to Article 49 paragraph 1 letter V of the Legislative Decree 6 September 2005 no. 206 (Consumer Code) the customer can make use of the Joint Conciliation procedure. The procedure may be initiated if the consumer, after submitting a complaint to the company within 45 days, has not received a reply or has received a reply that he is not satisfied with.
The customer who decides to avail himself of the Joint Conciliation procedure is obliged to send his application to the address Il Mannarino s.r.l. via Castelfidardo n. 1– 20900 Monza (MB)
Pursuant to Article 14 of Regulation 524/2013, we inform you that in the event of a dispute, you may lodge a complaint via the European Union's ODR platform, which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform provides a gateway 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 regulated by Italian Law. For the solution of disputes related to the interpretation, execution or termination of these General Conditions or of single purchase orders, if the Customer is a consumer according to the Consumption Code, the exclusive competent court will be the one in his town of residence or domicile if located in the Italian territory; in all other cases, the territorial competence is exclusively that of the Court of Milan, any other competent court excluded.
Pursuant to Article 1341 of the Italian Civil Code, the Customer declares that he has read and specifically accepts the following articles of these General Terms and Conditions: 6 (liability for delays in delivery), 10 (right to correct errors - exclusions of liability).