Termini e condizioni
These General Terms and Conditions of Sale (“T&C”) are the only agreement between the Users (as defined below) and We are Family S.r.l. which governs the use of the website www.icasamadre.com (hereinafter, the “Website”), the offer, issue, acceptance of online orders, delivery of the Products purchased on the Website and sold by We are Family S.r.l., with registered office in Palmi (RC), via F. Cilea, Trav 2 n. 5 (the “Company”).
Any further information can be directly requested to the Company, by email to the following email address: firstname.lastname@example.org
The Company, in line with its guidelines of fairness and transparency, invites each user of its Website (hereinafter the “User”), before browsing the Website, to carefully read these T&C which govern the services offered on the Website. If the User does not intend to accept these T&C and/or any other note, legal notice, information or limitation of liability published on the website, the User shall not use the Website.
In these T&C, in addition to the terms already defined in these T&C, the terms listed below shall have the following meaning:
Carrier: means the transport company or person in charge of the delivery of the Products to the User.
Company: means We are Family S.r.l., as identified above.
User: means the user who browses the Website.
Products: means the products sold on the Website.
Website: means the website at the address www.icasamadre.com, but also all internet addresses (e.g. URLs, domain and pages) which the Company controls or manages or which are used to offer or supply the Products as well as all mirrors, substitutions and backups and all web pages included by the websites, including all current or future versions of the Website www.icasamadre.com, as well as any applications which give access to the wWebsite.
2. TERMS AND CONDITIONS
The use of the Website by each User is subject to the terms and conditions set out in these T&C, even if the User does not use any purchase of Products.
Any amendment to the T&C shall be effective from the time when these are published on the Website and shall be applicable only to the sales executed thereafter.
The Company shall inform the Users of such amendments to these T&C by publishing them on the Website.
The amendments and updates shall be deemed accepted by the Users by using the Website after such amendments to the T&C have been published on the Website.
If the User does not agree with such amendments, he/she is invited not to use the Website.
3. AGE AND RESIDENCE
The Website are only for Users who are 18 years old. By accepting these T&C, the User represents and warrants to be older than 18 (eighteen) years.
4. PURCHASE OF PRODUCTS
4.1. Products sold online and Prices
Any picture of the Products is merely representative and has the only purpose to present the Products. The Company waives any responsibility and does not give any warranty on the correspondence of the graphic design of the Products published on the Website to the graphic design of the Products delivered.
All prices are inclusive of VAT, if applicable. The delivery fee and management service fee are not included in the price unless expressly indicated.
4.2. Purchase of Products
If a User intends to purchase the Products from the Website, he/she shall select the reference status, look at the Products available to be purchased and select the ones that he/she intends to purchase by adding them to the trolley.
At the end of each purchase, by clicking on “Trolley”, the User can (i) check the Products added in the trolley, the relevant price and the overall cost of each purchase, in addition to the delivery fee (ii) add or cancel the selected Products by clicking on the relevant signs and (iii) finalise the purchase by clicking on “Proceed to Checkout”.
In the section “Proceed to Checkout”, the User shall confirm his/her delivery address and invoice details and finalise the purchase order by paying through one of the methods of payment available in the section "payment".
A delivery fee (if applicable) to be paid by the User will be indicated together with the price of the products.
The amount to be paid for the purchase together with the delivery fee (if applicable) will be debited only after the acceptance of the order by the Company.
4.3. Purchase order
The purchase agreement is deemed executed when the Company, once the order made by the User has been received, checks the correctness of the data and sends to the User an order confirmation by email. Once the agreement is executed, the Company shall process the order of the User. The acceptance of the purchase order by the Company entails the immediate debit of the amount of the order according to the payment method selected by the Users.
The Company is entitled to refuse or not to proceed with purchase orders of Products sold online: (i) which are incomplete or incorrect or (ii) if the Products are not available or (iii) for purchase orders whose payment was not successful or (iv) upon discretion of the Company, or (v) if the address indicated by the User at the time of the order is not correct; in this event the User will be informed by email that the order was not successful specifying the reason and suggesting a solution.
4.4. Purchase price and payment methods
To purchase Products, the User shall select one of the payment methods available on the Website.
The payment may be made by PayPal and the credit cards accepted by PayPal.
5. DELIVERY OF THE PRODUCTS. RETURN POLICY
The Company shall organise the delivery of the Products to the domicile indicated by the User by professional Carriers.
The Company shall deliver the Products only in Italy and in the EU countries. Unless expressly agreed in writing, for the delivery it is necessary for the User or his/her delegate to be at the address at the time indicated on the order.
5.2. Claims for defective Products
At the time of the delivery the User or the person in charge of receiving the delivery shall verify that the parcel is not damaged or altered. Any damages to the parcel and/or the Products shall be immediately notified by the User, by specifying the damage on the delivery note of the Carrier (by way of example “Holes in the parcel”, “Open parcel”).
For any damage to the Products, other than damages due to the deterioration of the food or due to the mere imperfection of the parcel, the User shall contact the Company to the following email address email@example.com, within 48 hours after delivery, by specifying the damages and sending evidence of the damages such as pictures.
The Company reserves the right to asses the defect of the Products and it shall authorize the return only if the Product is damaged or has a defect.
5.3. No delivery
The User acknowledges and accepts that if the Products are not delivered because he/she (or the person in charge of receiving the delivery) is not present at the time of the delivery, the Products shall not be reimbursed and the relevant amount shall not be credited to the User.
The Company shall not be liable for any delays during the delivery. Equally the Company shall not be liable for any loss, damage, incorrect delivery or no delivery due to force majeure, such as by way of example but not limited to: natural events, adverse atmospheric conditions (like for example heavy snow), strikes (of its or third parties employees), transport accidents, explosions or any other cause, similar or different, which is outside the Company’s control and not imputable to the Company, even if pre-existing, which makes impossible or more onerous the full or partial execution of the agreement.
5.4 Return policy
User shall have the right to return the non-defective Products purchased and delivered within 14 days from delivery. Therefore, any requests of return of non-defective Products shall be sent to this email address: firstname.lastname@example.org, within 14 days from receipt of the Product. If 14 days have gone by since your purchase, the User cannot ask for refund.
The request shall indicate the number of Products, the number indicated on the delivery note and any other information necessary in order to identify the Products. The Company shall provide the User with a code which authorize the return and shall be displayed on the pack and on the shipping documents.
To be eligible for a return, the Product must be unused and in the same condition that the User has received it and with the seal or label attached. It must also be in the original packaging.
The Products shall be sent to the following address: Via Marcona 72, 20129 Milano. Users will be responsible for paying the shipping costs for returning the product to the Company.
The Company shall not be liable for loss or damages of the Products returned until they are delivered to the Company. Any loss or damage during the carriage shall be on User’s liability.
Once your return is received, the Company verify if return is compliant to the provision of this T&C. The Company shall communicate to the User if the return request has been approved or reject. If you are approved, then your refund will be processed, and a credit will automatically be applied to your original method of payment.
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
6. OBLIGATIONS OF THE USER
The User undertakes not to use the Website for illegal use or uses not provided by these T&C. The User shall not use the Website to damage or prejudice the Website or interfere with the use and enjoyment of the Website by other Users.
The registered User shall keep the credentials to access his/her profile and he/she is responsible for any use of the Website from any person who may access his/her profile using the relevant credentials. The registered User undertakes in any event not to (i) use machines, algorithms, software or any other automatic functions to generate the upload of pages or materials, (ii) generate the upload of pages, through chains, emails or any other means by which it is requested to a person or a group of persons to consult a page and (iii) immediately notify the Company in the event of a breach of security of the profile.
7. LIMITATIONS OF LIABILITY
The Company undertakes to adopt any measure necessary to store the Products exclusively until the delivery at the address indicated by the User; the Company shall not be liable for deterioration of the Products after the delivery or at other authorised addresses as indicated by the User.
Any claims shall be notified, under forfeiture, within 48 (fortyeight) hours after the delivery by sending an email to email@example.com by attaching also any relevant pictures.
The Company shall not be liable for any damages caused by the non-accessibility of the Website due to connection issues, providers issues or telephone and/or telematics connections which are not under the Company’s control, or due to the lack and/or non-functioning of the User’s devices.
The Company shall not be liable for any contents created or published on third parties’ websites, to which the Website contains a link (“link”). The User who decides to browse a website linked to the Website shall do so at his/her own risk and shall adopt any measure necessary to prevent virus or other malware.
The Company is entitled to delete the Profile and/or not to grant access to the User and not to browse the Website, at any time with immediate effect, in the event of breach by the User of his/her obligations as set out under Articles 3 (Age and residence) and 6 (Obligations of the User). In relation to these Users, the Company is authorised without any prior communication to cancel the orders already made and not yet delivered.
The access to the Website shall also be temporarily suspended in the event of technical problems or for maintenance reasons. Any of these interruptions will be communicated on the Website if possible.
At any time, the Company can improve and/or change the Website if this is necessary for technical reasons or to comply with applicable laws.
The Company shall cease, in whole or in part, to sell Products at any time by giving a reasonable notice to allow the Users to receive the orders already made.
9. ADDITIONAL INFORMATION.
The Company is entitled to request additional information to the User or copies of documents which evidence the ownership of the card used.
The Company is entitled to reject the purchase order and/or terminate with immediate effect the obligations arising from these T&C pursuant to Article 8 (Termination) above, if the User does not provide information and/or copies of documents which prove the ownership of the card used for the payment of the Products ordered.
Without prejudice to the right of termination of these T&C by the Company with immediate effect pursuant to Article 8 (Termination) above, the Company shall also be entitled to suspend in whole the purchase of Products in the event of insufficient funds to purchase the Products ordered.
In no event the Company shall be held liable for fraudulent use of the credit card by third parties at the time of payment of the Products purchased on the Website.
11. APPLICABLE LAW. DISPUTES
14.1. Applicable law
These T&C, including the documents mentioned herein and the legal notes published on the Website and in general any relationship between the Company and the Users are governed by Italian law and shall be construed accordingly.
14.2. Extra-judicial conciliation
According to article 49 paragraph 1 letter V of Legislative Decree dated 6 September 2005 no. 206 (Code of Consumers), the Registered User is entitled to use the joint conciliation (the “Joint Conciliation”).
This procedure can be started if the Registered User, after having submitted a claim to The Company, has not received an answer by 30 days or he/she has received an answer which is not deemed to be satisfactory.
The Registered User who intends to use the Joint Conciliation shall send a request to the following address: firstname.lastname@example.org
According to article 14 of Regulation EU no. 524/2013, the Registered User can also use the “ODR Platform” (Online Dispute Regulation), by clicking the following link: http://ec.europa.eu/odr
11.3. Other disputes
Any disputes in relation to the Website which cannot be solved through the Joint Conciliation set out under Article 11.2 above, shall be subject to Italian courts and in particular to the competent court based on the residence or domicile of the User, if the User does not have residence or domicile in Italy, any disputes shall be subject to the court where the Products have been delivered.
Acceptance of these T&C pursuant to articles 1341 e 1342 of the Italian Civil Code.
Pursuant to articles 1341 e 1342 of the Italian Civil Code, the parties declare to have read and understood and to expressly approve the following Articles: 2 (T&C), 4 (Purchase of the Products), 5 (Delivery of the Products. Return policy), 6 (Obligations of the User), 7 (Limitation of liability), 8 (Termination), 9 (Additional Information) and 11 (Applicable Law. Disputes).