Terms and Conditions - Mammarancia

Nova Food limited liability company, in the person of its legal representative p.t. , headquartered in Francofonte (SR) in via dei Combattenti n.4 – 96015 (P.IVA/C.F. IT02020970899), email: info@mammarancia.com, pec: nova-food@pec.it registered with the Syracuse Register of Companies under no. 147271
(also just the “Seller”)

WHEREAS

Nova Food s.r.l. is the owner of the site https://www.mammarancia. com and its aliases which may not be reproduced , either in whole or in part, transferred by electronic or conventional means, modified , linked and used without the prior consent of Nova Food s.r.l.
On said site, N ova Food s.r.l. carries out the sale of food products, pursuant to Legislative Decree No. 70 of April 9, 2003, containing the regulation of electronic commerce (e-commerce) and Articles 45 et seq. of Legislative Decree No. 206 of September 6, 2005 (“Consumer Code”) as amended by Legislative Decree No. 170/2021, implementing Directive (EU) 2019/771.
The Seller accepts orders from Customers who hold both the quality of consumers and to customers who do not hold this quality. Pursuant to art. 3, I paragraph, lett. a) of the Consumer Code, a Consumer is the natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity. The inclusion of the VAT number during the purchase procedure is considered an indication of the purchase being made for purposes related to the entrepreneurial, commercial, craft or professional activity carried out.
If one or more sales are made to a person who does not qualify as a Consumer, these general terms and conditions of sale and the Italian Civil Code shall apply, since the protections provided in favor of the Consumer, which reflect or comply with mandatory provisions of law, shall not be applicable to him;
Only persons 18 years of age or older are allowed to purchase the products.
The Vendor is the food business operator (FBO) responsible for and user of the trademark “Mammarancia” featured on the products, packaging and website mammarancia.com.
The Seller states:
- That it holds/possesses all rights, licenses, authorizations, certifications required by law to market the products;
- To ensure compliance with all food safety requirements and obligations established by Reg. (EC) No. 178/2002 and hygienic self-control;
- to ensure compliance with the obligations under Reg. (EU) No. 1169/2011 and, in particular, with the requirements and obligations of communication to the final consumer at the pre-sale stage;
The premises form an integral and substantial part of this Contract and the Customer declares that he/she has taken full cognizance of them and accepts their contents without reservation.

TERMS OF USE

The legal conditions applicable to the Seller-Customer relationship are those in effect on the date of transmission of the purchase order. They may be modified at any time. Any amendments and/or new conditions are understood to be in force from the time of their publication on the Site.
Before placing and, therefore, proceeding with the payment of the order, the Customer is required to read these terms and conditions carefully. The placing of the order implies full knowledge and express acceptance of both the aforementioned general terms and conditions and of what is indicated in the purchase procedure.
For any kind of inquiry or communication, the Customer may contact the Seller by writing to the following email address info@mammarancia.com
The Customer acknowledges, accepts and gives its consent that all communications, notifications, attestations, information, reports and in any case any documentation on the operations performed, referring to ‘purchase of the Products, will be sent to ’email address indicated at the time of registration or transmission of the order, with the possibility of downloading the information on a durable medium in the manner and within the limits provided by the Site.

SUBJECT

The purpose of this Contract is to define the contractual conditions applied to the sale in the mode of electronic commerce that has as its object exclusively the products offered and made available by the Seller on the website Mammarancia.com and its aliases in favor of the Customer who hold both the quality of Consumers and Customers who do not hold that quality.
The Customer may only purchase the products displayed on the site at the time of browsing. It should be noted that the image accompanying the descriptive sheet of a product has a purely illustrative function and may not be perfectly representative of its characteristics but differ in color, size or in relation to any accessory products in the picture due to the settings of computer systems or devices used by Customers. Therefore, for the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the Customer is authentic.
The contract is executed against the Customer identified by the data entered in the order form that is transmitted electronically upon acceptance of these General Terms and Conditions of Sale.
Products sold on the site can be delivered in the national territory and in the European countries specifically indicated on the site (when choosing the country of shipment). In the case of choosing delivery to the user or other person indicated by the user in the purchase flow, the inclusion of shipping addresses outside the countries expressed on the site invalidates the purchase process and the contract is not concluded.

PURCHASING PROCESS

It is not mandatory to register to make purchases. Therefore, the Customer may choose to make purchases on the Seller’s Site as a Registered User or as an Unregistered User. Registration avoids having to enter address and shipping information each time you make a purchase on the Site.
If the Customer is registered, his billing and delivery information will be displayed automatically and can be changed as needed. If the Customer is not registered, he/she is required to enter this data with each purchase.
Following the inclusion of one or more products in the shopping cart, the Customer displays a summary of the details and may choose to continue with the confirmation of the order. Subsequently, to conclude the contract and finally transmit the order, the Customer is asked, in a single screen, to enter information about the delivery address (which may differ from the billing address) , the method of payment with the relevant data, after which, following confirmation by the Customer (button “place order”), the Seller processes the payment of the order.
Correct receipt of the order is confirmed by the Seller by means of a confirmation notice by e-mail, sent to the e-mail address provided by the Customer when filling out the order form. From this moment on, the contract between Seller and Customer is finalized. This message contains the date and time of receipt of the order, a ‘Customer Order Number’, to be used in any further communication with the Seller, the link to the page of the site containing the ‘Terms and Conditions’ of Sale accepted by the Customer, the information strictly necessary to summarize the essential characteristics of the product purchased, an indication of the price, the means of payment used, delivery charges and any additional costs. The message also reproposes all the data entered by the Customer at the time of confirmation of the order, who undertakes to verify their correctness and promptly communicate any corrections by email.
The Customer can also check the status of his order by accessing the web area dedicated to him under “My Orders.”
The Seller must be able to request by e-mail or telephone more information especially in order to properly fulfill contractual obligations. Therefore, it is the Customer’s obligation to enter real data in the order form.
The Seller reserves the right not to execute to purchase orders that do not give sufficient guarantees of solvency or that are incomplete and incorrect. In such cases, the Seller undertakes to promptly notify the Customer. In case of submission of the order form and payment of the price, the Seller shall refund the amount already advanced.

AVAILABILITY

All product orders are subject to product availability. The Site is constantly updated automatically in order to ensure maximum correspondence between Seller’s availability and the availability listed on the Site.
Product quantities available at the time of order are visible on the site. Since the simultaneous access of many user-customers, the simultaneous possibility of “on line” orders as well as the variable quantity of each production according to the seasonal, change the availability of the product, the Seller does not guarantee the certainty of allocation of the ordered goods.
On certain products, subject to price promotions, the Seller reserves the right to accept orders by reducing their quantities, subject to prior notice and acceptance by the Customer, failing which the order shall be deemed cancelled.
The Seller may cancel the order in case of unavailability of products. In such cases, it shall inform the Customer by e-mail that the contract is not concluded and that the Seller has not followed up the order specifying the reasons. In such cases, the amount previously committed to the Customer’s means of payment is alternatively converted into a voucher for subsequent orders or refunded. Notice of the voucher or refund is given by e-mail.
In all cases of cancellation of the order by the Seller, therefore for any reason whatsoever, it is understood that the Seller cannot be held liable for any damages resulting from the cancellation.

PRICES AND PAYMENTS

All published prices include VAT.
The Seller may change the selling prices of the Products at any time without prior notice and without the need for justification and specification.
In the event that an incorrect and/or clearly derisory price is posted, for whatever reason (systems error, human error, etc.), the order is cancelled, even with initial validation.
The validity of prices is always and only the one indicated in the order confirmation that is sent to the Customer following the submission of the order.
The prices of the Products expressed in the individual product sheet which, together with the shipping costs, are displayed in the order summary before the Customer’s request for confirmation of the same. Shipping costs can be changed at any time by the Seller, but changes are not applied to orders already sent and accepted.
All purchases made on the site are secure, as they are guaranteed by SSL certification and respective HTTPS protocol. The proposed payment methods involve only multi-referenced circuits.
The Customer may make payment by Paypal, by credit card, by bank transfer, in the manner indicated in the purchase procedure. It is understood that the Seller remains extraneous to the contractual arrangements that the Customer undertakes with payment companies. In addition, the Customer warrants to the Seller that he has the necessary authorizations to use the payment method chosen for his order at the time of placing the order.
All orders are payable in Euros , including taxes and mandatory contributions. Any bank charges are the sole responsibility of the Customer, even in the event of a refund.
At no time during the purchase process is the Seller able to know the Customer’s credit card information, which is transmitted via encrypted protocol-protected connection directly to the site of the entity handling the electronic payment.
Under no circumstances, therefore, can Seller be held liable for any fraudulent and improper use of credit and prepaid cards by third parties.
For each order placed, if the Customer has made an express request to do so by ticking the appropriate box on the order submission form and has provided the necessary information (valid VAT number or CF) when registering his account, the Seller will issue an invoice for the order shipped, sending it by e-mail to the Customer in whose name the order was placed. For the details given when issuing the invoice, the information provided by the Customer at the time of processing the order shall prevail. No change to the invoice is possible at any time after the invoice is issued.

PROCESSING AND DELIVERY METHODS

The Seller can only accept orders with delivery to the countries provided within the site.
Products purchased can be delivered to the address indicated by the Customer in the order by the date indicated in that Shipping Confirmation.
“Order fulfillment time” means the time interval from receipt of the order to delivery of the product to the courier.
Delivery times for the goods ordered are purely indicative, the same may vary due to force majeure or because of traffic conditions and road conditions in general or by act of the Authority, as well as any delays attributable to the carrier. No responsibility can therefore be attributed to the Seller in case of delay in the fulfillment of the order or in the delivery of the goods.
The goods travel with packaging made by the Seller which varies depending on the products ordered, the number of products and their weight/volume.
Except as otherwise specified in the product sheet and order summary prior to purchase, shipping charges, where applicable are the responsibility of the Customer and detailed before payment. The Seller reserves the right to change shipping policies at any time and give appropriate notice to the above url). The payment of the goods by the Customer is made using the method chosen when placing the order.
Delivery is deemed to have taken place or the order delivered by means of the acquisition by the Customer or the recipient of the order other than the Customer or, in any case, a third party indicated by the Customer, of the material availability of the product which is proven by the signing (by one of the aforementioned parties) of the order receipt at the agreed shipping address.
It is the responsibility of the Customer – or the aforementioned parties – to make themselves available throughout the day on the days indicated for the pickup of products at the address specified at the time of purchase. The Courier is in no way bound to give the Customer advance notice or to deliver the products at the times, if any, indicated by the Customer.
If at the passage of the courier on the days and / or time slots communicated, the Customer – or whoever for him or the recipient of the products – was not present, the courier makes no. 2 (two) delivery attempts following the first (unsuccessful). If it fails to deliver the products despite the attempts made, it shall open the file of storage. The goods may be held in storage for a maximum time of 48 hours. at no additional cost to the Customer . Failure to collect the goods determines the a termination of the contract which is communicated to the Customer by e-mail to the address entered at the time of the order. In this case, the Customer shall not be entitled to a refund of the goods and any shipping costs.
Upon delivery of the products, the Customer is required to check:
-that the number of packages being delivered corresponds to what is indicated in the transport document sent to him;
-that the packaging is intact, undamaged, or otherwise altered and with the seals intact.
Any external damage or mismatch in the number of packages must be immediately objected to the delivering courier by marking “withdrawal with reservation.” In the specific case of a damaged package, it is necessary to state on the courier’s waybill: “withdrawal with reservation because the package is damaged.”
Once the courier’s document has been signed, the Customer cannot object to any dispute about the external characteristics of what has been delivered.
In the event that the Customer provides an incorrect shipping address, the order is delayed and additional shipping and handling charges are assessed for returned or re-addressed orders. It is not possible in such a case to request a refund.

RIGHT OF RECONSIDERATION AND LEGAL WARRANTY OF CONFORMITY

- Exclusion of the right of second thought
  Pursuant to Art. 59, lett. d) and e) of the Consumer Code Legislative Decree 205/06, for the Seller’s products falling into the category of food – and purchased by the Customer who holds the quality of Consumer — the right of withdrawal is excluded, since, for all food products the characteristics and quality are subject to alteration even as a result of improper storage after delivery.
  However, without prejudice to the above, you can cancel orders that have not yet been processed – and in any case no later than 2 days after payment has been made – by contacting Customer Service at info@mammarancia.com.
- Seller’s Responsibilities
  In the event of receipt of product that is incorrect with respect to what was ordered (to be understood as the only case in which the error is attributable to the Seller) or damaged (due to causes attributable to the Seller or the courier) or altered or, in general, non-conforming, the Customer has the burden of reporting such errors and defects within a period determined according to the nature of the goods and the quality covered:
- Non-food asset:
  Consumer: reporting of errors and defects within 26 months of delivery pursuant to Art. 133 c. 3 of the Consumer Code, with application of the presumption of non-conformity defect – unless proven otherwise by the Seller – within one year of delivery pursuant to Art. 135 c. 1 of the Consumer Code;
  Non-Consumer: the rules of the Civil Code, or, specifically, Article 1495 of the Civil Code, which requires the reporting of defects within 8 days of discovery, apply with regard to the reporting of defects. The action is time-barred in one year
- Perishable food good: for both Consumer and non-consumer, the report of errors and defects must be made no later than 24 hours after delivery.
  In any case, the Customer has the burden of attaching appropriate photographic documentation in support from which the error or defect is clearly evident. Failure to send photos to the Seller may make it more difficult or prevent a refund. Therefore, in the absence of sending proof of the dispute made, the Seller reserves the right not to refuse the Customer’s request for reimbursement in relation to the amounts paid by the Customer for the products purchased. Following receipt of the form and related documentation, the Seller evaluates the error, defects, and non-conformities reported by the Customer and decides whether to authorize sending other products as replacements or, in agreement with the Customer, convert the amount paid into vouchers for subsequent purchases or, again, make a refund.
  Non-food or non-perishable food products, the return of which the Seller authorizes – as an alternative to the above remedies – must be returned by the Customer, together with a copy of the return authorization notice bearing the “Return Code”, to the following address: info@mammarancia.com, within 14 days after reporting the defect or non-conformity found.

In such a case, l ‘any refund of the price paid and related shipping costs is made, where possible, by the same means of payment used by the Customer when purchasing the Product. Otherwise, the Customer is requested to provide Iban code of its bank account so that the Seller can execute, by bank transfer, the relevant refund.

In the event that, as a result of the quality control and food safety checks, the product does not meet the standards of conformity or there is a serious health risk, the Seller shall take all measures to prevent the same from being put on sale with consequent withdrawal from the market. If the risky product has already entered the availability of the consumer purchaser, the Seller undertakes to take all necessary action and initiate, in accordance with the law, the recall and return procedure, transmitting all information to the consumer about the safety conditions and instructions for making the return.

EXPRESS TERMINATION CLAUSE

The Seller has the right to terminate the stipulated contract by giving simple notice to the Customer and stating the reason; in this case the Customer is entitled only to the refund of any sum already paid without any further claim.
The obligations assumed by the Customer, as well as the guarantee of the successful completion of the payment that the customer makes by the means referred to in Article 5, have an essential character, so that by express agreement, the failure by the Customer to perform the services underlying the execution of the contract and the quality of the service (ex multis, conduct that hinders or does not facilitate the shipment of products by the Seller) may result in the termination of the contract by right under Article 1456 c.c., without prejudice to the right for the Seller to take legal action for compensation for further damage.

LIMITATION OF LIABILITY

The Seller, in the event that it fails to execute the order in the time provided for by these general conditions of sale, shall not assume any liability if the non-performance or defective performance results from inefficiency due to the act of a third party, the fault of the Customer or attributable to force majeure or fortuitous event or any other event that is not under the direct and exclusive control of the Seller (including, but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, power failure, general strike of public and/or private workers, strikes and/or restrictions on courier and airline routes, holiday periods (e.g. Christmas season).
The Seller is in no way responsible for the improper use of the products or, in any case, for any conduct – on the part of the Customer and/or recipient of the order – contrary to a correct intake of the product itself, or in any case contrary to a healthy lifestyle and a balanced and varied diet accompanied by adequate physical activity.
The Seller is also not liable in the cases referred to in Article 118(b) and (e) of the Consumer Code, respectively, in cases where the defect that caused the damage did not exist when the Seller put the product on sale and when the state of scientific and technical knowledge at the time the Seller put the product on sale did not yet allow the product to be considered defective;
The Seller shall in no way be liable for any damages, caused to the Customer or third parties, resulting from improper use of the products.
The Vendor is in no way responsible for the misuse and/or disclosure of Customer’s registration/access information to third parties.
Seller shall not be liable for any direct or indirect damages, whether foreseeable or not, consequential and/or related to Customer’s use of the Site. If Seller is held liable for an injury suffered by Customer and attributable solely to the transmission of an order, such liability shall be limited to the amount of the order actually paid by Customer to Seller.
The Seller assumes no liability for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, when paying for the Products purchased, if it proves that it has taken all possible precautions based on the best technology and experience at the time and in accordance with ordinary diligence.

ONLINE DISPUTE RESOLUTION

Pursuant to and for the purposes of Article 14 of EU Regulation No. 524/2013, Consumer Customers residing in the states belonging to the European Union are hereby informed that for the resolution of disputes relating to this contract and the online services offered by this site, there is the possibility of resorting to the Online Dispute Resolution (ODR) procedure, provided by the European Commission, and accessible at the following link: https://webgate.ec.europa.eu/odr/.
In compliance with the provisions of the above regulations, it is also announced that the Seller’s regular e-mail address is info@mammarancia.com,

JURISDICTION AND VENUE

These General Conditions of Sale shall be governed by and construed in accordance with the laws of Italy, without prejudice to any different prevailing mandatory rules of the Customer’s country of habitual residence.
For any dispute arising from the application, execution and interpretation of these General Conditions of Sale is competent exclusively the Court of Syracuse if the Customer has made the purchase for purposes related to entrepreneurial, commercial, professional or craft.
For any dispute between the Consumer and the Seller, the court in whose district the Consumer has his residence or domicile shall have jurisdiction.