Supplier identification

The goods covered by these general conditions are offered for sale by Mother’s Ruin SNC based in via Marco Perennio 99– 52100 Arezzo, registered with the Arezzo Chamber of Commerce, REA AR-212376, Part.IVA IT02428150516hereinafter referred to as the "Supplier".

Contact details:
Address: via Marco Perennio 99 – 52100 Arezzo
Telephone: (+39) 333 4477 007
Mail: [email protected]
Website: www.ginmediterraneo.com

1) Definitions

1.1. The expression "online sales contract" means the purchase and sale contract relating to the Supplier's tangible movable assets, stipulated between the Supplier and the Buyer as part of a remote sales system using telematic tools, organized by the Supplier. .

1.2. The expression "Buyer" means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.

1.3. The expression "Supplier" means the person indicated in the epigraph or the person providing the information services.

2) Object of the contract

2.1. With this contract, respectively, the Supplier sells and the Buyer purchases remotely via electronic means the tangible movable goods indicated and offered for sale on this Website.

2.2. The products referred to in the previous point are illustrated on the web pages of this site.

3) Method of stipulation of the contract

3.1. The contract between the Supplier and the Buyer is concluded exclusively via the Internet through the Buyer's access to the address of this website (indicated in the contact details at the top of the page), where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods and the contract for the purchase of the goods referred to in point 2.1 of the previous article.

4) Conclusion and effectiveness of the contract

4.1. The purchase contract is concluded through the exact compilation of the request form and the consent to purchase expressed through the adhesion sent online or with the compilation of the form / form attached to the online electronic catalog of the checkout page of this site and the subsequent sending of the form / module itself, again after viewing a web page summarizing the order, printable, which shows the details of the ordering party and the order, the price of the purchased good, the shipping costs and any additional accessory charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.

4.2. When the Supplier receives the order from the Buyer, it sends a confirmation e-mail or displays a printable web page confirming and summarizing the order, which also contains the data recalled in the previous point.

4.3. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.

5) Payment and refund methods

5.1. Each payment by the Buyer can only be made by means of one of the methods indicated on the specific web page by the Supplier.

5.2. Any reimbursement to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in the event of exercising the right of withdrawal, as governed by art. 13, point 2 et seq. of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal itself.

5.3. All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.

6) Delivery times and methods

6.1. The Supplier will deliver the products selected and ordered, in the manner chosen by the Buyer or indicated on the website at the time of offering the goods, as confirmed in the e-mail received by the buyer at the time of the order.

6.2. Shipping times may vary from the day of the order to a maximum of 7 working days from confirmation of the same. In the event that the Supplier is not able to ship within said deadline but, in any case, within that indicated in the following point, prompt notice will be given via e-mail to the Buyer.

6.3. The actual shipping methods, times and costs are indicated at the time of purchase.

7) Prices

7.1. All sales prices of the products displayed and indicated on this Website are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.

7.2. The sales prices, referred to in the previous point, include VAT and any other taxes. Shipping costs and any additional charges (e.g. customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the Purchaser forwards the order and also contained in the web page summarizing the order placed.

7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.

8) Product availability

8.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as the shipping times.

8.2. Should an order exceed the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.

8.3. The Supplier's IT system confirms the registration of the order as soon as possible by sending the User a confirmation by email, pursuant to point 4.2.

9) Limitations of liability

9.1. The Supplier assumes no responsibility for disservices attributable to force majeure in the event that it is unable to execute the order within the times established by the contract.

9.2. The Supplier cannot be held liable towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its control or that of its subcontractors.

9.3. Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any additional charges incurred. .

9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if he proves that he has taken all precautions. possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.

9.5. Under no circumstances may the Buyer be held responsible for delays or misunderstandings in payment if he proves that he has made the payment within the times and methods indicated by the Supplier.

10) Defect liability, proof of damage and compensable damages: the Supplier's obligations

10.1. Pursuant to the articles. 114 et seq. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the Damaged Party, within 3 months of the request, the identity and domicile of the producer or the person who supplied him with the goods .

10.2. The aforementioned request, by the Injured Party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.

10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow the product to be considered defective.

10.4. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.

10.5. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.

10.6. The Injured Party may request compensation for damage caused by death or personal injury or by the destruction or deterioration of anything other than the defective product, provided it is of a type normally intended for private use or consumption and thus mainly used by the Injured Party.

10.7. Damage to things referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387).

11) Guarantees and assistance methods

11.1. The Supplier is liable for any lack of conformity that occurs within 2 years of delivery of the goods.

11.2. For the purposes of this contract, it is presumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are usually used; b) conform to the description made by the Seller and possess the qualities of the goods that the Seller presented to the Consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, if applicable, the public declarations on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or his agent or representative, in particular in advertising or on labelling; d) are also suitable for the particular use desired by the Consumer and which was brought to the attention of the Seller at the time of conclusion of the contract and which the Seller also accepted for conclusive facts.

11.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.

11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.

11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.

11.6. The request must be sent in writing, by registered letter with return receipt, to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within 7 working days of receipt.

In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the method of shipping or returning the goods as well as the deadline for the return or replacement of the defective goods.

11.7. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within 7 working days of receipt.

11.8. In the same communication, where the Supplier has accepted the Buyer's request, it must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the Buyer's responsibility to indicate the methods for crediting the sums previously paid to the Supplier.

12) Buyer's obligations

12.1. The Buyer undertakes to pay the price of the purchased good in the times and ways indicated in the contract.

12.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.

12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.

13) Right of withdrawal

13.1. In any case, the Buyer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased good.

13.2. In the event that the professional has not satisfied the information obligations on the existence, methods and times of return or collection of the goods in case of exercise of the right of withdrawal referred to in the art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months starting from the end of the initial withdrawal period and starting from the day of receipt of the goods by the Consumer.

13.3. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered mail. addressed to the company that owns this Site (indicated in the contact details at the top of the page) or by e-mail to the company's e-mail (indicated in the contact details at the top of the page) provided that such communications are confirmed by sending a registered letter with acknowledgment of receipt. within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will be authentic between the Parties. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided within the same terms. The date of delivery to the post office or courier will prevail between the Parties.

13.4. The return of the goods must in any case take place no later than 30 (thirty) days from the date of receipt of the goods themselves. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.

13.6. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them.

13.7. The Supplier will refund the entire amount paid by the Buyer free of charge within 30 (thirty) days of receiving the notice of withdrawal.

13.8. Upon receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.

14) Causes for termination

14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, have an essential character, so that, by express agreement, the failure to fulfill just one of these obligations, unless determined by fortuitous circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling.

15) Protection of confidentiality and processing of the Buyer's data

15.1. The Supplier protects the privacy of its customers and guarantees that data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 1961.

15.2. The personal and fiscal data acquired directly and/or through third parties are collected and processed in paper, electronic and telematic form, in relation to the processing methods with the aim of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best carry out the requested service (art. 24, paragraph 1, letter b, Legislative Decree 196/2003)2.

15.3. The Supplier undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited at the request of the judicial authority or other authorities authorized by law.

15.4. Personal data will be disclosed, after signing a data confidentiality commitment, only to persons delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.

15.5. The Buyer enjoys the rights referred to in the art. 7 of Legislative Decree 196/2003, namely the right to obtain:

• a) updating, rectification or, when interested, integration of data;
• b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed;
• c) certification that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case in which this requirement is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purposes of sending advertising or direct sales material or for carrying out market research or commercial communication.

15.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.

15.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.

15.8. The owner of the collection and processing of personal data is the Supplier, to whom the Purchaser can address any request at the company headquarters.

15.9. Anything sent to the Supplier's email address (including electronic) (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case no responsibility can be attributed to the Supplier for the content of the messages themselves.

16) Method of archiving the contract

16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the server/at the Supplier's headquarters according to confidentiality and security criteria.

17) Communications and complaints

17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following company address (present at the end of the page) or sent via fax to the company number (present at the end of the page) or sent via e-mail to company address (present at the bottom of the page). The Buyer indicates in the registration form his residence or domicile, telephone number or e-mail address to which he wishes communications from the Supplier to be sent.

18) Settlement of disputes

18.1. Any dispute relating to the validity, effectiveness, interpretation or execution of each Contract as well as, in general, relating to navigation on the Site by the Customer-Consumer or to the use of any functionality made available to the Customer-Consumer through the site, must be the subject of a conciliation attempt which will take place via the European “Online Dispute Resolution” platform (so-called ODR) which can be consulted at http://ec.europa.eu/consumers/odr. Through the ODR platform the consumer can send a complaint relating to a contract concluded online with the company that owns this Site (indicated in the contact details at the top of the page) and thus activate the online dispute resolution procedure. The email address of the merchant to be included in the complaint is indicated in the data at the bottom of the page.

18.2. All disputes arising from this contract will be referred to the Arezzo Chamber of Commerce and resolved according to the Conciliation Regulations adopted by it.

18.3. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, letter. u) of Legislative Decree 206/2005.

19) Applicable law and referral

19.1. This contract is regulated by the Italian law.

19.2. Although not expressly provided herein, the legal provisions applicable to the relationships and cases envisaged in this contract apply, and in particular the art. 5 of the Rome Convention of 1980.

19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to here.

20) Final clause

This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously entered into between the Parties and concerning the object of this contract.

1 Requirements of the Privacy Guarantor – art. 154, 1 c) of Legislative Decree 196/2003 – Simplifications of certain obligations in the public and private sphere with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Gazette 1 July 2008, n. 152.

2 General provision of the Guarantor for the protection of personal data Practical guide to simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Journal of 21 June 2007, n. 142.

3 "Unless a manager in the person of Mr. has been appointed by the Company".