This document constitutes a legal agreement between the User and MERUMALIA and governs both the use of the website and services provided. Users who use services offered by MERUMALIA SHOP declare to know and accept these general conditions of contract.
Owner of MERUMALIA SHOP and related Services
MERUMALIA s.a.s. with registered office in Vicolo Prataporci 8, Frascati (Rome) - Tax Code and Registration Number in the Register of Companies of the CCIAA 11818041003, VAT number 11818041003, REA Number RM - 1330952
Acceptance of the Agreement
In order to use the Services, you are asked to accept the Terms and Conditions and the Privacy Policy when registering on the MERUMALIA website. If the Agreement is not accepted, the Service cannot be used.
About MERUMALIA
MERUMALIA SHOP is the online shop for the sale to consumers of MERUMALIA farm products.
Registration
In order to use the Service or part of it, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions. The User is responsible for saving his/her access credentials.
Account cancellation and user account closure
Registered Users can deactivate their accounts, request their cancellation or discontinue use of the Service at any time, through the MERUMALIA SHOP interface or by contacting the Owner directly. The Owner, in case of violation of these Terms, reserves the right to suspend or close the User's account at any time and without notice.
Purchase procedure
Each sent order constitutes an offer to purchase products. Orders are subjected to the availability and discretionary acceptance of the Owner. The User needs to select the products and check out, after carefully checking the information contained in the order summary. The order is made by confirming it and is conditional to the payment of price, taxes, shipping and payment costs, as indicated in the order summary form. The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place when the Owner sends confirmation of the payment receipt to the email address provided by the User. The Owner reserves the right to not confirm an order by communicating within 20 days from purchase the unavailability of one or more of the purchased products to the User, through the email address associated with the purchase. In this case, the Owner will refund the price and shipping costs paid by the User.
Terms of payment
The payment of the products purchased from the Site is made through the PayPal payment solution; MERUMALIA SHOP accepts credit cards from VISA, MasterCard and Eurocard circuits, whose payments will be processed through a secure server-to-server connection through the SSL Protocol (Secure Sockets Layer) with 128-bit encryption. MERUMALIA SHOP does not enter into contact with the provided payment data - such as those relating to credit cards. Should the owner of one of these third-party instruments refuse authorization to the payment, MERUMALIA SHOP will not be able to provide the Service and will not be responsible for any delay or non-delivery. Any costs for managing non-accepted User payments will be charged to the User. The commercial invoice will be automatically issued when the ordered goods are shipped to the recipient. On the occasion of the first purchase, the user will be asked to communicate the data for the invoice header, including the tax code. He/she may later modify these data.
Prices and shipping costs
Prices of all the products on sale on the Site are expressed in Euros (€) and, unless otherwise specified, are inclusive of VAT (Value Added Tax). Shipping costs and any other additional costs, inclusive of VAT and expressed in Euros (€), will be expressly and separately indicated in the order form before the user proceeds with its transmission as well as on the order confirmation e-mail. The price of the products could be changed without notice; the price charged to the User will be the one published on the product sheet when the order is sent.
Retention of title
Until the payment of the ordered products price is fulfilled, the products remain the property of the owner.
Availability of products
The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and do not constitute a guarantee of the quality of the products. If an ordered item is not available, the Owner will immediately inform the customer and proceed with the refund of the price previously paid.
Products on offer
The Owner reserves the right, in her exclusive and indisputable discretion, to offer some products at a discounted price for a limited period of time. The conditions for these offers will be indicated in the information sheet related to the offer. Each offer will be valid until the set deadline and, in any case, while stocks last.
Execution of the Order
The order is executed within 7 working days upon receipt and is subject to the availability of the ordered product. The Owner cannot be held responsible for damages suffered by the User due to delays in delivery which are not dependent on circumstances foreseeable by the parties when sending the Order Confirmation.
Delivery
Delivery times depend on the destination (within 7 working days in Italy and within 20 working days for the rest of the world, further delivery times can be determined by any delays due to external factors not attributable to MERUMALIA). The carrier assumes full responsibility for transport, from taking charge at MERUMALIA, to delivery to the address that has been indicated. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in completing the purchase order by the User, or for delays in shipping or damage that may have occurred to the products after delivery to the carrier, if the latter was chosen and commissioned by the User.
Damaged goods
If parcels damaged by the courier, broken or stained by spilled wine from any broken bottles are received, please reject the shipment and MERUMALIA will take care of returning and restoring the shipment. If the shipment consisted of several packages and not all of them were damaged, please reject the damaged package to the sender by signing the courier's note "With reserve". MERUMALIA will return the damaged package and replace it. If the product to be replaced is out of stock, MERUMALIA will contact promptly for a possible replacement or for a refund of the residual value. Any shipping costs for returning the damaged package to the sender and returning the new one are paid by MERUMALIA.
Right of withdrawal
In accordance with the provisions of articles 64 and following of the Legislative Decree 6 September 2005 n. 206, in case of purchase of products or services from MERUMALIA, the consumer User has the right to withdraw from the contract without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Owner of the decision to withdraw via an explicit declaration sent to the contacts indicated or by email to info@merumalia.it.
Effects of withdrawal
If the User withdraws from this contract, he/she will be reimbursed for all the payments he/she has made to the Owner, including the delivery costs without undue delay and in any case no later than 14 days from the day on which the Data Controller is informed on the User's decision to withdraw from this contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any costs as a consequence of this refund. The refund can be suspended until the goods are received or until the User demonstrates that he/she has sent the goods back. The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he/she communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14-day period. The shipping costs of the return are on the User. The User is only responsible for the decrease in value of goods resulting from a use different from the one to establish goods nature, characteristics and functioning.
Limitations to the right of withdrawal on products
Returned products that are damaged or used differently than what strictly necessary to establish their nature, characteristics and functioning will be reimbursed after deduction of the decrease in value resulting from damage or use. The reimbursement is excluded when the decrease in value is total. The User is requested to insert within the package a copy of the received delivery document.
Please return the products in their original packaging. The User declares to recognize and accept that there are exceptions to the right of withdrawal. For example, the right of withdrawal does not apply to:
- supply of goods that are liable to deteriorate or expire rapidly;
- supply of sealed goods that do not lend themselves to being returned for reasons of hygiene or related to health protection and have been opened after delivery;
- supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which could only take place after thirty days and whose actual value depends on fluctuations on the market which cannot be controlled by the Owner.
If one of the aforementioned exceptions were applicable to the goods purchased by the User, the latter cannot exercise the right of withdrawal.
Applicability of the withdrawal clauses
The clauses concerning the exercise of the right of withdrawal, as well as its related consequences and exceptions, apply exclusively to the User who qualifies as a consumer, i.e. the User who acts for purposes which are unrelated to his/her business and professional activity.
Warranty
The User who purchases as a consumer has the right of warranty on the conformity of products within 24 months of purchase, provided that found defects are communicated within 2 months from their discovery. To exercise the warranty right, the User is required to contact the Owner with the contact information by email at info@merumalia.it, giving an accurate description of the found defect.
If the lack of conformity of the product is ascertained, the User has the right to obtain its replacement. The User also has the right to request from the Owner a reasonable price reduction or termination of the contract in the following cases:
- if replacement is impossible or excessively expensive;
- if the Owner has not replaced the goods within a reasonable period, in any case not less than 15 days;
- if previous replacement had caused significant inconvenience to the User.
To exercise the warranty right or to obtain further information in this regard, the User is required to contact the Owner.
Indemnity
The User commits to hold the Owner harmless from any obligation or liability, including any legal costs incurred to defend himself/herself in court, which may arise in the face of damages caused to other Users or third parties, in relation to the uploaded online content, to the violation of legal terms or of these terms of service.
Disclaimer
The Owner, within the limits of applicable law, is liable for damages of a contractual and non-contractual nature to Users or third parties only when they constitute immediate and direct consequence, through willful misconduct or gross negligence, of the MERUMALIA activity. The User exonerates and expressly relieves the Owner from any liability, within the limits permitted by applicable legislation, in relation to any damages or claims of his/her own and/or of third parties, including direct damages, indirect, punitive, incidental, special, due to lost profits, lost revenues, loss of data or replacement costs, deriving from or anyway connected to this agreement.
