General Terms and Conditions of Sale

for the online sale of consumer goods The Purchaser expressly declares that he/she is making the purchase for purposes unrelated to the commercial or professional activity carried out.|
Identification of the Supplier The goods covered by these general conditions are offered for sale by Vincenzo Imperatrice  based in Martina Franca (Ta), Via Petrarca, 12 – Italy, Cod.Fisc. MPRVCN66P13E986E, P.Iva 01799640733

Art. 1 Definitions
1.1. The term "online sales contract" means the contract of sale relating to the tangible movable property of the Supplier, entered into between the latter and the Buyer within the framework of a distance sales system through telematic tools, organized by the Supplier.
1.2. The expression "Buyer" or "Customer" means the consumer who is 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 term "Provider" means the entity indicated in the epigraph or the entity providing the information services.  

Art. 2 Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Buyer purchases remotely through telematic tools the tangible movable goods indicated and offered for sale on the website www.masseriamita.it
2.2. The products referred to in the previous point are illustrated on the following website: www.masseriamita.it

Art. 3 Procedures for the conclusion of the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet through the Buyer's access to the address www.masseriamita.it, where, following the procedures indicated, the Buyer will formalize the contract for the purchase of the goods referred to in point 2.1 of the previous article.  

Art. 4 Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by the exact completion of the request form and the consent to the purchase expressed through the adhesion sent online or with the completion of the form attached to the online electronic catalog at the address www.masseriamita.it and the subsequent sending of the form itself, always after viewing a printable web page summarizing the order, which contains the details of the purchaser and the order, the price of the goods purchased, the shipping costs and any additional charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, it will send a confirmation e-mail or display a printable web page confirming and summarizing the order, which also contains the data referred to in the previous point.
4.3. The contract shall not be considered to have been concluded and effective between the parties in the absence of what is indicated in the previous point. 4.4. The Supplier reserves the right, at its sole discretion, to accept or reject the order. Acceptance is considered tacit unless otherwise communicated to the Client in any way.

Art. 5 Methods of payment and reimbursement 5.1. Any payment by the Purchaser may only be made by one of the methods indicated herein: bank transfer in the name of Vincenzo Imperatrice using the IBAN IT75F0326878930052539168210, by credit card or by PayPal.
5.2. In the event of a right of withdrawal, the refund to the Buyer of the sale price will be credited in the same manner used by the Consumer for the payment of the product, within 14 days from the date on which the Supplier became aware of the withdrawal by the Buyer. In the event of refunds for reasons other than withdrawal, the amount will be credited to the Buyer using one of the methods proposed by the Supplier and chosen by the Buyer, within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments are made on a special 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 regulations on the protection of personal data.

Art. 6 Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point
6.2. The shipping times, which will never exceed, in any case, those provided for by art. 61 of Legislative Decree 206/2005, can vary from 24 to 144 hours calculated per working day. The aforementioned delivery times refer to the products in stock at the time of the order. In the event that the Supplier is unable to make the shipment within this deadline but, in any case, within the period indicated in the following point, prompt notice will be given by e-mail to the Buyer.
6.3. The Supplier will arrange for the selected and ordered products to be delivered to the customers, in the manner set out in the previous article, by trusted couriers and/or forwarders. In case of absence of the recipient at the time of delivery, a notice will be left and the customer must personally contact the courier or forwarder as soon as possible in order to agree on the delivery methods.
6.4. Delivery will be made by carriers mainly at street level. However, no liability can be attributed to the Supplier for delayed or non-delivery attributable to force majeure or unforeseeable circumstances. 6.5. By filling in the personal data sheet in the registration procedure necessary to activate the process for the execution of this contract and the related further communications, the consumer and/or customer authorizes the Supplier to communicate non-sensitive personal data (residence, telephone number) to the trusted couriers and/or shippers used for the delivery of the purchased goods in order to allow the necessary procedures for their delivery.

Art. 7 Prices
7.1. All the sale prices of the products displayed and indicated on the www.masseriamita.it website are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.
7.2. The selling prices, referred to in the previous point, are inclusive of VAT and any other taxes. Shipping costs and any ancillary charges (e.g. customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is placed by the Buyer and also contained in the web page summarizing the order placed.
7.3. The prices indicated in correspondence with each of the goods offered to the public are valid until the date indicated in the catalogue.

Art. 8 Availability of products
8.1. The Supplier ensures, through the electronic system used, the processing and fulfillment of orders without delay. To this end, it indicates in real time, in its electronic catalogue, the number of products available and those not available, as well as shipping times.
8.2. Should an order exceed the quantity in the warehouse, the Supplier, by e-mail, will inform the Buyer if the goods can no longer be booked or what the waiting times are to obtain the chosen goods, asking whether they intend to confirm the order or not.
8.3. The Supplier's computer system shall confirm the registration of the order as soon as possible by sending the User a confirmation by e-mail, in accordance with point 4.2.
8.3. In the event that a product is available on the website, even if it is not available due to problems updating the website itself, only a refund of any payment already made will be provided. 

Art. 9 Limitations of Liability
9.1. The Supplier assumes no responsibility for inefficiencies attributable to force majeure in the event that it is unable to execute the order within the time stipulated in the contract.
9.2. The Supplier shall not be held liable to the Purchaser, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet network outside its control or that of its subcontractors.
9.3. Furthermore, the Supplier shall not be liable for damages, losses and costs suffered by the Buyer as a result of the non-performance of the contract for reasons not attributable to him, the Buyer being only entitled to a full refund of the price paid and any ancillary charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent and illicit use that may be made by third parties, of credit cards, cheques and other means of payment, for the payment of the products purchased, if it proves that it has taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
9.5. Under no circumstances shall the Buyer be held liable for delays or misunderstandings in payment if it proves that it has made the payment within the time and in the manner indicated by the Supplier.

Art. 10 Liability for defects, proof of damage and compensable damages: the obligations of the Supplier 1
0.1. Pursuant to art. 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects in the goods sold if it fails to inform the Injured Party, within 3 months of the request, of the identity and domicile of the manufacturer or of the person who supplied 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 shall not be held liable for the consequences of a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation, it 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 defect in the product and the danger arising from it 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 the defect and the damage.
10.6. The Injured Party may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the Injured Party.
10.7. Damage to property 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).
10.8. The Supplier shall not be liable for any damage caused by the carrier. The Buyer who receives damaged goods has only direct action against the carrier. The latter is also liable for the delay in the delivery of the goods to the recipient. In such cases, the Supplier shall be exempt from any liability for loss or damage (damage) to the goods from the moment they are delivered unreservedly to the carrier for transport. In the event of damage to the packaging or packaging, the Customer is responsible for making reservations regarding the goods transported at the time of return, under penalty of forfeiture. In the event of partial loss or damage that cannot be recognized at the time of redelivery, the Purchaser must report the damage to the carrier, under penalty of forfeiture, of the damage as soon as it is known and no later than eight days from receipt by registered letter with acknowledgement of receipt (Article 1698 of the Italian Civil Code). The images of the products published on the site are purely indicative. In the absence of specific indications in the order notes, the lack of conformity of the purchase cannot be complained of.

Art. 11 Obligations of the Purchaser 11.1. The Purchaser undertakes to pay the price of the purchased goods and the ancillary costs within the time and manner indicated in the contract. 11.2. Once the online purchase procedure has been completed, the Buyer undertakes to keep this contract in digital or paper format. 11.3. The information contained in this contract has already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation. 11.4. It is strictly forbidden for the Buyer to enter false, and/or invented, and/or fictional data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; The personal data and the e-mail must be exclusively your real personal data and not that of third parties, or fictional. It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. The Supplier reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers. The Client relieves the Supplier of any responsibility arising from the issuance of incorrect tax documents due to errors relating to the data provided by the Client, the Client being solely responsible for the correct entry.

Art. 12 Right of withdrawal
12.1. The Buyer has in any case the right to withdraw from the contract, without any penalty and without specifying the reason from the conclusion of the contract and up to 14 days after receipt of the purchased goods. 12.2. If the Buyer decides to exercise the right of withdrawal, he must notify the Provider by registered letter with return receipt to be sent to Vincenzo Imperatrice based in Martina Franca (Ta), Via Petrarca, 12 – Italy. The stamp affixed by the post office to the receipt issued shall be binding between the Parties. For the purposes of exercising the right of withdrawal, the sending of the communication may be validly replaced by the return of the purchased goods, provided that the terms are the same. The date of delivery to the post office or the forwarding agent shall be binding between the Parties.
12.3. The return of the goods by the Buyer must in any case take place no later than 14 days from the date of receipt of the goods. The date of delivery of the goods to the shipper is taken as proof. In any case, in order 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.
12.4. The Buyer may not exercise this right of withdrawal for purchase contracts concerning:
– the supply of tailor-made or clearly personalised goods;
– the supply of goods that are likely to deteriorate or expire rapidly;
– the supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and which have been opened after delivery;
– the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
– the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the sales contract, the delivery of which may take place only after thirty days and the actual value of which depends on fluctuations on the market which cannot be controlled by the trader;
12.5. In the event of withdrawal, the Consumer shall be responsible for the costs of delivery and return of the goods to the Supplier.
12.6. The Supplier shall reimburse the full amount paid by the Buyer free of charge within 14 days of receipt of the notice of withdrawal, if prior to the delivery of the goods, or within 14 days of the return of the goods to the Supplier. The Supplier may withhold the refund until it has received the goods.
12.7. The shipment to the Supplier, until the certificate of receipt at the Supplier's warehouse, is under the complete responsibility of the Customer; in the event of damage to the goods during transport, the Supplier will notify the Client of the incident (within 5 working days of receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier chosen by him and obtain a refund of the value of the goods (if insured); in this case, the product will be made available to the Customer for its return, at the same time cancelling the withdrawal request; the Supplier is not liable in any way for damage or theft/loss of goods returned with uninsured shipments
12.8. This article also serves as information within the meaning of the Consumer Code.
12.9. The  professional may not exercise any right of withdrawal and this contract will be binding on the parties at the time of its conclusion. A Professional is defined as a person (natural or legal person) who acts for purposes related to his or her professional or entrepreneurial activity.

Art. 13 Grounds for termination
13.1. The obligations assumed by the Buyer with this contract, the successful completion of the payment that the Buyer makes with the means of payment requested by the Supply, the exact fulfilment of the obligations assumed by the Supplier with this contract, are essential, so that, by express agreement, the non-fulfilment of only one of these obligations, unless determined by unforeseeable circumstances or force majeure, will result in the termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.
13.2. the Supplier has the right to terminate the contract stipulated by simply notifying the consumer and/or customer with adequate and justified reasons; In this case, the customer will only be entitled to a refund of any amount already paid.

Art. 16 Methods of archiving the contract
16.1. Pursuant to art. 12 of Legislative Decree no. 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.

Art. 17 Communications and complaints
17.1. Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the registered office of the Supplier, or transmitted to info@masseriamita.it.  In the complaint, the Buyer must indicate  his/her residence or domicile, the telephone number or the e-mail address to which he/she wishes the Supplier's communications to be sent.

Art. 18 Applicable law and referral 18.1. This contract is governed by Italian law.