This document (together with the documents mentioned herein) contains the conditions governing the use of this website (www.maizenaitalia.com) and the purchase of the items contained therein (hereinafter the “Conditions”).
We inform you that the use of this website or the transmission of an order through it implies the acceptance of these Conditions, so if you do not agree with all the aforementioned Conditions, please do not use this website.
For any request, doubt or question relating to the Conditions, you can contact us through the customer support channels indicated in the “contacts” section of our website.
The use of the remote selling service governed by these General Conditions of Sale is reserved exclusively for consumers understood as natural persons acting for purposes not related to their own commercial, entrepreneurial, craft or professional activity, if any, over the age of 18.
2. OUR DATA
The sale of products through this site is managed by MAIZENA SRL, based in Trissino, at Viale Venezia 13, VAT number 04302770245, Economic and Administrative Index of Vicenza, no. 394426. Our contact details are available in the “contacts” section of this website www.maizenaitalia.com
3. USE OF OUR WEBSITE
By using this website and/or placing orders through it, you agree to:
(i) use the website only to carry out legally valid consultations or orders;
(ii) not to place false or fraudulent orders. If we have plausible reason to believe that an order of this nature has been placed, we will be authorized to cancel it and notify the competent authorities;
(iii) provide us with your e-mail address, postal address and/or other contact details in a truthful and correct manner. Likewise, you consent to our use of this information to get in touch with you.
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you guarantee that you are of legal age (aged 18 and over) and that you have the legal right to enter into binding contracts.
4. AVAILABILITY OF THE SERVICE
The items offered through this website are available for delivery in Europe.
5. PROCEDURE FOR COMPLETING THE CONTRACT
The information referred to in these Conditions and the details contained on this website do not constitute an offer to the public, but a mere invitation to treat. There will be no contract between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and your account has already been charged, the amount charged will be returned to you in its entirety.
To place an order, you must follow the online purchase process and click on “Place Order”. Subsequently, you will receive an e-mail confirming the receipt of your order (the “Order Confirmation”). It is understood that this will not result in the acceptance of your order, since it constitutes an offer that you make to us for the purchase of one or more products. All orders will be subject to our approval, of which you will be informed by sending an e-mail confirming that the order is being shipped (“Shipping Confirmation”). The details of the order will be summarized in the electronic receipt attached to the Shipping Confirmation. The contract for the purchase of a product between us and you (the “Contract”) will be concluded only when we send you the Shipping Confirmation.
Only the products indicated in the Shipping Confirmation will be subject to the Contract. We will not be obliged to supply you with any other product that has not been ordered until it is confirmed to you in the Shipping Confirmation that such product has been shipped.
6. AVAILABILITY OF PRODUCTS
All product orders are subject to availability. Consequently, in the event of supply problems, or if there are no items in stock, we reserve the right to provide you with information relating to replacement products of equal or greater quality and value, which you may decide to order. If you do not wish to place an order for such replacement products, we will refund any amounts already paid by you.
The products that can be pre-ordered by the customer are clearly identified and marked as such on the website. The customer acknowledges that these products are not yet available for shipment at the time he/she sends his/her order proposal. The customer acknowledges and accepts that if he/she pre-orders a product, the relative price shown on the website and displayed in the shopping cart section will be charged to the customer in advance, i.e. upon receipt of the confirmation e-mail.
7. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and/or to delete or modify any material or content herein. Although we will always do our best to process all orders, there may be exceptional circumstances that force us to refuse to process orders after sending Order Confirmation, and we reserve the right to do so at any time.
We decline any responsibility towards you or towards third parties for the removal of any product from this website, for the deletion or modification of any material or content of the website, or for failure to process the order after sending Order Confirmation
Without prejudice to the provisions of article 6 above and except where extraordinary circumstances occur, we undertake to do everything in our power to send the order of the product(s) indicated in the relative Shipping Confirmation by the date indicated in that Shipping Confirmation or, if no delivery date is specified, within the estimated deadline at the time of selecting the delivery method and, in any case, within the maximum term of 30 days following the date of Order Confirmation.
However, delays may occur for various reasons such as the occurrence of unforeseen circumstances.
If for any reason we are unable to comply with the delivery terms, we will inform you and give you the option to continue with the purchase, setting a new delivery date, or to cancel the order, with the consequent refund of the entire amount paid. Please note that no home deliveries are made on Saturdays and Sundays and bank holidays.
For the purposes referred to in these Conditions, the “delivery” will be deemed to have taken place or the order “delivered” once you, or a third party indicated by you, acquire material possession or in any case control of the products, which will be proven by signing for receipt of the order at the agreed shipping address.
Upon delivery of the products, you are required to check (i) that the packaging is intact, undamaged, and has not been tampered with; (ii) that the number of packages delivered corresponds to what is indicated in the shipping document. Any damage to the packaging or a mismatch between the number of packages received and that indicated in the shipping document must be reported on the shipping document to be returned to the courier.
For the return of defective or non-compliant products, please refer to the provisions of paragraph 12.4.
8.1. Impossibility of delivery
If it is not possible for us to complete the delivery of your order, we will try to find a safe place to leave it. If this is not possible, your order will be sent to our warehouse. In this case, we will leave you a notice specifying the place where your order is located and how to arrange a new delivery. If you are not able to be present at the place of delivery at the agreed time, please contact us again to arrange a new delivery date.
9. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
The risks relating to the products will be transferred to you at the moment of their delivery.
You will acquire ownership of the products as soon as we have received full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in article 8 above), if this occurs at a later time.
10. PRICE AND PAYMENT
The price of the products will be that indicated from time to time on our website, except where there is an obvious error. While we do everything in our power to ensure that all prices appearing on the site are correct, errors may occur. If we find errors in the price of the products you have ordered, we will inform you as soon as possible and we will give you the option of reconfirming your order at the right amount or cancelling it. If we are unable to contact you, the order will be cancelled and the full amount paid will be refunded.
We will not be obliged to supply you with the product(s) at the lower price incorrectly indicated (even if we have already sent you Shipping Confirmation) if the error in the price is obvious and unambiguous and therefore if it were possible for you to reasonably identify it as incorrect.
The website prices include VAT, but exclude shipping costs, which are to be added to the total amount to be paid.
Prices are subject to change at any time; however (except where previously established) the possible changes will not affect orders for which we have already sent Order Confirmation.
Once you have selected the items you intend to purchase, these items will be added to your trolley and the next step will involve completing the order and paying. To this end, you must follow the purchase instructions, entering or verifying the information requested at each step of the purchase process. Furthermore, you can change the details of your order at any time of the purchase process before payment.
You can pay by Visa, Mastercard, Apple Pay and PayPal.
To reduce the risk of unauthorized access, your card details will be encrypted. Once we have received your order, we will pre-authorize your credit card to make sure you have sufficient funds to complete the transaction. Your card will be charged when your order leaves our warehouses.
By clicking on “Authorize Payment” you will confirm that the credit card is yours.
Credit cards will be subject to verification and authorization by the issuer of the same, but if the issuer does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to conclude any Contract with you.
11. VAT (VALUE ADDED TAX)
In accordance with legislation in force, any purchase made through the website will be subject to Value Added Tax (VAT).
12. RIGHT OF WITHDRAWAL – RETURNS / EXCHANGES POLICY
12.1 Right of withdrawal
If you are contracting as a consumer, you will have the right to withdraw from the contract within a period of 14 days without giving any reason.
The withdrawal period referred to in the previous paragraph ends 14 days after the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the goods or, in the case of multiple goods ordered through a single order, ends 14 days after the day on which you or a third party other than the carrier and designated by you acquire physical possession of the last item.
To exercise the right of withdrawal, you must inform us, by writing to MAIZENA SRL based in Italy in Trissino (Vicenza) at Viale Venezia, 13, postcode 36070, or by sending an email to [email protected], of your decision to withdraw from the Contract by means of an explicit statement to this effect (for example a letter sent by post or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send the communication relating to the exercise of your right of withdrawal before the withdrawal period has expired.
12.2 Effects of withdrawal
If you withdraw from the Contract, you will be reimbursed for the payment you made to us relating to the product you intend to return, including delivery costs, without undue delay and in any case no later than 14 days following the day on which we are informed of your decision to withdraw from the Contract.
These refunds will be made using the same payment method you used for the initial transaction. In any case, you will not have to incur any costs as a consequence of this reimbursement. Notwithstanding the foregoing, the refund may be suspended until receipt of the goods or until you have demonstrated that you have returned the goods, whichever is earlier.
Please return the goods to our office located in Italy in Trissino (Vicenza), at Via Asiago, 3 without undue delay and, in any case, no later than 14 days after the date we are informed of your decision to withdraw from the Contract. .
The deadline is met if you send back the goods before the 14-day period has expired.
The direct costs of the return will be at your expense, except as provided for in paragraph 12.3.
You are only responsible for any decrease in the value of the goods resulting from their handling in any way other than that necessary to establish their nature, characteristics and functioning.
12.3 Common provisions
Your right of withdrawal from the Contract will be applied exclusively to those products returned in the same condition in which you received them. We remind you that in the event of a return, you are responsible for the product being returned. No refund will be made if: i) the product received corresponds to an incorrect and/or different item from the product ordered or to be returned; ii) the product has already been used; iii) the product is not in the same condition in which it was delivered or if it has been damaged: We therefore ask you to exercise due care when making returns and to take care of the products as long as they are at your disposal and in your possession. Please return the item using or including instructions and any other accompanying documents.
Maizena will check the packaging and the condition of the individual returned Products, since their substantial integrity constitutes an essential requirement for exercising the right of withdrawal. Maizena reserves the right to refuse the return of any products that are damaged, deteriorated, dirty or that have been used by you. In the event of refusal to accept the returned product(s), Maizena will inform you in a specific communication, will not refund the price paid by you, and reserves the right to request compensation for any damage attributable to you.
You can return the product by handing it to a forwarder/courier we will send to your home, as specified below. This method of return will not involve any additional cost for you. In the case referred to in the previous paragraph i), we will be authorized to charge you for transport costs if it is possible to manage and return the product received to you.
Returns by freight forwarder/courier
You will need to contact us so that we can arrange collection at your residential address.
If you prefer not to take advantage of the free options available for the return of products, the return costs and the risks associated with the shipping method you have chosen will be at your expense, without Maizena being in any way responsible or obliged in this regard. In this case, you must return the product together with the electronic receipt that will be sent to you with the Shipping Confirmation. Please note that if you decide to return the products using the “cash on delivery” method of payment, we will be authorized to charge you for the related costs.
After evaluating the condition of the item, we will inform you if you are entitled to a refund of the amount paid. Shipping costs will be reimbursed if the right of withdrawal is exercised within the deadline and all products subject to the same delivery are returned. The refund will be made as soon as possible and in any case no later than 14 days following the date on which you made known your intention to withdraw from the Contract. Notwithstanding the foregoing, the refund may be suspended until receipt of the goods or until you have demonstrated that you have returned the goods, whichever is earlier. The refund will always be made using the payment method used to make the purchase.
You will be responsible for the costs and risks of returning the products, as indicated above.
For any doubts, you can contact us through the customer support channels indicated in the “contacts” section of our web page.
The right to withdrawal is ruled out pursuant to art. 59 of Legislative Decree 206/2005 (consumer code) in the event of the supply of goods which are made to measure or clearly personalized.
12.4 Return of defective or non-compliant products
If you believe that at the time of delivery the product does not comply with the provisions of the Contract, you must immediately contact us by calling the number specified in the “contacts” section of our web page, specifying the product data as well as the damage suffered, and we will tell you what to do.
To allow us to check the item, you must return it to the address specified in the electronic document received by e-mail together with the Shipping Confirmation. We will carefully examine the returned product and notify you within a reasonable time of the outcome of the checks carried out on it.
In the event of non-compliant goods, we will offer to replace the product or give you a refund (depending on the individual case), unless otherwise requested by you, provided that this is objectively possible and/or not excessively burdensome for us under applicable legislation.
A refund or replacement of the item will be carried out as soon as possible, and in any case no later than 14 days following the date on which we confirm that we will give a refund or replace the unsuitable item, at no cost to you.
The amount paid for the products returned due to damage or defect, if such damage or defects are found to actually exist, will be refunded in full, including the delivery costs incurred for sending the item and for their return by you. The refund will be made using the payment method used to make the purchase, unless otherwise agreed.
These provisions do not in any way affect the rights recognized to consumers under current legislation.
13. LEGAL WARRANTY
The products sold through this website are supported by the mandatory legal guarantee provided by law for consumers, to cover any non-compliance existing at the time of delivery of the products.
The legal warranty covers any non-compliance of the goods that may occur within the two years following its delivery, provided that this is reported within two months of the discovery of such non-compliance.
Pursuant to applicable legislation, the product you have purchased is non-compliant if it (i) does not conform to the description provided and does not possess the qualities presented on this website; (ii) is not suitable for the use for which the products are normally intended; (iii) does not have the qualities and characteristics of a product of the same type and which may reasonably be expected, taking into account the nature of the product and, if applicable, the specific characteristics presented. Within the limits established by law, we exclude all guarantees of an additional and non-necessary nature, except for those that cannot be legitimately excluded with regard to consumers and users.
In the event of non-compliance, you are entitled to have the product restored to a condition of compliance, at no cost to you.
If repair and replacement are impossible or excessively expensive, you may request, at your choice, an appropriate reduction in the price or termination of the contract. In this case, you should send your request to Maizena, which will inform you whether it is willing to satisfy it. In the same communication, if Maizena has accepted your request, it shall specify the proposed price reduction or the methods for returning the defective goods. In this case, it will be your responsibility to indicate the methods unless the request is objectively impossible to satisfy or is excessively burdensome for Maizena pursuant to art. 130, paragraph 4, of the Consumer Code regarding the reimbursement of amounts previously paid.
If you believe that one or more of the purchased products are in any way non-compliant, please contact us using the contact details specified on our website.
14. LIABILITY AND EXEMPTION FROM LIABILITY
Unless otherwise provided for in these Conditions, our liability for the products purchased on our website will be limited exclusively to the purchase price of the product in question.
Notwithstanding the foregoing, our liability is neither excluded nor limited in the following cases:
1. Cases of death or personal damage resulting from our negligence;
2. Cases of fraud or fraudulent activity; or
3. Any circumstance in which it is illegal or unlawful for us to exclude, limit or try to limit or exclude our liability.
Without prejudice to the provisions of the previous paragraph and to the extent permitted by current legislation, and except where otherwise provided for in these Conditions, we will not accept any liability for indirect damages, such as:
i. loss of profit;
ii. loss of turnover;
iii. loss of profit or loss of contracts;
iv. loss of anticipated savings;
v. data loss;
vi. waste of office administration time.
These provisions do not in any way limit the rights recognized to consumers under current legislation.
15. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trademarks and any intellectual property rights regarding the materials or content presented as an integral part of the website are our property and the property of those who have licensed us for their use. You may use such material only in the manner for which you receive express authorization from us or from those who have granted us a license for their use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.
16. IT ATTACKS
You must abstain from any improper use of this site as well as abstain from the introduction of malware, Trojan horses, worms or other programmes or materials that may cause technological damage. Unless authorized to do so, you must not access the website or the server on which it is hosted or other servers, computers or databases relating to our website. You undertake not to carry out DoS attacks against this website.
Failure to comply with this clause could lead to offences under applicable legislation. In the event of non-compliance with the aforementioned legislation, we will inform the competent authorities, with whom we will cooperate to identify those responsible for the attack. Likewise, if you fail to comply with this Article, your authorization to use the website will be immediately withdrawn.
Within the maximum limits permitted by current legislation, we decline all responsibility in the event of any damage or loss resulting from a DoS attack, virus or other programme or material that may cause technological damage to your computer, IT equipment, data or materials as a result of using our website, downloading content from it or redirecting the user to it.
17. LINKS FROM OUR WEBSITE
If our site contains links to other pages or materials of third parties, these links will be provided for information purposes only, without us having any control over the content or materials contained in such pages or sites. We thus decline all responsibility in the event of any damage or loss resulting from their use.
18. WRITTEN COMMUNICATIONS
Applicable legislation requires that some of the information or communications we send you must be in writing. By using this website, you agree that most of the communications exchanged with us are in electronic format. We will contact you by e-mail, or by providing you with information by posting appropriate notices on this website. For contractual purposes, you consent to this electronic means of communication, acknowledging that all contracts, notices, information and other communications that we provide to you electronically will comply with the legal requirement that such communications be in written form. This provision does not in any way limit the rights recognized under current legislation.
Communications addressed to us should preferably be sent through the customer support channels indicated in the “contacts” section of our website. Without prejudice to what is specified in article 18, we reserve the right to send you any communications by e-mail or by post to the address provided to us at the time of placing the order.
Communications will be considered as received and adequately notified respectively when posted on our website, 24 hours after sending an e-mail, or three days after the date of shipment. To prove the notification of a communication, it will be sufficient to demonstrate, in the case of a letter, that it was correctly addressed, stamped and handed over to the postal service and, in the case of an e-mail, that it was sent to the email address of the recipient.
20. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding for both you and us, as well as for our respective successors and successors in title.
You are prohibited from transferring or assigning in any way the Contract, or any of the rights or obligations arising therefrom, without our prior written consent. We are entitled to transfer, assign, sub-contract or dispose freely in any way and at any time of the Contract, or of any right or obligation deriving therefrom. No transfer, assignment, subcontracting or other act of disposition regarding the Contract will have any impact on your rights or make them cease to exist, nor will it reduce or limit in any way any of the guarantees or assumptions of responsibility given by us, explicitly or implicitly.
The resale or transfer for any commercial or professional purpose of the products purchased on this Website is expressly prohibited.
21. FORCE MAJEURE
We will not be liable in any way for breaches or delays in the performance of any of the obligations under the Contract caused by events which are beyond our reasonable control (“Force Majeure Events”).
By Force Majeure Events we mean any act, event, non-occurrence, omission or accident beyond reasonable control; this expression includes by way of example but not limited to what is specified below:
1. Strikes, lockouts or other trade union unrest.
2. Riots, revolts, invasions, terrorist attacks or threats of terrorist attacks, wars (whether declared or not), or threats of war.
3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.
4. Inability to use railways, shipping, air, motor transport or other means of public or private transport.
5. Inability to use public or private telecommunications networks.
6. Acts, decrees, laws, regulations or restrictions of any government.
7. Any maritime, postal or other major transportation disaster or accident.
It is understood that performance of the obligations under the Contract will be suspended for the entire duration of the Force Majeure Events. We will be granted an extension for the performance of the Contract equal to the duration of this period. It is understood that, despite pending Force Majeure Events, we will strive to find a solution allowing us to comply with our contractual obligations.
If we fail, during performance of the Contract, to demand the exact fulfilment of any of your obligations, or any of the obligations under these General Conditions, or fail to exercise any of the rights or actions to which we are entitled pursuant to the Contract or these General Conditions, this will not constitute a waiver of such rights or actions and will not release you from the fulfilment of the related obligations.
Our possible tolerance of any non-fulfilment on your part will not constitute a waiver of action in the event of any subsequent non-fulfilment.
No waiver by you with respect to any of your obligations under the Contract or these General Conditions will be valid unless communicated in writing, in accordance with the provisions of articles 18 and 19 above.
23. PARTIAL NULLITY
If any article (or part of an article) of the General Conditions, or any of the provisions of the Contract, should be judged invalid, illegal or unenforceable by the competent authority, this article, clause or provision will be deemed void, while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.
24. ENTIRETY OF THE CONTRACT
These General Conditions, as well as any document expressly referred to herein, represent the entire agreement between you and us regarding the subject matter of the Contract and replace any previous agreement, understanding or pact between us, whether oral or written.
Both you and we acknowledge that, in executing the Contract, neither you nor we have relied on any representation, commitment or promise made by the other party, or inferable from what was said or written during the negotiations preceding the Contract, but only on what is expressly stated in these Conditions.
Both you and we will be entitled to remedy any misrepresentations made by the other party, either orally or in writing, prior to the date of each Contract (unless such misrepresentations have been made maliciously), and the only actions that the other party may undertake will be for breach of Contract, as provided for in these Conditions.
25. RIGHT TO AMEND THESE CONDITIONS
We reserve the right to revise and change these Conditions at any time.
You will be subject to the General Conditions in force at the time of the order, unless amendments must be made to the General Conditions in accordance with the law or at the request of a government authority (in which case it will also apply to orders already sent to us).
26. APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through this website are governed by Italian law, without prejudice to any alternative mandatory rule, more favourable to you, applicable in your country of habitual residence.
In the event of legal action, the court of the place of residence or domicile of the consumer will have jurisdiction over any dispute arising from or relating to the use of the website or to such contracts. If you reside or have your domicile in a territory other than the Italian State, you may choose whether to file a claim with the court of your place of residence or domicile or with the Court of Vicenza, since the company Maizena has its registered office in Italy in Trissino (province of Vicenza).
This clause does not in any way prejudice your rights under law as a consumer.
27. REQUESTS AND COMPLAINTS
For any comments, suggestions, requests for information or complaints, please contact us using the customer support channels specified on our website.
Our customer service will handle the requests and complaints received as soon as possible and, in any case, in compliance with the legally established terms.
If as a consumer you believe that your rights have been infringed, you can address your complaints to us via the e-mail address [email protected] in order to seek an out-of-court settlement of any dispute.
To this end, and in accordance with EU Regulation no. 524/2013 we inform you that you have the right to request an out-of-court resolution of disputes relating to orders placed through this website using the European platform ODR (Online Dispute Resolution) http://ec.europa.eu/consumers/odr made available by the European Commission for the out-of-court settlement of disputes arising from contracts for goods and services concluded online between consumers and professionals.