Article 1 – Scope of application and identity of the Seller.
⦁ The following General Conditions of Sale govern the offer and sale of products on this website www.mammma.it (Site). The products marketed on the Site (Products) are offered and sold by FRA.GI. S.r.l.s. (Tax Code and VAT number 10283991213), company registered in the Naples Business Register (REA number NA-1094480), with registered office in Via Pontecitra 32, 80034 Marigliano (Na) - Italy. The sale of Products through the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree 06 September 2005, No. 206 (Consumer Code) and by Legislative Decree 09 April 2003, No. 70, containing the regulation of electronic commerce.
⦁ It is possible to request information, send communications, request assistance or file complaints by contacting FRA.GI. S.r.l.s. in the following ways:
⦁ by email, at info@mammma.it;
⦁ by phone, on +39 346 379 1108 (Monday to Friday from 9 to 17)
⦁ by completing and sending the "Form on line" form available on the page ⦁ www.mammma.it/pages/servizio-consumatori, selecting the reason "E-SHOP – Acquisti on line".
MAMMMÀ will respond to the complaints presented within six working days of receipt of the same.
⦁ Access to sales made through the Site is reserved exclusively for users who have reached the age of 18. Access to the offers on the Site is permitted to users who are Consumers. Please note that for "Consumer", pursuant to art. 3, I paragraph, lett. a) of the Consumer Code, means the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
⦁ With reference to sales made on the Site, MAMMMÀ offers its Products, carries out deliveries and undertakes exclusively on the basis of these General Conditions of Sale.
⦁ Italian is the only language in which these General Conditions of Sale are expressed as well as the one at your disposal for the conclusion of the Contract for the purchase of products on the Site.
Article 2 – Registration on the Site. Information aimed at concluding the Contract.
⦁ The purchase of Products on the Site can only take place by registering on the Site. Registration is free. To register, you must access the home page of the Site, click on the "Create new account" button and fill in the relevant form. After that he will receive from MAMMMÀ an e-mail confirming the successful registration containing the credentials for accessing the Site. In compliance with Legislative Decree 09 April 2003, No. 70, containing provisions on electronic commerce, MAMMMÀ informs you that to conclude the Purchase Agreement for one or more Products on the Site, you will have to fill in an "Order Form" in electronic format and send it to MAMMMÀ, electronically, following the instructions that will appear from time to time on the Site and which will accompany the various phases of the purchase.
⦁ After having placed one or more Products in the "Shopping Cart" and before proceeding with sending the Order, you will be able to check, and, if necessary, modify and/or correct the data entered in your Order. By clicking on the "Buy" button, you place a binding order. The contract is concluded when the "Order Form" reaches the server MAMMMÀ.
⦁ After receipt by MAMMMÀ of the "Order Form", you will receive (at the email you indicated when registering on the Site) the "Order Confirmation", containing the particular conditions applicable to the contract as well as information relating to the characteristics of the Products purchased, detailed indication of the price, the means of payment used, information on delivery costs (if applied) and on any additional costs, as well as the Consumer Service contacts you can contact to request assistance and/or file complaints.
⦁ The minimum value of each Order must be equal to 16 Euros.
⦁ The "Order Form" will be archived in the database of MAMMMÀ for the time necessary to process the Order and, in any case, in accordance with the law. To access your "Order Form" you can consult the "Your Orders" section of the Site where you will find the list of all Orders placed.
Article 3 – Products to give and Greeting Card.
⦁ If you wish to order Products to give to someone, you have the option of having them delivered directly to the gift recipient's home. When viewing the products in the "Cart", at the bottom of the page you will find the question "Is this order a gift?". You can enter your greeting message before proceeding to checkout, where you will have to enter the shipping data of the recipient of your gift.
The recipient of the gift will not receive any indication of the prices of the Products received. The payment receipt or invoice will be sent to the email address you provided when registering on the Site.
⦁ If you are giving a gift, MAMMMÀ It offers you the possibility to include a "Greeting card" inside the box. You can enter your greeting message in the "Cart". The text of the message must comply with all applicable laws on the subject, and must not: - infringe the rights of third parties (including any copyright, database rights or rights relating to third party brands); - contain defamatory material against third parties; - contain abusive, offensive, obscene, intimidating, violent, harassing, inciting hatred, inflammatory material; - damage the privacy of others, or cause annoyance, embarrassment, alarm. MAMMMÀhas the right, but not the obligation, to examine the text and has the right, in its complete discretion, to determine whether there has been a violation of this article. MAMMMÀ will exercise this right if it deems it appropriate and reserves the right, at its discretion, not to include the "Greeting Card" in the packaging containing the Product. The design and graphics of the "Greeting Card" will be determined at the discretion of MAMMMÀ
Article 4 – Prices. Delivery costs.
⦁ The prices displayed on the Site include taxes and duties (if applicable). Delivery costs in Italy are free for purchases over a total amount of 59.00 Euros, except for dedicated promotions. If the order is equal to or less than 59.00 Euros, the delivery costs throughout the Italian territory will be equal to 6.50 Euros. MAMMMÀ ships its products only within the Italian borders.
⦁ The price of the Products can be changed by MAMMMÀ at any time, without notice, on the basis of promotions and special prices, it being understood that the price charged to you will be the one published on the Site at the time the Order is sent. Any price changes (increases or decreases) subsequent to the transmission of the Order will not be taken into account.
Article 5 – Payment terms. Nonpayment.
⦁ Payment for the Products can be made optionally with:
- Visa and MasterCard credit card;
- Maestro circuit credit cards including Postepay;
- American Express credit card;
- Paypal;
- Klarna;
- Scalapay;
- Bank transfer.
⦁ In the case of payment by credit card, the total amount due, consisting of the purchase price, delivery costs, if applied, and any other additional cost, as indicated in the "Order Form" (Total Total), will be charged to your credit card, following the conclusion of the purchase process and before the shipment of the Product.
⦁ In the event that you default on any payment, legal interest will accrue to you from the due date.
⦁ If you choose PayPal as the means of payment, you will be redirected to the site
⦁ www.paypal.it⦁ where you will pay for the Products on the basis of the procedure established and governed by PayPal and the terms and conditions of the contract agreed between you and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with MAMMMÀ. The latter is therefore not able to know and does not store in any way the credit card data connected to your PayPal account, or the data of any other payment instrument connected with this account. The Grand Total will be debited by PayPal at the same time as the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of refund, for any reason, the refund amount due to you will be credited to your account PayPal. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, MAMMMÀ cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which you must contact PayPal directly.
⦁ If you need an invoice, after selecting the payment method you prefer in the checkout, just click on the "I need an invoice" box and enter your tax information for a correct issue of the same. If not requested, it will no longer be possible to issue it once the Order has been completed.
Article 6 – Compensation.
Any set-off between your credit against a debt to MAMMMÀ, which arose in relation to the Contract for the purchase of Products on the Site, can only take place in the cases provided for by articles 1241 and following of the Civil Code.
Article 7 – Delivery.
⦁ Unless otherwise agreed, the Products will be shipped from the warehouse of MAMMMÀ to the address indicated by you in the relevant Purchase Order. The shipping costs of the Products and any other additional costs are charged to the user, unless otherwise indicated. Their amount will be expressly and separately indicated (in Euros and inclusive of VAT if due) in the summary of the Order, and, in any case, before the user proceeds with the transmission of the same, as well as in the Order confirmation email.
⦁ Delivery is not made in the Republic of San Marino, in the Vatican City State and in Livigno, or to post office boxes or postal stops. In the event that the shipping address is at one of these locations or at a post office box or post office, MAMMMÀ will proceed to terminate the contract pursuant to and for the purposes of art. 1456 of the civil code and the reimbursement of the "Total Total", if already paid, in the manner set out in art. 7.3 below.
⦁ The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the Purchase Order. In the event of unavailability of the ordered Product, you will be promptly informed by email or by telephone and will therefore be entitled to immediately terminate the contract.
In the event that you exercise the right of termination and the payment of the amount due has already taken place, MAMMMÀ will refund this amount within the maximum term of fifteen working days from the sending of the Order. This amount will be credited to the same payment method you used for the purchase. Any credit delays may depend on the bank, the type of credit card or the payment solution used.
7.4 Delivery of the ordered Products will take place within six working days of placing the order, starting from the assignment of the order to the courier. During the Christmas, Easter and special discount periods, deliveries may be delayed.
⦁ In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated on the Site, you, pursuant to art. 61 of the Consumer Code, can invite MAMMMÀto carry out the delivery within an additional term appropriate to the circumstances (Supplementary Term pursuant to Article 61, III paragraph, Consumer Code). If this additional term expires without the Products being delivered to you, you are entitled to terminate the contract (Termination of the Contract pursuant to Article 61, paragraph III, Consumer Code). In the event of Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code, MAMMMÀHe will refund you the Grand Total. Reimbursement will take place in the manner set out in art. 7.3.
Article 8 – Retention of title clause.
⦁ The Products will remain the property of MAMMMÀ until you have paid the Grand Total. The risk of loss or damage to the Products, for reasons not attributable to MAMMMÀhowever, it will be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products.
⦁ MAMMMà will process the Purchase Order, and then ship the purchased Products, only after receiving confirmation of the authorization to pay the Total Total. In the event that the Total Total is not paid, or the successful outcome of the payment is not confirmed, the Purchase Contract will therefore be considered automatically terminated pursuant to and for the purposes of art. 1456 of the civil code You will be notified by email of this termination and the consequent cancellation of the Order.
Article 9 – Information regarding the right of withdrawal and form for exercising the right of withdrawal.
⦁ If you act as a consumer, you have the right of withdrawal pursuant to articles 52 et seq. of the Consumer Code.
⦁ You have the right to withdraw from the Purchase Agreement within fourteen calendar days without having to provide any reason and without incurring costs other than those provided for in art. 9.5. The withdrawal period expires after fourteen days:
⦁ in the case of an Order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
⦁ in the case of an Order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
⦁ To exercise your right of withdrawal, you must inform MAMMMÀ of your decision to withdraw from the purchase contract, to the following addresses:
FRA.GI. S.r.l.s.
Address: Via Pontecitra 32, 80034 Marigliano (Na) – Italy
Email: info@mammma.it
Telephone: +39 346 379 1108 (Monday to Friday from 09 to 17
- The phone number will be inactive from August 1st to August 31st inclusive -
by submitting an explicit declaration (for example, an email or a letter). You can also use the "Model Withdrawal Model" made available on the Site. If used, the "Model Withdrawal Model" must be sent to MAMMMÀ to the above addresses, by email or by post.
Regardless of the method you have chosen to communicate your decision to withdraw from the purchase contract, MAMMMÀ He will send you via email, a confirmation of receipt of the withdrawal request.
⦁ If you withdraw from the contract, MAMMMÀ will refund the Total Total, including delivery costs, if incurred, no later than fourteen calendar days from the day on which it was informed of your decision to withdraw from the contract. The refund will be made using the same payment method you used for the initial transaction.
⦁ MAMMMà will withhold the refund until it has received the Products.
⦁ You must return the Products to:
FRA.GI.
S.r.l.s.
Address: Via Pontecitra 32, 80034 Marigliano (Na) – Italy
without undue delay and in any case no later than fourteen days from the date on which you communicated your decision to withdraw from the contract. The deadline is met if you send back the Products before the fourteen-day period has expired.
⦁ You are only responsible for any diminished value of the Products resulting from handling the Products other than what is necessary to establish the nature, characteristics and functioning of the goods.
⦁ Please do not damage or soil the Products. You are also requested to return the Products within their original protective paper or film, with all their accessories and together with their packaging components. Where appropriate, it may use protective outer packaging. If you no longer have the original packaging, please use appropriate packaging in order to provide sufficient protection against damage in transit, and thus prevent a claim against you from MAMMMÀ for damages resulting from unsuitable packaging.
⦁ Before returning any Product please contact MAMMMÀ by sending an email to info@mammma.it, communicating your intention to return the Product.
⦁ In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. MAMMMÀ will inform you within five working days of receiving the Product, rejecting the request for withdrawal. The Product, if already received at MAMMMÀ, collection will remain at your disposal at the latter, which must take place at your expense and under your responsibility.
Article 10 – Risks during transport. Damage in transit.
⦁ MAMMMÀ will bear the risk of loss or damage to the Products, for reasons not attributable to it, until you, or a third party designated by you and other than the carrier, has physically taken possession of the goods. In the event that Products that are evidently damaged during transport are delivered, you are kindly requested to notify such defects immediately and in writing to the carrier, and contact MAMMMÀ within three days to the addresses referred to in Article 1.2.
⦁ You agree to provide a MAMMMÀ adequate assistance with reference to the actions taken by the latter against the carrier or the carrier's insurance company.
Article 11 – Legal Guarantee of Conformity.
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).
Article 12 – Final provisions
⦁ In the event that one or more provisions contained in these General Conditions of Sale is or is declared invalid, this will not result in the invalidity of the other provisions. Definitions in the singular have the same meaning in the plural, and vice versa.
⦁ The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the IT systems or the computers you use to display them. Furthermore, the images of the Product in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with usage tolerances. For the purposes of the Purchase Agreement, the description of the Product contained in the "Order Form" will prevail.
⦁ If you act as a Consumer, these General Conditions of Sale are governed by (and must be implemented on the basis of) Italian law, with particular reference to the Consumer Code and Legislative Decree 09 April 2003, No. 70.
⦁ These General Conditions of Sale can be modified at any time. Any changes and/or new Conditions will be effective from the moment of their publication on the Site. For this reason, you are invited to access the Site regularly and consult, before making any purchase, the most updated version of the General Conditions of Sale.
The applicable General Conditions of Sale are those in force on the date the Purchase Order is sent.
⦁ The Italian judicial authorities are competent for any controversy or action deriving from these General Conditions of Sale. If you act as a consumer, the competent judicial authority is that of the place of your domicile or residence.