Terms and conditions of service
General Conditions of Sale – MACINO FINE FOOD
- Premise
All commercial relationships between MACINO FINE FOOD and its customers are governed exclusively by the following general conditions of sale, excluding any other agreements unless specifically agreed in writing. Placing an online order implies full acceptance of the following conditions.
The site offers alcoholic beverages and products containing alcohol. In accordance with current regulations, these can only be purchased by adults. By adding these items to your cart, you confirm that you are of legal drinking age.
2 Technical Information
The technical information on the website https://macino.simply.site/ is derived from information published by the manufacturers of the products included in our catalog. Macino fine food reserves the right to modify/adjust the technical and dimensional information of the products in the catalog, based on information provided by the manufacturers, even without prior notice; this does not apply to orders already submitted and accepted.
- Orders
Orders can only be placed online. Customers who place orders online will receive, at the end of the order process, a confirmation that their order has been entered into our information system. Confirmation of order acceptance or rejection (for accounting, administrative reasons, or product shortages) will be sent later via email. When placing your first order, some fields are required; upon returning to our site (as a registered user), simply enter your User ID and Password to view and modify your information. Management of your User ID and Password is the sole and absolute responsibility of the customer.
- Prices
All prices listed on the site include VAT. List prices and discounts are subject to change at any time, without notice, except for orders already accepted.
- Product Availability
Macino Fine Food does not guarantee the certainty of assignment of the ordered goods until the order itself has been accepted and the acceptance communicated to the customer.
- Shipping and deliveries
Unless otherwise agreed, shipments will be made via carriers designated by Macino fine food. In this case, the goods travel at Macino fine food's risk. In the event of theft/loss confirmed by the carrier, Macino fine food undertakes to send a new product. If the new product is unavailable and/or out of stock, Macino fine food will offer a different product with equivalent characteristics. The customer has the right to refuse the new product and request a credit note for the product itself. List prices do not include shipping, handling, or installation costs. In the event that the carrier is appointed, in any capacity, by the customer, Macino fine food will not be responsible for product loss and/or damage from the moment the goods are delivered to the carrier at its warehouses. Shipping costs will be calculated when the order is placed. Deliveries requiring exceptional or additional services must be expressly agreed upon at the time of ordering; therefore, no subsequent complaints will be accepted. Upon receipt of the goods, even if the packaging is intact, the customer is required to immediately verify the conformity of the goods with the purchase order. Specifically, the customer must verify the integrity of the goods and their quantitative and qualitative consistency with the order and accompanying document. Any discrepancies or apparent defects in the products must be reported upon receipt, at which time the customer is asked to carefully inspect the goods. Any reports made in any other manner will not be taken into consideration. The customer will be liable for any damage resulting from false reports and declarations.
- Payments
Payment Methods:
PayPal, Credit Card, Bank Transfer. Products ordered by the customer will be held until proof of payment is received, which must be sent to Bono Srl via email no later than 24 hours after the order is accepted. The order will be shipped only once the amount due has been credited to Macino fine food's account, which must occur within 7 business days of the order being accepted. After these deadlines, the order will be automatically cancelled. The reason for the bank transfer must include: - the order reference number; - the order holder's name and surname. For each order placed, Macino fine food will issue a receipt or invoice for the shipped goods, sending it via email to the order holder or allowing it to be downloaded from the website. No changes to the invoice will be possible after it has been issued.
- Right of withdrawal
The right of withdrawal allows the consumer to withdraw, within fourteen business days, from any online purchase and receive a full refund of the purchase price without penalty. However, the right of withdrawal is excluded in the following cases, pursuant to art. 55 of Legislative Decree 21/2014: - orders of products packaged to order or clearly personalized; - orders of products that are liable to deteriorate or expire rapidly; - orders of sealed products that are not suitable for return due to hygiene or health protection reasons, or that were opened after delivery. With regard to the cases where the right of withdrawal is excluded, the customer is specifically informed and accepts that products that are "liable to deteriorate or expire rapidly" include all food products (including fresh and packaged food products, wines, spirits, and beverages), as the characteristics and qualities of these types of products are subject to alteration, including as a result of inappropriate storage. Therefore, for hygiene and customer protection reasons, the right of withdrawal does not apply to products sold by Macino fine food. Likewise, non-consumer customers purchasing with a VAT number cannot exercise the right of withdrawal under any circumstances.
- Exclusion of product returns for hidden defects
Given the particular nature of the goods sold by Bono Srl, the product is accepted by the customer in its actual state and in the conditions in which it is found at the time of acceptance of these conditions (the "seen and liked" clause). It is not possible to report the occurrence of hidden defects, nor request their return.
- Limitations of liability
Macino fine food cannot be held liable to the customer under any circumstances, except in cases of willful misconduct or gross negligence, for any disruptions or malfunctions related to the use of the internet beyond its control. Macino fine food will also not be liable for damages, losses, or costs incurred by the customer as a result of failure to perform the contract for reasons not attributable to the customer. The customer is only entitled to a full refund of the price paid.
- Force majeure
Macino fine food cannot be held liable for failure or delay in fulfilling its obligations due to circumstances beyond its reasonable control, such as force majeure events or unforeseen and unforeseeable events beyond its control. Macino fine food's fulfillment of its obligations will be suspended for the period during which force majeure events occur. Macino fine food will take all steps within its power to identify solutions that allow for the proper fulfillment of its obligations despite the persistence of force majeure events.
- Links to third-party sites
The website may contain links to third-party websites/applications. Bono Srl has no control over these websites and, therefore, is in no way responsible for their content.
- Protection of personal data
For all requirements and information regarding the organization's personal data processing and the related purposes, please refer to the specific information on the website, where the cookie policy is also available. Please note, in any case, that pursuant to art. Pursuant to Article 130 of Legislative Decree 196/2003, the so-called Privacy Code, as amended by Legislative Decree 101/2018, the processing of personal data for commercial purposes through email may be lawfully carried out provided that the email address is provided in the context of the sale of a product or service, provided that the messages are sent for the direct sale of products and/or services provided by the data controller, provided that the services in question are similar to those being sold, and provided that the data subject, having been adequately informed, does not object to such use initially or in subsequent communications, and provided that the data subject is guaranteed the opportunity to "opt out of the processing at any time, easily and free of charge" (so-called soft spam). Therefore, Macino fine food will lawfully send commercial emails offering/promoting services similar to those previously provided to its customers.
- Applicable law and dispute resolution
The General Conditions of Sale are governed by Italian law and, in particular, for Consumer Users, by Legislative Decree No. 206 of 6 September 2005 (Consumer Code), with specific reference to the regulations on distance contracts, and by Legislative Decree No. 70 of 9 April 2003 on certain aspects of e-commerce. All disputes arising from this contract will be submitted to an attempt at conciliation at the Mediation Body of the Udine Chamber of Commerce and resolved in accordance with the Conciliation Rules adopted by the same. If the Parties intend to bring any dispute concerning the validity, interpretation, or execution of these General Conditions of Sale before the ordinary judicial authorities, the court of the consumer's place of residence or domicile shall have jurisdiction. Consumer Users residing in Europe acknowledge that the European Commission has established a system for resolving disputes with companies arising from purchases of goods and services made online or through online marketplaces out of court.
- Postponement
This agreement is governed by Italian law. For anything not expressly provided for herein, the laws applicable to the relationships and situations envisaged in this agreement apply, and in particular Article 6 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I Regulation). Pursuant to Article 60 of the Consumer Code, the provisions of Part III, Title III, Chapter I of the Consumer Code are expressly referred to herein. These conditions are updated as of 01/03/2023 and may be modified without notice, without prejudice to orders already accepted.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the customer, after having carefully and specifically read and understood them, expressly approves and accepts the following clauses: No. 8; No. 9, paragraph 9.