General Conditions of Use - The following conditions of use govern the contractual relationship between MA.FE. SRL and customers who use the site www.youdreamitaly.com.
MA.FE. SRL may modify, integrate or update, in whole or in part, these General Conditions of Use which will be binding as soon as they are published on the website in this same section.
We therefore invite users of www.youdreamitaly.com to regularly access this section to check the publication of the most recent and updated General Conditions of Sale of the website.
Owner of the e-commerce site www.youdreamitaly.com ( MA.FE. SRL )
MA.FE. SRL
Via E. Scaglione, 379/C
80145 – Marianella – NA -
E-Mail. [email protected]
VAT number / Tax Code: IT09642191218
1 - Scope of application, definitions - The contractual relationship between MA.FE. SRL ( hereinafter "Supplier") and the customer of the online store www.youdreamitaly.com, is subject to the following terms and conditions of use. Different contractual conditions are not recognized.
- The customer is a final consumer of the products purchased, unless the products ordered are used in the context of his professional activity.
The right of withdrawal applies only to European Consumers.
The use of this Website and the Service is reserved for Users of legal age pursuant to applicable law.
2 - Conclusion of the contract - The customer can choose the products on sale on the MA.FE. SRL e-Commerce by selecting one of the categories in the PRODUCTS “menu”. To add one or more products to the electronic cart, simply select the "Add to cart" button, then the general summary of the electronic cart will be displayed. The total of the products added to the cart will be updated automatically and in real time. At any time it will be possible to add or remove products from the cart, or modify the selected quantities. Once the selection of the desired products has been completed, to continue with the purchase select the "Confirm Purchase" button to complete the order and payment procedure. To complete the order procedure, the customer must accept the conditions of sale.
- Following the completion of the order procedure, MA.FE. SRL will send the customer an automatic confirmation via email, which will contain the order placed. The company MA.FE. SRL is not responsible for any Antivirus or Antispam that block the automatic email.
- This confirmation of receipt of the order does not constitute acceptance of the offer, but is only to inform the Customer that his order has been received by MA.FE. SRL. Acceptance of the order will be confirmed to the Customer via a further electronic message (e-mail) only after the customer has made the payment (according to the methods provided on the site). The shipment of the goods will be carried out only after payment has been made.
3 - Delivery, availability of products - If at the time of the order some chosen products are temporarily unavailable, the Customer will be informed of this by Customer care via email or telephone.
- If one or more products are unavailable for a long time (more than four weeks), the supplier will inform the customer of the impossibility of the sale, in this case the contract cannot be considered valid and MA.FE. SRL will reimburse the expenses incurred by the Customer or find another solution in agreement with the customer.
4 - Products ordered - The products ordered will remain the property of MA.FE. SRL until receipt of the total payment. The goods will be shipped only after MA.FE. SRL has received the payment.
5 - Prices, methods and shipping costs - All prices indicated on the website are expressed in Euro (€) and include VAT.
- Shipping costs are calculated and declared for each shipment during the final stage of completing the order form. The cost is given by the sum of the weights or volumetric weights and the country of destination. Any costs that cannot be managed through the E-commerce site (Remote Areas, Bulky Shipments not manageable from the cart etc ...) will be communicated by the Customer Care of MA.FE. SRL. Shipping costs are paid by the Customer. Shipping costs are visible and can be consulted on the relevant information page on the e-commerce site (see the "Shipping and delivery" section).
- The goods are shipped via specialized express courier.
6 - Payment methods and conditions - The Customer can pay with PayPal , credit card, bank transfer, and other forms of payment through international gateways and only in ITALY also with postepay and cash on delivery.
- Payment of the purchase price is due at the time of ordering. In the event that the buyer has selected the "Bank Transfer" payment method in the order form, the customer undertakes to pay the order price via bank transfer.
- Further information and details on the payment methods and conditions are visible and can be consulted on the relevant information page on the e-commerce site (see Payment Methods section)
Details regarding the accepted payment methods are highlighted during the purchase procedure.
Some payment methods are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Website.
All payments are handled independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful.
In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions resulting from the failed or rejected payment are borne by the User. In the case of payment by bank transfer, until the payment is accepted by the bank, the payment cannot be confirmed.
Retention of title
Until the Owner has received full payment of the purchase price, the User does not acquire ownership of the Products ordered.
Reservation of rights of use
Until the Owner has received full payment of the purchase price, the User does not acquire the rights to use the Products ordered.
Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Failure to deliver
The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been appointed by the User.
The Customer acknowledges and accepts that in the event of impossibility of delivery of the Products due to his (or the person responsible for receiving the shopping) absence at the time of delivery, the Products will not be cancelled from the order and the relative amount will not be credited back to the Customer.
In the event that the goods are not delivered or collected at the time or within the time limit established and are returned to the Owner. The Owner undertakes to contact the User to schedule a second delivery attempt or to agree on further measures.
Unless otherwise specified, each delivery attempt starting from the second will be at the User's expense.
7 - Warranty - The supplier is responsible for any defects in the products, in accordance with the provisions of the law. Some products may have colors and/or types of packaging different from those displayed on the e-commerce site www.youdreamitaly.com. Since these are handcrafted products, small variations are considered natural and therefore cannot be considered as a reason for complaint and/or return of the purchased goods.
8 - Liability - In the event of a breach of contract by the supplier, the latter is required to compensate for the damage only if caused by obvious negligence. Claims for compensation for damage to health, injury to life and physical safety are not accepted.
- The provisions of the law on manufacturer liability remain unchanged.
9 - Right of withdrawal - The private buyer has the right to withdraw from the contract concluded with MA.FE. SRL, without any penalty, upon notification within 7 (seven) days of receipt of the goods. For perishable and fresh items The customer has the right to withdraw from the purchase of fresh goods at risk of deterioration if, upon receipt, the product is altered or does not have the characteristics specified at the time of purchase. The right of withdrawal for products at risk of deterioration may be exercised by sending, within 24 hours of receiving the goods, a written communication to [email protected]. The communication must indicate the description of the products you intend to return.
- The right of withdrawal is communicated via email to [email protected], or by registered letter addressed to: MA.FE. SRL Via E. Scaglione, 379/C - 80145 – Marianella – NA -. The right of withdrawal applies only to products that are intact at the time of return and cannot be exercised for those that have been opened or partially consumed
- The costs for any return of the goods are borne by the Customer. The goods must be returned and delivered to the following address: MA.FE. SRL Via E. Scaglione, 379/C - 80145 – Marianella – NA -
- In the event that the withdrawal request is valid, the supplier will refund the money already paid by the customer.
10 - Privacy Policy - The supplier takes the Customer's data strictly necessary to carry out the sale of the requested products. Without the customer's consent, the supplier will not be able to use the data collected for other purposes other than the sale of its own products.
- Without the customer's consent, the supplier will not be able to use personal data for market research, opinion polls, etc.
- The customer always has the possibility to check or modify his/her account and the related personal data, stored on the website www. youdreamitaly.com, through "THE CUSTOMER AREA".
- For further information regarding the processing of personal data, please read the relevant "Privacy" information page on the website.
11 - Final provisions - All contracts stipulated between the supplier and the customer are governed by the law of the Italian Republic.
- In the event of disputes between the Customer and the Supplier, the Court closest to the supplier's headquarters will have jurisdiction, without prejudice to all attempts and instruments of amicable conciliation of the dispute, according to current practices and laws.
- The contract is binding in all its individual articles.
12 - Intellectual property rights - The contents of www. youdreamitaly.com, such as, by way of example, the works, images, photographs, drawings, figures, logos and other distinctive signs, dialogues, music, sounds and videos, documents and any other material, in any format, published on the site, including the menus, web pages, graphics, colours, schemes, tools, characters and design of the website, diagrams, layouts , methods, processes, databases, functions and software that are part of www. youdreamitaly.com, are protected by copyright and any other intellectual property rights of MA.FE. SRL. Reproduction, in whole or in part, in any form, of www. youdreamitaly.com and its contents of any type and nature
is prohibited without the express written consent of MA.FE. SRL . MA.FE. SRL has the exclusive right to authorize or prohibit the reproduction, direct or indirect, temporary or permanent, in any way or form, in whole or in part, of www. youdreamitaly.com and its contents.
Regarding the methods of use of www. youdreamitaly.com, the user is authorized exclusively to view the website and its contents. The user is not authorized to perform any reproduction, on any medium, in whole or in part of youdreamitaly.com and its contents. Any act of reproduction must be authorized, from time to time, by MA.FE. SRL , if necessary, by the authors of the individual works contained in the website.
Such reproduction operations must in any case be performed for lawful purposes and in compliance with the copyright and other intellectual property rights of MA.FE. SRL and the authors of the individual works contained in the website. The user who accesses the site www. youdreamitaly.com undertakes to respect the right of intellectual property.
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyright, trademarks, patents and designs relating to this Website are held exclusively by the Owner or its licensors and are protected under applicable legislation and international treaties relating to intellectual property.
All trademarks - denominative or figurative - and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties on intellectual property.
13 - Trademarks and domain names - MA.FE. SRL is the exclusive owner of the right to use the youdreamitaly and "www.youdreamitaly.com" logos and any other distinctive sign that includes the word "youdreamitaly", including the domain names "www. youdreamitaly.com".
All other distinctive signs that distinguish the products sold on youdreamitaly.com and the companies present on the website are registered trademarks of their respective owners, and are used within youdreamitaly.com for the sole purpose of distinguishing, describing and advertising the products for sale on the site and the respective companies.
The user is not authorized, except with the consent of MA.FE. SRL and any other owner of registered trademarks, published on the website, to use said trademarks, to distinguish products or services even if not similar to those of www. youdreamitaly.com or other trademark owners, nor for any other protected use.
Any use of said trademarks not in compliance with the law and not authorized, is prohibited and entails serious legal consequences.
14 - Links to other websites - www. youdreamitaly.com contains connections (links) to other websites, of partners, customers, local public bodies, associations and other economic operators, which have no legal connections with MA.FE. SRL.
MA.FE. SRL does not control such websites, and does not carry out monitoring operations on them and their contents and functions. MA.FE. SRL cannot be held in any way responsible for the contents of these websites and the rules adopted by them also with regard to privacy and the processing of the user's personal data during navigation operations.
The user is invited to pay the utmost attention when connecting to these websites, through the links on www. youdreamitaly.com, and to carefully read their conditions of use and privacy regulations. We remind you, in fact, that the General Conditions of Use and the Privacy Policy of www. youdreamitaly.com do not apply to websites managed by parties other than MA.FE. SRL.
15 – Contents -
The image was taken when the product was added to the site and is purely representative.
Ignore any expiration dates on the packaging.
Manufacturers may change the recipe, allergens or ingredients of the products as well as the packaging without notice. The information may therefore differ from that shown on the site. MA.FE. Srl
It is recommended to carefully read the label, warnings and instructions on the package before consuming or using the product.
CONTENTS ON THIS WEBSITE
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the addresses specified in this document.
RIGHTS TO THE CONTENTS OF THIS WEBSITE
The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing , transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, nor from allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.
The limitations and exclusions provided for by copyright law remain unchanged.
USER-PROVIDED CONTENT
The Owner allows Users to upload, share or offer their own content on this Website.
By providing content to this Website, the User declares that he/she is legally authorized to do so and confirms that such content does not violate any law and/or third party rights.
The additional requirements that the contents must satisfy to be considered “acceptable” are specified in the relevant section of this Website where the permitted use is specified.
RIGHTS TO CONTENT PROVIDED BY USERS
The User acknowledges and accepts that by providing his/her own content to this Website he/she grants the Owner, free of charge, the non-exclusive right to process the content for the purposes of operation and maintenance of this Website, as contractually provided.
To the extent permitted by law, you waive any moral rights you may have in connection with content you provide to this Website.
Users acknowledge and accept that the content they provide through this Website will be made available under the same conditions applicable to the content of this Website.
RESPONSIBLE FOR THE CONTENT PROVIDED
The User is solely responsible for the content uploaded, published, shared or otherwise provided to this Website. The User acknowledges and accepts that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, block or rectify such content at its sole discretion and to deny access to this Website to the User who uploaded it without notice:
• if you have received a complaint in relation to such content;
• if you have received a notification of infringement of intellectual property rights;
• by order of the Authority;
if the Owner has been made aware that such content, if accessible through this Website, may represent a risk for Users, for third parties or for the availability of the Service.
The removal, deletion, blocking or rectification of content does not justify any claim for compensation, reimbursement or indemnity by the Users who provided such content.
Users agree to hold the Owner harmless from and against any claims made and/or damages suffered due to content provided by them to or offered through this Website.
16 - ACCOUNT REGISTRATION
To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. However, in this case, certain functions may not be available.
It is the Users' responsibility to keep their login credentials safe and confidential. To this end, Users must choose a password that corresponds to the highest level of security available.
By creating an account, the User agrees to be fully responsible for all activities carried out under his/her login credentials.
Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, unlawfully disclosed or stolen.
Registration of a User account on this Website is subject to the conditions specified below. By registering an account, the User confirms that he/she meets these conditions.
Opening accounts via bots or other automated means is not permitted.
Unless otherwise specified, each User may create only one account.
ACCOUNT CLOSURE:
The User is free to close his/her account and cease using the Service at any time by following this procedure:
By contacting the Owner at the contact details in this document, or by following the automatic procedure available in the personal area.
ACCOUNT SUSPENSION AND CANCELLATION:
The Owner reserves the right to suspend or cancel a User's account at any time at its sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
Suspension or cancellation of the account does not give the User any right to compensation, refund or compensation.
Suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
17 - PERMITTED USE
This Website and the Service may only be used within the scope of the purposes for which they are offered, under these Terms and applicable law.
It is the User's sole responsibility to ensure that his or her use of this Website and/or the Service does not violate any law, regulation or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any reprehensible activity carried out through this Website or the Service to the competent authorities - e.g. judicial or administrative authorities - whenever the User engages or is suspected of engaging in:
violations of laws, regulations and/or the Terms;
infringement of third party rights;
actions that may significantly harm the legitimate interests of the Data Controller;
offences to the Owner or to a third party.
18 - SOFTWARE LICENSES
Any intellectual or industrial property rights, as well as any other exclusive rights existing on the software or technology integrated in or relating to this Website are held by the Owner and/or its licensor.
Provided that the User complies with these Terms and notwithstanding any divergent provision contained therein, the Owner grants Users a revocable, non-exclusive, non-assignable and non-sublicensable license to use the software and/or technology integrated into the Service within the framework and for the purposes of this Website and the Service offered.
The license does not include any right of access to, use or disclosure of the original source code to the User. The techniques, algorithms and procedures contained in the software and the related documentation are the exclusive property of the Owner or its licensor.
The grant of rights and licenses to you terminates immediately upon termination or expiration of the Agreement.
19 - Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Continued use of the Service constitutes User's acceptance of the updated Terms. If User does not wish to accept the changes, User must cease using the Service. Failure to accept the updated Terms may entitle either party to terminate the Agreement.
The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Owner.
If required by applicable law, the Owner will specify the date by which the changes to the Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.
The provisions regarding the modification of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
Safeguard clause
If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
European users
If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to find, in an amicable manner, a valid and effective provision to replace the void, invalid or unenforceable provision.
In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.
Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.
Applicable law
The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has his/her habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
20 - Dispute Resolution
Amicable settlement of disputes
Users may report any disputes to the Owner, who will try to resolve them amicably.
Without prejudice to the right of Users to take legal action, in the event of disputes relating to the use of this Website or the Service, Users are requested to contact the Owner at the contact details indicated in this document.
The User may address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Data Controller will process the request without undue delay and within 2 days of receiving it.
Consumer dispute resolution platform
The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court resolution of disputes relating to and arising from online sales and service contracts.
Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available online at the following web address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage