General Terms and Conditions

Effectiveness of the General Terms and Conditions
Purchase on the Store
Information about the Products
Price and Shipping
Payment methods
Billing
Transport and delivery
Right of withdrawal
Legal Warranty of Conformity
Customer Care
Applicable Law

1. Effectiveness of the General Terms and Conditions

These Terms and Conditions of Sale regulate the supply and sale of products on the website www.en.gustorotondo.it (‘Site’ or ‘Store’). The products commercialized within the Store (‘Products’) are supplied and sold by MA.DE di Maria Salvatoni & Giovanni de Simone S.N.C., with registered office in in via Boccaccio 22, Milan, Italy, registered in the Company Register of Milano with registration number 2047159, VAT 08757860963 (MA.DE).

The user shall carefully read these Terms and Conditions of Sale, made available by MA.DE in the “Terms and Conditions of Sale" section of the Store and which can be stored and reproduced, as well as other information that MA.DE provides in the Store, both before and during the purchase procedure.

The supply and sale of Products on the Store represent a distance sales contract regulated by Chapter I, Title III (Section 45 et ss.) of the Legislative Decree 6 September 2005, No. 206 (“Consumer Code") and by Legislative Decree 9 April 2003, No. 70 on electronic commerce.

The Terms and Conditions of Sale apply to all sales carried out by MA.DE on the Store.

The Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall come into force starting from their publication on the Store, in the “Terms and Conditions of Sale" section. Users are therefore invited to visit the Store on a regular basis and, prior to any purchase, to read the most recent version of the Terms and Conditions of Sale.

The applicable Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.

These Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than MA.DE, which are available on the Store through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user shall check their conditions of sale. MA.DE is not liable for the supply of services and/or the sale of products by these parties. MA.DE does not carry out any checks on and/or monitoring of the websites that can be reached through these links. MA.DE therefore takes no responsibility for the contents of these sites or for any possible mistakes and/or omissions and/or legal violations by the said websites.

The Terms and Conditions of Sale are applicable in the following States: Austria, Belgium, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Luxembourg, Malta, Principality of Monaco, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, UK.

2. Purchase on the Store

The features and the price of the products sold on the Website (hereinafter, “Product” or “Products”) are shown on the page relevant to each Product.

For purchasing the Products the Customer shall fill in and send the order form in electronic format, following the instructions on the Website. The Customer shall add the Product to the “Cart” and, after reading the General Terms and Conditions and the Privacy Policy, he/she shall insert the shipping and billing data, select the desired method of payment and confirm the order.

By submitting an order from the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions and the applicable terms of payment.

The agreement entered into between MA.DE and the Customer shall be considered as concluded once the order has been accepted by MA.DE. This acceptance is communicated to the Customer within 24 hours via an order confirmation email containing a reference to these General Terms and Conditions, the order number, the shipping and billing data, the list of ordered Products with their essential characteristics and the total price, including delivery charges.

Once the order has been received, MA.DE shall check the availability of the stocks for the fulfilment of the order.

Product availability is constantly monitored and updated. Nevertheless, since the Store may be visited simultaneously by various users, it is possible that more than one user purchases the same product at the same time. In these cases, the Product may appear as available for a short time, even though it is actually finished or not immediately available. In the event that one or more of the Products are not available, the MA.DE Customer Service shall send an email to the Customer who, within the next 12 hours, will have the right to reply in order to confirm the shipment of the Products available or cancel it. If the Customer will not reply within this time limit, the order shall be considered as confirmed and the available Products shall be shipped. In this latter case the full amount relating to missing Products shall be reversed or, depending on the chosen payment method, will not be charged to the Customer.

3. Information about the Products

Each Product is accompanied by a product information sheet which illustrates its main features (“Product Sheet"). The images and descriptions on the Store reproduce the features of the Products as faithfully as possible. However, the colours of the Products or some details of the packaging may differ from the actual ones due to the settings of the computer systems or the computers used by users to visualize them. Moreover, the images of the Product in the Product Sheet may differ in dimension or in relation to changes in the packaging. These images must therefore be understood as approximate and with the usual tolerance values. For the purposes of the purchase contract, the description of the Product in the order form transmitted by the user shall be considered valid.

4. Prices and shipping

All the prices of the Products published on the Store are expressed in Euros and are inclusive of Value Added Tax – IVA.

Currently we ship to the following countries: Austria, Belgium, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Luxembourg, Malta, Monaco, The Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, UK.

Delivery cannot be made to the following countries: Switzerland, Norway, the Canary Islands, Andorra, Liechtenstein, Turkey, Gibraltar, Aland Islands, Channel Islands, Ceuta, Melilla, Livigno and Campione d’Italia.

If the delivery address is a P. O. box, or one of the above mentioned places, MA.DE shall terminate the contract pursuant to and in accordance with Section 1456 of the Italian Civil Code and refund the Total Sum Due, if already paid.

The expenses for delivery of the Products, which may vary according to the delivery procedure chosen by the user, and any other possible cost, will be borne by the user, except where otherwise stated in the Product Information Sheet or in other parts where this is communicated. The amount of the expenses shall be expressly and separately indicated (in Euros and inclusive of VAT) in the Product Information Sheet and, in any case, before the user proceeds with the placement of the order, as well as in the e-mail confirming the order.

Shipping Services. All parcels are carefully packed and have a tracking number.

According to the Country of destination, shipping costs are the following:

Austria, Belgium, France, Monaco, Germany, Luxembourg, The Netherlands, Spain, UK: € 9,90
Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Lettonia, Lituania, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden: € 19,90

5. Payment

The payment of the Products purchased on the Store can be made by credit card or PayPal.

Credit Cards

The credit cards accepted by MA.DE are Visa, MasterCard, American Express, JCB, Discover, and Diners Club.

In Gustorotondo.it we are committed to protect our Customers and to give them the best shopping experience.

For that reason we use the two best payment gateways: Stripe and PayPal.

PayPal

In case of PayPal payment, the user will be redirected to the website www.paypal.com where he/she shall make the payment for the Products on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with MA.DE. MA.DE is therefore unable to know, or memorize in any way, the credit card details linked to the user’s PayPal account, or the details of any other form of payment linked to the said account.

6. Invoice

If the purchase is made by a professional it shall be possible to request the issuance of the invoice by writing directly to the Customer Services at the address [email protected]. The request should be made immediately after the order is placed.

7. Transport and delivery

Products purchased on this Website shall be delivered to the address indicated by the Customer during the purchase procedure in the field “Shipping Information”.

All purchases shall be delivered by courier (hereinafter, “Courier") from Monday to Friday, except public holidays and national holidays. MA.DE is not responsible for unforeseeable delays or those which are not attributable to it.

Once the Products are shipped the Customer shall receive a shipping confirmation email that includes a link with the tracking information that redirects to the courier website

However, without prejudice to cases of force majeure or unforeseeable circumstances, the ordered Products shall be delivered within a period of 7 (seven) working days from the day following the day in which MA.DE confirmed the order to the Customer through a specific order confirmation email.

The above mentioned periods apply for deliveries in the following Countries: Austria, Belgium, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Luxembourg, Malta, Monaco, The Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, UK.

8. Right of withdrawal

The Customer is entitled to cancel his/her order for any reason, without explanation and without any penalty, except for the cases in which the cancellation right is excluded under paragraph below. In order to exercise this right, the Customer shall send a notice to MA.DE within 14 days from the date of receipt of the Products. If he/she intends to exercise the right of cancellation before having received the Products, the notice of cancellation may be sent at any time prior to their receipt.

Such notice shall be sent by registered letter with a return receipt, addressed:

MA.DE di Maria Salvatoni & Giovanni de Simone S.N.C.
Via Boccaccio 22,
20123 Milano

Upon receipt of the notice MA.DE Customer Service shall open a file for the management of the returned Products and communicate to the Customer the instructions relevant to the return of the Products, which shall take place through the courier indicated by MA.DE.

The right of cancellation is subject to the following conditions:

I. The right applies to a Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts the cancellation may not be exercised only on a part of the purchased Product.

II. In case of exercise of the right of cancellation, MA.DE shall refund the Customer the full amount of the returned Products, including shipping expenses, if any, within 14 days from the date in which the notice of cancellation was received, without prejudice to the right of MA.DE to suspend the payment of the reimbursement until the actual receipt of the Products. The reimbursement shall be issued the same payment method used by the Customer.

III. In order to guarantee the free return of Products pursuant to article 8 below, the Products shall be returned in the same box in which they were received.

IV. In addition to the cases indicated in Article 1 above (customer not consumer and/or requiring the invoice), the right of cancellation is excluded in the following cases:

orders of tailored or clearly personalized Products
order of Products which are likely to deteriorate or expire rapidly;
orders of sealed Products which are not suitable to be returned for hygienic reasons or connected to the protection of health or that were opened after the delivery.

With reference to the above cases where the cancellation right is excluded, the Customer is aware and agrees that among the Products that “are likely to deteriorate or expire rapidly” are included both all food Products (including wines, spirits and beverages) and cosmetics, because the features and qualities of these types of Products are subject to change even as a result of improper storage. Therefore, for reasons of hygiene and for the protection of Customers, the right of withdrawal applies only to Products purchased on the Website that may be returned to MA.DE and remarketed without danger to the health of the consumers (e.g. gadgets, kitchen utensils books, tableware etc.).

In the cases of exclusion of the right of withdrawal, MA.DE shall return the purchased Products to the Customer, charging the shipping costs to him/her.

9. Warranty and Lack of Conformity

In case of lack of conformity of the Products sold MA.DE the Customer shall immediately contact the Customer Service sending an email to [email protected]

The sale of Products shall be subject to the legal warranties provided in the Consumer Code. The Customer is entitled, at his/her option and to the extent that the type of the Product permits so, to a free of charge restoration of the Product’s conformity by repair or replacement, or to an appropriate reduction of the price or to the termination of the agreement. The Customer loses these rights if he/she does not report the lack of conformity to MA.DE within two months from the date in which he/she discovered the defect, unless the Product by its nature is perishable or subject to expire in a shorter term, in which case the defect shall be reported within that reduced time.

10. Errors and limits of liability

Information relating to the Products provided through the Website are constantly updated. However, it is not possible to guarantee the complete absence of errors of which therefore MA.DE may not be held responsible, without prejudice to cases of wilful misconduct or gross negligence.

MA.DE reserves the right to correct any errors, inaccuracies or omissions also after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and the Consumer Code.

Without prejudice to cases of wilful misconduct or gross negligence, every Customer’s right to compensation for damages or to the recognition of an indemnity is excluded, as well as any liability in contract or tortious liability for direct or consequential damages to persons and/or things caused by the lack of acceptance or even partial fulfilment of an order.

MA.DE promotes responsible alcohol consumption and accepts no liability, without prejudice to the cases of wilful misconduct or gross negligence, in the event of purchase made by minors of 16 years.

11. Customer Service and Complaints

You can request information, send notifications, ask for assistance or submit complaints by contacting MA.DE Customer Service (“Customer Service") in the following ways:

By e-mail, writing to [email protected] or filling in and sending the contact request form available in the “Contact Us" section of the Store;
By mail, writing to MA.DE di Maria Salvatoni & Giovanni de Simone S.N.C., Via Boccaccio 22, 20123 Milano

MA.DE will deal with complaints via e-mail within five working days of receipt of the same.

12. Online dispute resolution for consumers (ODR)

If you are a European consumer, you have to be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. Please click here to access to the platform.

13. Applicable law and jurisdiction

The sale agreement between the Customer and MA.DE is intendedly made in Italy and is governed by Italian law. For the resolution of disputes concerning the interpretation, execution or termination of these General Terms and Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the Court of his/her place of residence or domicile shall have exclusive jurisdiction if located within the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, excluding any other competent court.