1. Any Customer/Buyer may activate the Customer Protection Program (‘CPP’) by sending a complaint to the email address email@example.com, specifying the Order number and summarising the reasons for the complaint, exclusively remitting the decision of making a complaint against the Seller (‘Customer Protection Program’) to MammaItalia.
2. The Customer may only activate the CPP in the following cases:
(i) Sold Product not received: the Sold Product has not been received by the Buyer within five (5) days of the delivery date indicated in the order confirmation email received by the Buyer or, in any case, within thirty (30) days of the date of conclusion of the Purchase Agreement, as determined by the Seller’s GCS;
(ii) Sold Product significantly noncompliant with description on Catalogue Product Page: the Sold Product received by the Buyer is significantly noncompliant with the description on the Product Page of the Catalogue. The ‘Product Page’ refers to the information page illustrating the main characteristics of each Product; ‘Product Sold significantly noncompliant with description on Catalogue Product Page’ refers to a Product which differs substantially from the description on the Product Page of the Catalogue;
(iii) Full or partial refund not issued: upon settlement of a prior claim made by the Buyer to the Seller and/or for any other reason (e.g., following the Buyer’s withdrawal from the Purchase Contract; following activation of one of the voluntary procedures set out in the Seller’s General Conditions of Sale, etc.), the Seller has agreed to reimburse the Customer, but has not then made such refund within the agreed term and in any case within a maximum period of 7 days from the moment in which the Seller reached an agreement with the Customer on the refund due, or has made a refund of a lower amount than that agreed.
3. Activation of the Customer Protection Program is not permitted:
(i) in the case of Sold Products whose Total Purchase Price, indicated in the order confirmation email sent to the Buyer, exceeds 1,100.00 euro paid to an individual Seller;
(ii) in the case of Sold Products paid for by credit card if the cardholder has refused or has not otherwise authorised the relevant charge;
(iii) in the case of Sold Products for which the Customer has refused delivery, if the return shipment of the Sold Product which the Customer has refused is not traceable;
(iv) in the case of goods and/or Products Sold which differ from the tangible goods specifically identified at the time of purchase and not personalised.
4. Unless otherwise specified on the Product Page by the Seller, it is understood that, as a rule, the CPP is always applicable.
5. If the Customer sends MammaItalia a request for activation of the Customer Protection Program, MammaItalia will inform the Seller and request the relevant information from all interested parties. Within 15 days of receipt of the complaint, MammaItalia shall communicate its decision.
6. MammaItalia, in resolving the complaint in favour of the Customer, will comply with the requests made by the Buyer.