GENERAL TERMS AND CONDITIONS OF USE
1. The following General Terms and Conditions of Use (hereinafter referred to as ‘GTCU’) shall apply to all Users, (i.e. any potential Customer and/or Buyer of the Products offered by the Sellers), and they define the manner in which the services of the website www.mammaitalia.shop are made available and used.
2. The www.mammaitalia.shop is managed by the company MammaItalia Srl, with headquarters at Via Bramante 12, 20154, Milan.
3. Accessing, consulting, and using the Website implies unreserved acceptance of these General Terms and Conditions of Use (GTCU). These may be modified unilaterally by MammaItalia at any time.
4. MammaItalia reserves the right to refuse access to the Website, unilaterally and without notice, to all Users who do not comply with these General Terms and Conditions of Use.
Buyer/Customer: any User who has accepted an offer from a Seller
Personal account: the entirety of a User’s personal data, including in particular his or her personal details and login ID, which allow access to the Platform’s services
Element: information communicated by the Seller that allows the creation of the Product Info Sheets posted on the Website
Seller Info Sheet: a description of the Seller including, but not limited to, its sales methods
Product Info Sheet: a description of the Product for sale on the Platform based on the Elements communicated by the Seller and, if necessary, revised at the discretion of MammaItalia
Login ID: email address and password chosen by the User for identification and access to the Services provided by the Marketplace
Seller: the party offering a Product for sale on the Platform and therefore on the website www.mammaitalia.shop
Cart: the space in which the Buyer can set aside products selected for purchase on the Website
User: a potential Buyer and/or Customer who may use the Platform upon acceptance of these General Terms and Conditions of Use
Platform: the functional and organisational structure implemented by MammaItalia to put Sellers in contact with Buyers/Customers of the Products through the website www.mammaitalia.shop
Price: the total price, payable by the Buyer, of the product (taxes and duties included) but not the transport costs, defined at a flat rate according to shipping method
Product: any Product offered for sale by the Sellers, in the form of Product Info Sheets, and which may be the subject of contact established through the Platform
Services: all the functions made available by MammaItalia and on the website www.mammaitalia.shop
3. Conditions of access
1. The Website www.mammaitalia.shop is accessible free of charge to any User with internet access. Users shall be responsible for the software and hardware necessary for the operation of Website Services and for their own internet access, except for Services offered directly on the Website. The User alone shall be responsible for the proper functioning of his or her computer equipment and internet access.
2. MammaItalia reserves the right to interrupt, temporarily suspend, or modify access to part or all of the Website without notice, to perform maintenance or for any other reason, without the interruption giving rise to any obligation or compensation.
3. It is necessary to register online by creating a Personal Account on the Website www.mammaitalia.shop in order to access some of the Services offered. By registering, the User has a strictly personal ID, consisting of an email address and a confidential password that does not violate the rights of third parties and which the User undertakes to keep confidential. So as not to mislead MammaItalia or third parties, each User undertakes to provide accurate information regarding his or her identity, address, and other data necessary for accessing the Platform, and to update it in the event of changes to such information. The User is responsible, through all the provisions deemed necessary, for protecting his or her data from any unauthorised access. He or she is also required to provide a valid email address.
4. MammaItalia undertakes to implement all the means at its disposal to guarantee the security and confidentiality of the data transmitted.
5. In order to access the Platform’s services, the User may be:
(i) only a human being, over 18 years of age, and generally able to enter into a contract, with an address for delivery.
6. The User agrees not to create or use accounts other than the one initially created, either with his or her own identity or that of a third party.
7. The User must also comply with the following rules, without prejudice to the foregoing:
(i) not to harass other Users of the Website or express sentiments of an insulting, defamatory, or racist nature or more generally that violate the laws and regulations in force both in Italy and in the User’s country of residence, which are aimed at protecting the rights of persons, public order, and public decency;
(ii) not to access a Personal Account belonging to another User;
(iii) not to upload viruses or other malicious code that could jeopardise the functionality of the Website.
8. Registration is complete when the User accepts these GTCU by ticking the box ‘I accept the General Terms and Conditions of Use’, and when MammaItalia receives all the information requested in the registration form.
4. Duration and resolution
1. The User’s registration on the Website www.mammaitalia.shop remains valid indefinitely.
2. The User expressly acknowledges that MammaItalia may, without notice or compensation, terminate all or part of the Services provided. The User may decide at any time to cancel his or her Personal Account by clicking the appropriate icon on the Website.
3. Likewise, MammaItalia may, without prior notice and without prejudice to any compensation for damages or interest or legal action against a User, cancel or suspend a User’s Personal Account and, in the case of serious and/or repeated violation(s) of the clauses of these General Terms and Conditions of Use, proceed to deactivate it.
5. Services offered
1. The website www.mammaitalia.shop is dedicated to the world of Italian food and cuisine, as well as the purchase of Italian culinary products.
2. The Buyer searches the Products for sale under the Product categories defined according to MammaItalia’s classification system. The Buyer proceeds with product selection, putting selected products in the Cart, and concludes the sale with whichever Seller(s) met their needs using the available professional tools, and in particular the creation of a message form addressed to the Seller, reporting the elements of the request (i.e., the Cart) and online payment on a protected account.
3. The sales contract is concluded only between the Buyer and the Seller. The sale is complete at the date of receipt and collection of the full balance, paid by the Buyer, which constitutes acceptance of the offer and which will be communicated by email.
4. MammaItalia cannot guarantee that the Seller’s Product will satisfy the Buyer, that the Product will not be returned, or that the Buyer will not cancel the sale.
5. By analysing the Product Info Sheets, the Buyer will be able to access: the sales offers proposed on the Website, the Sellers’ contact details, the characteristics of the Products, and the terms of delivery.
6. The Seller Info Sheet offers the User a general presentation of the Seller and their General Terms and Conditions of Sale, procedures for withdrawal, possible means of contact with the Seller, etc.
7. MammaItalia offers an evaluation system that allows the Buyer, at the end of the transaction with a Seller, to rate satisfaction criteria using a grid, ‘Customer comments’, and a star rating scale of up to 5 stars. These rating systems are reserved exclusively for Website Customers who have carried out a transaction and whose order has been confirmed and accepted by the Seller, and who can therefore provide an assessment of Sellers’ performance on the Website (price, quality of the Products, delivery time, responsiveness, dispute management, courtesy, etc.). These evaluations, complete or partial, are made available to the public and can be found on the Seller Info Sheets. MammaItalia does not evaluate itself and is not required to verify evaluations, nor does it take responsibility for their contents.
8. Each User agrees to allow evaluations pertaining to him or her or to sales made with him or her to be publicly disclosed by other Users. Each Buyer who leaves a ‘Customer comment’ on a Seller’s page undertakes to maintain objectivity in order to help other Users choose a Seller and guarantees that this ‘Customer comment’ will be in no way inflammatory, defamatory, vulgar etc. Where necessary, the Website reserves the right to delete such comments from the Seller’s page.
9. The Products offered by the Website, at the Buyers’ request, which are in pole position will be awarded the best Retailer rating at the best Price.
6. Payment Methods
1. The sale price of the Products is inclusive of taxes and duties but do not include the shipping costs indicated on the Website during the purchase process, before the final confirmation of the order.
2. Each purchase or sale made by a Buyer will be paid directly to the Seller using any traceable method, with the understanding that the Buyer’s bank details will not be stored, in order to guarantee the security and confidentiality of Buyers’ data. For this purpose, MammaItalia has chosen the online payment solution Stripe Platform and a secure encryption system that guarantees Buyers’ security in making payments online. The Customer guarantees that he or she is the legitimate cardholder of, and therefore fully entitled to use, the credit card or other payment method used to execute the payment for his or her order.
1. It is solely the Seller’s responsibility to carry out the obligation of delivering the ordered Product, which travels at own risk.
2. The Buyer may find the relevant invoice:
(i) attached to the delivered parcel, if applicable;
(ii) in the ‘order history’ on his or her Personal Account, in the case of a specific request to the Retailer.
3. The invoice shall include the price of the Product(s), delivery charges, and, if due, VAT.
4. Deliveries are made in the manner chosen by the Buyer, in light of the methods offered by the Seller, and the amount of corresponding shipping costs therefore varies accordingly. The Buyer can view the processing status of his or her order on the Website under ‘My account’.
8. Problems with Purchased Products
1. Should any purchased Product(s) be unavailable, the Buyer has the right:
(i) to receive a Product of equivalent quality and price to that ordered, within the limits of available stocks;
(ii) to obtain a refund of the price of the Product ordered.
2. Unavailability of one or more Products ordered from one or more Sellers on the Platform does not constitute grounds for waiver of all Products ordered, and the Buyer remains bound by his or her acceptance of the offer of the other Product(s) available.
3. In case of late or non-existent delivery, the Buyer shall contact the Seller within 14 (fourteen) days of the agreed delivery date for any complaints regarding delay or failure to receive, totally or partially, the ordered Product.
4. Refunds shall be made by the Seller within 14 (fourteen) working days of receiving the Buyer’s communication. In case of partial delivery, the right to refund shall only apply to undelivered products within the scope of that order.
5. If a purchase is returned to the Seller for a reason such as ‘not requested’ or ‘does not live at the address indicated’, the Buyer concerned must first contact the Seller to agree on the return and arrange payment of the relevant charges. After a period of one month without hearing from the Buyer, the Products will no longer be shipped, without this giving rise to refund, replacement, or compensation entitlements.
6. In case of receipt of a damaged parcel, the Buyer shall contact the Seller who shall decide whether to replace the Product(s) or reimburse the Buyer for the purchase and transport costs incurred.
7. If no confirmation or complaint has been received within 14 (fourteen) days of the date of a purchase (in addition to the legal withdrawal period), the transaction is deemed completed.
9. Customer Protection Program
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.
1. The Customer may return a product within a period of 14 (fourteen) working days from the date of receipt of the order. At the end of this period, the right of withdrawal becomes irrevocably null and void.
2. For returns made under the right of withdrawal, the Buyer must inform the Seller of his or her intentions within the established timeframe, indicating the order number and the Products concerned. The Buyer shall return the Product to the Seller at his or her own expense, in its original packaging, with all accessories and documents, or in packaging equivalent to that in which it was shipped. If the Product is not received by the Seller, no refund shall be issued.
3. The return and refund regulations, applicable by the Sellers to their Products, are listed on each Seller Info Sheet.
4. All returned Products (including the Product itself, original packaging, accessories, instructions for use, etc.) must be returned without damage. In case of deterioration caused by the Buyer, the Products will be returned to him or her without any compensation or refund entitlements, except for the subsequent exercise of his or her warranty rights on the sold goods.
11. Product Warranties
1. The Seller shall ensure that any Product offer corresponds to a material good, immediately available and fully owned.
2. In case of non-receipt of the ordered products or receipt of products which are damaged, incomplete, or not what was ordered, the Buyer shall enjoy the rights and faculties recognised by Italian law and EU regulations.
12. Intellectual Property
1. Italian and international laws on copyright and related rights apply to all the elements and/or parts that make up the Website www.mammaitalia.shop and to the Website itself.
2. These elements and/or parts, unless otherwise specified, are the exclusive property of MammaItalia.
3. Any unauthorised use of elements and/or parts of the Website constitutes copyright infringement.
4. Any authorisation for reproduction is granted to the User only in digital format on a computer, in order to view the pages consulted using the Website’s navigation software.
13. Exclusions of liability in favour of MammaItalia
1. Except in the case of wilful misconduct and gross negligence, MammaItalia shall have no liability of any nature whatsoever with regard to:
(i) the cancellation, impossibility of storage, or incorrect or inappropriate transmission of information or data published on the Website or resulting from provided Services;
(ii) costs incurred by loss of profit and/or loss of data;
(iii) the provision of, or failure to provide, Website Services, information, or Products appearing in suggested results;
(iv) damages that may result from the use of information or data available online through Website Services, such as damage to computer systems, or loss of data;
(v) the form or content of information posted online by the User and/or the Seller in their webspace.
2. These limitations of liability shall be applied so as to prevent claims arising from direct or indirect and collateral damages, whatever the cause of such damages (including damages incurred by third parties).
3. MammaItalia simply puts sellers and buyers in contact with each other. MammaItalia is therefore in no way responsible for the conclusion, implementation, or termination of the relationship established between a Seller and a Buyer, nor for the delivery or quality of the Products.
14. Privacy Management
1. MammaItalia is considered the Data Controller for the purposes of the European Data Protection Regulation no. 2016/679 (GDPR).
2. MammaItalia will process personal data pertaining to the User, the Seller, or third parties disclosed by the Seller in full compliance with the aforementioned European Regulation, only for purposes strictly related to the execution of the contract and consequent administrative and accounting management and, if necessary, to protect its rights in court and out of court. All aforementioned data will be stored for the purposes referred to in this policy and for the duration of time required to pursue these purposes, or within the peremptory terms established by the Law, for cases in which this is provided for.
3. With regard to the User, MammaItalia specifies that it will process personal identification data (for example, name, surname, company name, address, telephone number, email, bank and payment references), hereinafter ‘PERSONAL DATA’ or ‘DATA’, which you (the User) provide when placing the order for the following purposes exclusively:
(i) completing the requested order: we use your personal data to receive and process orders, provide products and services, process payments, and communicate with you regarding your orders, products, services, and promotional offers;
(ii) fulfilling obligations arising from site management: in some cases we have a legal obligation to collect and process your personal data. For example, we process data for identification purposes and for other purposes related to security and prevention and detection of cybercrimes (e.g. Law 48/08);
(iii) complying with obligations provided for by law, regulation, EU legislation, or by order of public authorities (including, but not limited to, using your payment data for anti-fraud purposes under Directive 2015/2366, as subsequently amended, on payment services in the European single market);
(iv) exercising the rights of the Controller, including not only the right to prevent and investigate fraud and abuse in order to protect the safety of our customers, but also, for example, the right to defence in court.
4. The User’s Data will be processed by means of the operations indicated in Art. 4 Para. 2 of the GDPR, namely: collection, recording, organisation, storage, consultation, processing, alteration, selection, retrieval, alignment, use, combination, blocking, disclosure, erasure, and destruction of data. Your personal data may be subject to both paper and electronic and/or automated processing.
5. Regardless, data will not be kept for a period of more than 10 years from the date of termination, by user request, of the relevant service, and in any case, from the date of conclusion of the order.
7. The policy shall be as follows:
MammaItalia S.r.l. (VAT no. 03644051207), with registered office at Via Bramante 12, 20154, Milan, as data controller, pursuant to art. 13 of the European Union Regulation (EU) no. 2016/679, General Data Protection Regulation (hereinafter also ‘GDPR’), in accordance with the commitment and care that it dedicates to the protection of your personal data, informs you that your personal data will be processed in the following ways and for the following purposes:
Subject Matter of the Processing
The Controller will process personal identification data (e.g., name, surname, company name, address, telephone, email, bank and payment references), hereinafter ‘PERSONAL DATA’ or ‘DATA’, which you provide when placing the order.
Purpose of Processing
Your personal data is processed for the following purposes:
- completing the requested order: we use your personal data to receive and process orders, provide products and services, process payments, and communicate with you regarding your orders, products, services, and promotional offers;
- fulfilling obligations arising from site management: in some cases, we have a legal obligation to collect and process your personal data. For example, we process data for identification purposes and for other purposes related to security and prevention and detection of cybercrimes (e.g., Law 48/08);
- complying with obligations provided for by law, regulation, EU legislation, or by order of public authorities (including, but not limited to, using your payment data for anti-fraud purposes under Directive 2015/2366, as subsequently amended, on payment services in the European single market);
- exercising the rights of the Controller, including not only the right to prevent and investigate fraud and abuse in order to protect the safety of our customers, but also, for example, the right to defence in court.
Methods of Processing
Your data is processed by means of the operations indicated in Art. 4 Para. 2 of the GDPR, namely: the collection, recording, organisation, storage, consultation, processing, alteration, selection, retrieval, alignment, use, combination, blocking, disclosure, erasure, and destruction of data. Your personal data may be subject to both paper and electronic and/or automated processing. The Controller will process personal data for the time necessary to fulfill the above purposes and in any case for no longer than 10 years from the date of the conclusion of the order.
Your data may be made accessible for the above purposes to:
- the Controller’s employees and partners;
- third-party companies or other parties (e.g., credit institutions, professional and legal firms, administrative and payroll service companies, consultants, etc.) who carry out outsourcing activities on behalf of the Controller, in their capacity as external data processors.
Personal data is stored on servers located within the European Union. Regardless, it is understood that the Controller will, if necessary, have the right to move the servers outside the EU. In this eventuality, the Controller ensures that non-EU data will be transferred in accordance with applicable legal provisions, subject to the stipulation of the standard contractual clauses provided by the European Commission.
Data Subject Rights
As the data subject, you may exercise your rights under Art. 10 (right of access to data) of GDPR.
Where applicable, you also have the rights set out in Articles 16–22 GDPR (right of rectification, right to be forgotten, right to restriction of processing, right to object, right not to be subject to automated decision-making).
If you wish to exercise your rights, we invite you to contact us at firstname.lastname@example.org and we will be happy to offer you the support you need.
You have the right to lodge a complaint with the supervisory authority of your country of residence; if you are a resident of Italy, you can contact the Data Protection Supervisor (www.garanteprivacy.it).
15. General and Final Provisions
1. Any communication from a User, in order to be admissible, must be detailed, clearly state the reasons for the dissatisfaction, and be sent by email or through the User’s personal account.
2. Neither the Seller nor MammaItalia can be held responsible for delays or non-performance when resulting from a case of force majeure, as defined by the law, or, more generally, by settled case law.
3. Should any clause of the General Terms and Conditions of Use become null and void, unenforceable, forfeited, illegal, or inapplicable on the basis of a law or regulation or following a judicial decision, this shall not affect the validity, legality, and enforceability of the other clauses of the GTCU and shall not exempt the User from fulfilling his or her contractual obligations, which remain valid.
16. Disputes and Applicable Law
1. Without prejudice to any binding provisions in European legislation in the interest of the User and/or Buyer as private Customer, these General Terms and Conditions of Use are regulated by Italian law. They are drafted in Italian. Should they be translated into one or more languages, in the event of a dispute, only the Italian text shall prevail.
2. For all disputes arising from these General Terms and Conditions of Use, concerning their validity, interpretation, execution or termination, and their civil and criminal consequences, the Court of Milan shall have exclusive jurisdiction, without prejudice to the binding provisions in favour of the User and/or Buyer natural person regarding territorial jurisdiction.