Art. 1 Description of the service
1.1 Masseria Cusmai di Cusmai Nicola & C. Sas in ANDRIA (BT) VIA SAN CANDIDO 15 CAP 76123, VAT number IT 07166790720, Chamber of Commerce registration n. BA – 537207, makes available to the public a remote service for the sale of food products such as tomato sauce and its processed products, oil, taralli, pickles and preserves through the website www.masseriacusmai.com.
1.2 The use of the site, the services offered and the related contracts are governed by these GENERAL CONDITIONS OF USE AND SALE. By using the site www.masseriacusmai.com you accept the following conditions.
1.3 The customer undertakes to print and / or store these conditions which, moreover, he will have already viewed and accepted as an obligatory step for registering on the site and purchasing the products, as well as printing the specifications of the products object of the purchase.
Art. 2 Registration and security of communications
2.1 To purchase through the website, the customer must perform the registration procedure for the service, through which he will receive an email at the address indicated by him, showing the “account” name he has chosen and a “password” assigned by Masseria Cusmai di Cusmai Nicola & C. Sas for future access to the site.
2.2 The e-mail address provided by the customer will be used by Masseria Cusmai di Cusmai Nicola & C. Sas for all communications relating to the conclusion and execution of the contract. The customer accepts the validity of these communications for the purpose of settling the contractual relationship, as well as having the duty to frequently check the aforementioned address during the relationship.
All the operations carried out through the e-mail address, the account and the password pertaining to the customer involve the automatic attribution to the same of the operations carried out and requests made without exception of any kind.
2.3 The customer is solely and exclusively responsible for the use and security of the e-mail address, account and password also in relation to the activities carried out through their use. The customer is aware that, in order to regulate access to the service, their authentication is solely for the verification of such data.
The customer, therefore, undertakes to:
a) immediately notify Masseria Cusmai di Cusmai Nicola & C. Sas of any unauthorized use of one’s email, account and password, as well as any other breach of the security rules of which it becomes aware;
b) log out of your account at the end of each session of use.
b) uscire dal proprio account al termine di ogni sessione di uso.
2.4 The customer is responsible for any harmful consequence or prejudice that may arise, against Masseria Cusmai di Cusmai Nicola & C. Sas or third parties, as a result of incorrect use, loss, theft and / or compromise of the confidentiality of the email , account and password used. Masseria Cusmai di Cusmai Nicola & C. Sas cannot in any way be held responsible for any damage resulting from failure to comply with this article.
Art. 3 Order and purchase procedures
3.1 The display of products on the virtual showcase of the site constitutes a non-exclusive offer to the public. Orders can be placed through the website www.masseriacusmai.com accessible 7 days a week, 24 hours a day.
3.2 Through the site, the registered user can purchase the following types of products:
Products with tomatoes (natural cherry tomatoes, cherry tomatoes with puree, tomato puree, dried tomatoes in oil, peeled tomatoes, artisanal vegetable sauce), extra virgin olive oils (delicate and intense), preserves (rustic artichoke in oil, artichokes in oil, aubergines in oil, cardoncelli mushrooms in oil, peppers in oil), table olives (Leccino olives, Sant’Agostino olives, Bella di Cerignola olives), classic Taralli.
3.3 To order and purchase one or more products, the customer must complete the order page, filling in all the required spaces (chosen product, quantity, etc.) as well as selecting the payment method. If the customer wishes to order multiple products shown on the site, they can select them one at a time, adding them to the cart and, once the purchases are finished, they will have to close the cart using the appropriate virtual button. The order page will automatically calculate the quote for the requested products and shipping costs.
3.4 Subsequently, a summary page of the selected products, the quote and the delivery options and costs will appear. The customer, before confirming the order, will have the opportunity to correct input errors and modify the data entered.
To submit the order, the customer must select the virtual button “Place Order”. The order will be considered as a contractual proposal addressed to Masseria Cusmai di Cusmai Nicola & C. Sas.
3.5 After receiving the order, an e-mail of acceptance will be sent to the customer, which does not constitute acceptance of the same. By sending the acceptance e-mail, you only confirm that you have received the order, in order to verify the data and the availability of the requested products.
The contract will be concluded only when Masseria Cusmai di Cusmai Nicola & C. Sas sends an e-mail to accept the order. This e-mail will contain a summary of the general and particular conditions applicable to the contract, information relating to the essential characteristics of the products and an indication of the price, the means of payment, the right of withdrawal, the delivery costs, the applicable special taxes of the identification data of the order, of the methods to view its status.
Any product included in a particular order, which has not been confirmed with the acceptance email, is not part of the contract.
3.6 The order will be executed only after the verification of the “successful completion” of the payment of the amount due for the products requested and the timing of the execution of the contract and delivery of the goods are understood to refer to the date of payment.
3.7 Masseria Cusmai di Cusmai Nicola & C. Sas reserves the right, at its sole discretion and for any reason, not to accept the orders received.
Art. 4 Methods of payment
4.1 The prices of the products are expressed in euros and are inclusive of VAT. Shipping costs are not included and will be calculated on the basis of individual orders, unless otherwise specified.
4.2 Payment can be made through the most common credit cards, by bank transfer, through the Paypal system or the Digital Ticket Restaurants – Edenred.
Masseria Cusmai di Cusmai Nicola & C. Sas reserves the right to accept other payment methods upon agreement with the customer. Masseria Cusmai di Cusmai Nicola & C. Sas reserves the right at any time not to accept the payment method indicated by the customer. In this case, an alternative means of payment will be indicated. The customer is responsible for the validity and use of the data communicated. Masseria Cusmai di Cusmai Nicola & C. Sas undertakes to keep the payment data communicated by the customer strictly confidential.
Art. 5 Information on the site
5.1 The information on the availability and characteristics of the products listed on the site, their price and delivery times may not be exact. The estimated times for sending and delivering the products are purely indicative and not binding. In fact, due to the unavailability of the products, the complexity of the service requested, the carrier’s delays or other unforeseeable events, it is possible that the delivery times communicated are not punctually respected.
5.2 Once the order has been examined, Masseria Cusmai di Cusmai Nicola & C. Sas will confirm to the customer, via the acceptance e-mail, the real availability of the requested product or service, the price, the estimated delivery times and all other information required by article 3 of these General Conditions.
5.3 The customer acknowledges and accepts that the shape and colors of the products purchased may differ from the photos on the site which are to be considered purely demonstrative. Each single ingredient present in the jars has its own characteristics (shape, color, size, weight, etc.), which are inherent to the product itself and which cannot be considered flaws and defects pursuant to Article 7 of these conditions.
Art. 6 Methods and times of delivery of goods
6.1 Delivery will be made by courier to the address communicated by the customer during the registration phase on the site or ordering products. Shipments will take place promptly and delivery will take place, starting from the payment of the purchased products, within 2/3 working days for deliveries to be made in Italy or for the other countries we serve.
6.2 Deliveries will be made exclusively on working days from Monday to Friday. In some places that are difficult to reach for reasons not attributable to Masseria Cusmai di Cusmai Nicola & C. Sas or to the courier, the latter may not guarantee delivery within the scheduled times. The shipping office, before shipping the purchased products, will contact the customer if the location falls among those evaluated as “difficult to reach”.
6.3 The delivery times shown on the site are to be considered purely indicative and may be subject to change at any time. The couriers will attempt 2 (two) deliveries, after which the package will be returned to the warehouse and all ancillary costs will be charged to the customer.
6.4 Masseria Cusmai di Cusmai Nicola & C. Sas is not responsible for transport services that are provided by third parties. Because of this, it will in no case be held liable for direct or indirect damages caused by the delay in delivery of an order or by the loss of the same due to the courier’s responsibility.
Any dispute relating to loss or damage must be made to the courier in writing at the time of delivery.
Art. 7 Guarantee of conformity
7.1 It is the customer’s responsibility to promptly verify the conformity of the goods received with respect to what was ordered. If the ordered products reach the customer damaged, spoiled, defective or non-compliant with what was ordered, due to a fact attributable to Masseria Cusmai di Cusmai Nicola & C. Sas, the customer must promptly contact customer service at the email [email protected] within 2 (two) days from delivery of the goods, showing the problem via photos or videos. After the necessary checks to ascertain defects, the company will communicate whether or not it will be necessary to return the products to the address indicated by it and will refund the purchase by issuing a voucher of the same amount. Any other compensation protection or termination of the contract is excluded
7.2 The customer acknowledges and accepts that the contents of the cans may show small imperfections, inherent in the artisan manufacturing process. These imperfections are not to be considered flaws or defects in the product.
Art. 8 Goods replacement and “Satisfied or Refunded” guarantee
8.1 The customer, qualifying as a consumer, can communicate to Masseria Cusmai di Cusmai Nicola & C. Sas for perishable products, using the “Satisfied or Refunded” formula.
“Satisfied or Refunded” Guarantee: Masseria Cusmai di Cusmai Nicola & C. Sas undertakes to refund with a purchase voucher or to replace the product chosen by the Customer who is not satisfied with his purchase, because it is damaged or does not conform to what was purchased. In these cases, after the request via email to [email protected] with the identification of the order number, as well as the succinct explanation of the reasons for dissatisfaction, with the relative production of photographs and / or videos of the product in question.
Following the correct execution of the procedure, the customer will be provided with an RMA number (Return Authorization Code).
The shipment must be made by the Customer (at his expense) carriage paid and the return must be packaged as indicated, using a courier service with confirmation of receipt of the goods.
You cannot take advantage of the “Satisfied or Refunded” guarantee on part of the purchase but only as a whole.
Art. 9 Customer Service
9.1 Masseria Cusmai di Cusmai Nicola & C. Sas makes available to the purchasers of the products a customer service to the email [email protected], for any information on the products purchased and the services offered through the website.
Art. 10 Modification of the General Conditions
Masseria Cusmai di Cusmai Nicola & C. Sas reserves the right to modify the site and all the data contained therein, the policies and these General Conditions of Use and Sale at any time. The customer will be subject to the policies and terms of the General Conditions of Use and Sale from time to time in force at the time he uses the site or orders the products.
Art. 11 Guarantees and Liability
11.1 The website www.masseriacusmai.com is made available to customers as it is and when it is available. Masseria Cusmai di Cusmai Nicola & C. Sas makes no warranties either expressed or implied on the operation of this site and / or on the content, materials, information, or products included on the site. In addition, access to the site may occasionally be suspended or temporarily limited to allow for the necessary maintenance, repair or update work to be carried out with new services and products. Masseria Cusmai di Cusmai Nicola & C. Sas will try to limit the frequency and duration of such suspensions and / or limitations.
Masseria Cusmai di Cusmai Nicola & C. Sas does not guarantee that this site, its servers or their e-mails sent are free from viruses or other components that are potentially dangerous for customers’ PCs. By visiting the site, the customer accepts that its use is at his own risk.
11.2 Masseria Cusmai di Cusmai Nicola & C. Sas reserves the right to cancel any orders that it does not consider reliable and reliable, as well as the right to request, at its discretion, the change of the payment method chosen by the customer, without this being able make any claim against him.
11.3 Masseria Cusmai di Cusmai Nicola & C. Sas cannot be held responsible in case of delay due to insufficient stocks and will also not be responsible in case of discrepancies between the items ordered and the images, texts and photos of such published articles. on the site.
11.4 Masseria Cusmai di Cusmai Nicola & C. Sas will not be responsible for any delay or any failure to fulfill the obligations under these General Conditions, if the delay or non-fulfillment derives from unforeseeable circumstances or causes of force majeure not attributable to it.
11.5 Masseria Cusmai di Cusmai Nicola & C. Sas will not be liable for any damages, losses, lost earnings, expenses (direct and indirect) or any other damage that does not depend on one’s direct and serious breach in the execution of the contract with the customer .
Art. 12 Rights and ownership
Masseria Cusmai di Cusmai Nicola & C. Sas is the owner of all the economic exploitation rights of both the brand and the contents and graphics published on the website www.masseriacusmai.com.
It is therefore forbidden to use in whole or in part, by any present or future means, in any form and manner of the name “Masseria Cusmai”, of the data and contents published on the aforementioned site, without the written consent of Masseria Cusmai di Cusmai Nicola & C. Sas.
Art. 13 Use of the site
Masseria Cusmai di Cusmai Nicola & C. Sas grants limited access and personal use to the site www.masseriacusmai.com and does not allow you to download or modify it, even partially, without express written consent.
The license does not include a use of the contents of the site for commercial purposes, in particular it is not possible to use the product catalogs, descriptions and price lists. The publication of the contents of the site is aimed solely at the purchase of the products in the catalog.
All the contents on the site such as, by way of example, the text, images, buttons, logos, are owned or licensed to Masseria Cusmai di Cusmai Nicola & C. Sas and are protected by current national copyright regulations and international.
Art. 14 Privacy protection
14.1 Masseria Cusmai di Cusmai Nicola & C. Sas will proceed to the processing of the Customer’s personal data in compliance with Legislative Decree no. 196 of 30 June 2003 (so-called Code regarding the protection of personal data) and the relevant community law.
14.2 The Customer also consents to the use of their contact details, emails and accounts, for sending communications or automatic notifications regarding information on the commercial activity of Masseria Cusmai di Cusmai Nicola & C. Sas and on the products offered through the website www.masseriacusmai.com.
14.3 In any case, the registration of the Customer’s personal data will be preceded by a specific information and, where necessary, by the acquisition of the express consent of the interested party, it being understood that the provision of such data is necessary to allow the execution of the offered services. The Customer acknowledges and agrees that his personal data may be communicated and processed by the suppliers of Masseria Cusmai di Cusmai Nicola & C. Sas, for the sole purpose of shipping the ordered products. The customer can also contact Masseria Cusmai di Cusmai Nicola & C. Sas at any time for information or request the cancellation of their data.
14.4 At any time, the Customer may exercise his rights towards the data controller, pursuant to the aforementioned legislative decree. In particular, he may ask to know the existence of data processing that may concern him; obtain without delay the communication in intelligible form of the same data and their origin, the cancellation, transformation into anonymous form or blocking of data processed in violation of the law; updating, rectification or integration of data; the attestation that the aforementioned operations have been brought to the attention of those to whom the data have been communicated, except in the case in which this fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right; to object, in whole or in part, for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection, as well as to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
Art 15 Jurisdiction
Except as mandatorily provided for by EU law on the matter, for any dispute relating to the execution and compliance with these General Conditions, the competent court will be the Court of Trani.
Masseria Cusmai di Cusmai Nicola & C. Sas
ANDRIA (BT) VIA SAN CANDIDO 15 CAP 76123- E-mail: [email protected]