GENERAL CONDITIONS OF SALE

The General Conditions of Sale (hereinafter "CGV") are addressed to Buyers of the products offered by Maurizio De Angelis, with headquarters in Via Giuseppe Spinetti, 33, 55042 Forte dei Marmi LU (Italy), VAT number 02360020503, which is also owner of the domain and website “maurideangelis.com” (“Platform”), as well as of the name “DEANGELIS”.

Seller Identification
1. The person identified as the Seller is:

Maurizio De Angelis

Via Giuseppe Spinetti, 33 – 55042, Forte dei Marmi (LU) – Italy

VAT number 02360020503 and CF dngmrz87r06a052k

E-Mail: online@maurideangelis.it

PEC: maurizio_deangelis@pec.it

Acceptance and Modification of the General Conditions of Sale

The GCS are accepted by the Buyer upon conclusion of the purchase contract which will take place in the manner provided by DEANGELIS.
DEANGELIS reserves the right to modify the GCS in whole or in part at any time by notifying Buyers via the Platform. Buyers are therefore required to periodically consult this page, in order to always be informed about the conditions of sale applied by DEANGELIS. It is understood that the conclusion of the contract with which these GCS are referred to entails acceptance of the same without reservations, meaning they are included in the purchase contract.

Conclusion of the Contract
1. The contract can be concluded through the formulation of an invitation to offer by DEANGELIS or through a direct offer to a specific subject.
2. The subject can be identified personally or by registering on the Platform.
3. Regardless of the method of conclusion of the contract, these GCS must be considered fully referred to and accepted by the Buyer.
Prices and payment methods
1. The purchase or sale proposal indicates the price including any amounts foreseen for the shipment (if requested).
2. Payment of the amounts provided for in the contract can be made with the methods indicated in the sales or purchase proposal. DEANGELIS reserves the right not to accept certain payment methods for proposals made through electronic conclusion of the contract.
3. In certain cases, an advance payment may be required or a request for pre-authorization of payment to the Buyer's payment institution.
Shipping and Delivery
1. The delivery of the purchased products can take place according to the methods indicated in the contract concluded between DEANGELIS and the Buyer.
2. Shipping can only take place to the countries indicated by DEANGELIS. DEANGELIS reserves the right to refuse the conclusion of the contract or the shipment of products to certain countries outside the European Union.
3. If the User selects Home Delivery, this will take place only and exclusively at the delivery address indicated by the User.
4. Home delivery is subject to a fee. The shipping costs of the products, which may vary depending on the shipping method chosen by the User, and any other additional costs, are the responsibility of the User, unless otherwise indicated on the Product Page or in other parts of the Platform .
5. The Company reserves the right to modify the Shipping Costs, even possibly providing free Shipping Costs, at any time, without notice, without prejudice to the fact that the Shipping Costs applied to the User will be those indicated in the Order Summary and that any variations, increases or decreases, subsequent to the transmission of the Order will not be taken into account.
6. In the event of partial withdrawal/cancellation from Orders containing multiple products and/or partial termination, for any reason, of the contract and/or revocation of the purchase proposal relating to Orders with multiple products, the Shipping Costs will not be refunded. Shipping costs will, however, be refunded in the event of withdrawal or total termination of the purchase contract.
7. In the event of withdrawal or partial termination of the purchase contract relating to Orders with multiple products, for reasons not attributable to the Company, if the total amount due falls below the threshold which, if applicable, allowed the User to benefit from of free shipping, the User will be charged and, consequently, subtracted from the refund amount, the Shipping Costs that he would have had to pay if the shipping had not been free, calculated on the basis of the costs indicated on the "Shipping" page, accessible via the link of the same name present in the footer of the Platform and on the Product Page.
8. With the conclusion of the contract, the hypothesized shipping terms of the purchased products will be indicated (this term is not to be understood as essential to the conclusion of the contract).
9. Delivery will take place according to the expected times in relation to the area and/or the chosen delivery method. The summary of delivery times is available on the "Shipping" page.
10. It is not possible to guarantee a precise delivery date or time as this depends on the courier, the destination address and the person in charge of delivery. The Company cannot therefore be held responsible for any direct or indirect consequence deriving from these times. Unless otherwise specified during the purchase process, delivery of what is ordered is intended to be at street level and will be carried out from Monday to Friday during normal office hours (from 9am to 6pm), excluding national holidays in Italy.
11. The Delivery Terms start from the working day following the conclusion of the contract, unless otherwise indicated. In the event of failure to indicate the Delivery Terms, this will take place, in any case, within thirty days starting from the day following the conclusion of the contract. The delivery obligation is fulfilled by transferring material availability or in any case control of the products to the User. Delivery terms are calculated considering working days only, excluding Saturdays, Sundays and all national holidays in Italy.
12. At the time of Shipping, i.e. delivery of the purchased Products to the carrier, a Shipping Confirmation email will be sent to the User, which contains instructions for following the progress of the shipment.
13. The User acknowledges that the collection of the Product is his precise obligation deriving from the purchase contract. In the event of non-delivery due to the recipient's absence at the address specified in the order form, the courier will leave the recipient with a transit notice ("Passage Notice"). The courier will then make a second delivery attempt the following day. After two unsuccessful delivery attempts, the package will be "in storage" with the courier. The courier will then communicate the stock to the Company which, through Customer Service, will attempt to contact the User in order to unblock the stock (for example, arranging a new delivery attempt). In any case, 10 working days have elapsed from the second day following the day on which the Transfer Notice was left, without it having been possible to proceed, for any reason not attributable to the Company, with delivery (e.g. attempted contact and /or further failed delivery attempt), the purchase contract will be considered legally terminated pursuant to and for the purposes of the art. 1456 cc, with consequent reimbursement, within 15 working days from termination of the contract of the total amount due, minus the shipping costs, as the delivery was not successful, for reasons attributable to the User, the storage costs, the costs of returning the Product to the Company and any other costs incurred due to non-delivery due to the absence of the recipient. The delivery procedure, the terms for management in the event of non-delivery due to the absence of the recipient and the consequences thereof will be reminded to the user in the Shipping Confirmation Email.
14. It is up to the User to check the conditions of the Product that has been delivered to him. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to the Company, is transferred to the User, when the User, or a third party designated by the same and other than the carrier, physically comes into possession of the Products, it is recommended the User to verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials (adhesive tape) and is invited, in his interest, to indicate on the delivery document carrier transport, any anomalies, accepting the package with reservation. In fact, unreserved receipt of the Products does not allow the User to take action against the courier in the event of loss or damage to the Products, except in the event that the loss or damage is due to willful misconduct or gross negligence on the part of the courier itself. and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 3 days of delivery by writing an e-mail to: amministrazione@maurideangelis.it. In any case, the application of the rules regarding the right of withdrawal and legal guarantee of conformity remains unchanged.
15. In the event of failure to collect the package several times [2], the Company reserves the right to refuse the conclusion of further subsequent contracts. Failure to Accept the Order will be communicated to the User via e-mail. The User will be refunded the Total Amount Due according to the methods and timing established for refunds.
16. In case of failure to deliver the goods within the indicated times, the User will be required to notify the Company, which will arrange with the courier, the status of the shipment and any anomaly. Following a shipping anomaly (for example a package lost or destroyed during transport), the Company will resend the product, subject to its availability in the warehouse, without further costs or burdens for the User, or , to refund the Order in full.
17. If the User realizes that he has provided incorrect and/or incomplete information regarding his personal details or the shipping address of the goods, he must communicate this promptly before Acceptance by sending an email to amministrazione@maurideangelis. it. In all cases, the User is solely responsible for any incorrect and/or incomplete indication of personal details or delivery address, with the consequent possibility of loss of the sum paid if the goods are delivered to strangers.
Information relating to the right of withdrawal
1. For purchases made outside the commercial premises (through the electronic conclusion of the contract) the buyer is guaranteed the right of withdrawal pursuant to the Consumer Code.
2. Within 14 days of delivery, the Buyer who intends to exercise the right of withdrawal is required to communicate his wish to DEANGELIS using the withdrawal form referred to in Annex I, part B of the Consumer Code or using the one available at the bottom of the present GSC or by presenting any other explicit declaration of your decision to withdraw from the contract by sending a communication to the references indicated in the art. 1, in one of the following modes:
  1. Recommended Letter with Acknowledgment of Receipt;
  2. Ordinary Email;
  3. PEC.
3. The communication must contain the indication of the product and the order number (where present).
4. The burden of proof relating to the correct exercise of the right of withdrawal, in accordance with the procedure indicated above, is borne by the Buyer.
5. Following the correct exercise of the withdrawal, unless DEANGELIS collects the goods directly, the Buyer will have the burden of returning the goods without undue delay and in any case within 14 days from the date on which the Buyer communicated to DEANGELIS the your decision to withdraw from the contract.
6. The Buyer must visibly apply on the packaging the document received from DEANGELIS following the above-mentioned notice of withdrawal, which already indicates the shipping address and the details relating to the order necessary to identify the return to destination. The Buyer is advised to include a copy of this document also inside the packaging, in order to avoid loss or the impossibility of identifying the return once it reaches the warehouse. The relevant shipping costs of the goods will be borne by the Buyer.
7. The goods subject to the withdrawal must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all their parts, accompanied by all accessories and illustrative sheets, identification tags and original labels, where present, still attached to the goods and intact and not tampered with, as well as perfectly suitable for the use for which they are intended and free of signs of wear or dirt.
8. The Buyer is responsible for the decrease in value of the returned good resulting from handling other than that necessary to establish the nature, characteristics and functioning of the good itself.
9. DEANGELIS, upon written communication to be sent to the Buyer within 5 working days of receipt of the goods, may reduce the amount of the refund due to this decrease in value, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount due by the Buyer due to the decrease in value of the goods.
10. DEANGELIS may refuse to accept a withdrawal for food products that have been consumed even partially (such as, for example, bottles that present reductions in quantity not due to external factors) or that present specific alterations (e.g. capsule that is not intact or has holes ).
11. Goods made to measure or personalized or which, by their nature, cannot be returned or are subject to rapid alteration or deterioration are excluded from the possibility of withdrawal.
12. In any case, it is understood that, with reference to the provision of services, the right of withdrawal cannot be exercised by the Buyer after the complete supply of the products by DEANGELIS if the supply itself began with the express agreement of the Buyer and the latter has agreed to lose the right of withdrawal following the full execution of the service by DEANGELIS.
13. Without prejudice to the above, the right of withdrawal is not permitted in the case of:
  1. sealed packaged products, opened by the Buyer;
  2. goods made to measure or personalized (e.g. products prepared on request);
  3. of goods which by their nature cannot be returned or risk deteriorating or expiring rapidly (e.g. fresh and perishable food products as well as products which are subject to controlled temperature storage - cold chain);
  4. virtual products (by way of example and not limited to: gift boxes, gift cards, etc.);
  5. provision of services, if the performance began with the express agreement of the buyer;
  6. provision of accommodation for non-residential purposes;
  7. services concerning free time activities if the contract provides for a specific date or period of execution (e.g. experiences).
14. Withdrawal is also excluded from modest contracts. For the purposes of qualifying as a "small contract", the limit established by national legislation is equal to 50 euros, in accordance with the provisions of EU legislation.
Legal guarantee of conformity
1. DEANGELIS is directly responsible for the conformity of the products under warranty.
2. For products classified as "New" within 24 months from the date of purchase and within 12 months if the products are not classified as new ("Used"), if the Buyer detects the presence of characteristics different from the quality standards represented by DEANGELIS , including any defects specified for Used products, or should you consider them non-compliant, you are required to contact DEANGELIS within 8 days of discovery, by sending an e-mail to amministrazione@maurideangelis.it, indicating in detail the alleged defects , as well as the Order number (where present) and the Purchaser's address. DEANGELIS will therefore contact the Buyer for resolution. In particular, the Buyer is required to deliver the product to DEANGELIS for the purpose of verifying non-conformity.
3. If DEANGELIS confirms the non-conformity, it will proceed with the repair or replacement of the product, without additional costs borne by the Buyer. In the event that the two previous remedies are not possible, the sums foreseen for the purchase of the product will be refunded by issuing a purchase voucher of an equivalent amount ("Discount Code").
4. In the case of products that prove to be compliant after delivery to DEANGELIS, the shipping and return costs are considered to be borne by the Buyer.
Refunds
1. Any disbursement of sums by way of reimbursement by DEANGELIS, if due, will take place as soon as possible, and in any case no later than 14 days from the date on which the event giving rise to the reimbursement occurred and in case of withdrawal, from the day on which the Buyer became aware of its exercise. DEANGELIS will carry out the refund using the same payment method used by the Buyer for the initial transaction, unless expressly agreed otherwise with the Buyer and provided that the Buyer does not incur any costs as a consequence of using the different payment method. If the Buyer has expressly chosen a different type of delivery which involves higher delivery costs than those connected to the standard delivery offered by DEANGELIS, the latter will not be required to reimburse the relevant amounts. It is understood that, with the exception of cases in which DEANGELIS has decided to collect the goods directly, DEANGELIS may withhold the reimbursement until it has received the goods or until the Buyer has demonstrated that he has sent the goods back, depending on which situation occurs first.
Responsibilities of DEANGELIS
1. DEANGELIS will not be responsible for damages that may arise from the use of the Platform such as computer viruses, omissions, service interruptions and software failures, including damage to the Buyer's IT equipment, which prevent or delay the provision of services if these are due to external causes, force majeure and/or third parties not dependent on the will of DEANGELIS. DEANGELIS will only be responsible for any defects or discrepancies found on the products sold by it. In any case, DEANGELIS cannot in any case be held responsible for delays or defects or discrepancies caused by events beyond its reasonable control such as, by way of example only: (i) events of force majeure; (ii) events dependent on third party actions such as the interruption or malfunction of the services of telecommunications operators and/or electricity lines, or acts or omissions by carriers or shippers.
Complaints
1. It is possible to request information, send communications or forward complaints by contacting DEANGELIS at the e-mail address: online@maurideangelis.it.
2. DEANGELIS will take charge of the complaint without undue delay, attempting to respond by e-mail or post within the non-peremptory period of 5 working days from receipt of the request.
Processing of Personal Data
1. The Processing of Users' Personal Data will take place in compliance with applicable legislation and in accordance with the Information published on the Platform.
Applicable Law and Competent Court
1. The Contract is governed by Italian law with express exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
2. This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
3. Any dispute concerning the interpretation, execution, resolution or validity of the Contract falls under the exclusive jurisdiction of the Court of Lucca.
4. Please remember that in the case of a Consumer Buyer, for any dispute relating to the application, execution and interpretation of these GCS, the competent court is the place where the Buyer resides or has chosen domicile.
Alternative Dispute Resolution (ADR/ODR)
1. DEANGELIS informs the Buyer who qualifies as a consumer, that, in the event that he has submitted a complaint directly to DEANGELIS, following which however it has not been possible to resolve the dispute thus arising, DEANGELIS will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these TGC (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code) , specifying whether or not it intends to make use of these bodies to resolve the dispute itself.
2. DEANGELIS also informs the Buyer who qualifies as a consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the Consumer Buyer will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.
3. In any case, the consumer Buyer's right to appeal to the competent ordinary judge for the dispute arising from these GTC is without prejudice to the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to promote a resolution. out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
4. Furthermore, for any cross-border dispute relating to the application, execution and interpretation of the DEANGELIS GSC, the Buyer, who habitually resides or has domicile in a member state of the European Union other than Italy, can introduce the European procedure established for small claims from Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, before the competent judicial body, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00 on the date on which the competent court receives the application form. The text of the Regulation can be found on the website https://eur-lex.europa.eu/eli/reg/2007/861/oj.
Final Clauses
1. Autonomy of the clauses
2. If one of the clauses of these GCS is declared void or inapplicable as a result of a law, regulation or decision issued by a competent jurisdiction, only said clause will be rejected while the other clauses will remain valid, unless this leads to a distortion of the present GCS or a significant imbalance in the obligations incumbent on the parties.
3. Conflict between norms
4. These GCS define the main rules relating to the conclusion of purchase and sale contracts via electronic means in which DEANGELIS and a Consumer Buyer are parties. They are completed and integrated by additional policies - Terms and Conditions of Use, Information on the processing of personal data and Cookie Information - aimed at further guiding the Buyer in managing the Platform and services.
5. In the event of a conflict between the different policies, generating a lack of accessibility, intelligibility and/or predictability of the rules, these GCS have priority over the others.

Standard Withdrawal Form

Recipient: MAURIZIO DE ANGELIS

e-mail: amministrazione@maurideangelis.it

I/we (*) hereby notify the withdrawal from my/our (*) contract of sale of the following goods/services (*):

Product	Order n °.	Ordered on	Received on

Name of consumer(s) ______________________________________________

Address of consumer(s) _______________________________________________________

Date___________________________________

Signature of the consumer(s) (only if this form is notified in paper version)

_____________________________________