GENERAL TERMS AND CONDITIONS OF SALE
- GENERAL TERMS AND CONDITIONS
- Purpose. These General Terms and Conditions govern the distance selling of semi-finished products for artisan ice cream and pastry making, as well as cafeteria products performed via the website www.mec3incups.com.
- Seller. The seller of the Products and the Website owner is MEC3 - OPTIMA S.p.A. (a company subject to management and coordination activities by Cone Investments UK Ltd.) whose registered office is in Via Gaggio 72, 47832 San Clemente (RN), Tax Code - VAT No. 01622060406, REA No. RN-205378, Telephone: +39 0541 859411, Fax: +39 0541 859412, Website: www.mec3.com/, Email: email@example.com, Certified email address: firstname.lastname@example.org.
- The Products are sold exclusively at wholesale level and are therefore reserved for those who have a VAT number. The Company reserves the right to make any appropriate checks in this regard by requesting VAT certification declared by the Customer when accessing the Reserved Area and when purchasing the Products. By placing your order, the Customer declares under its responsibility to buy the Products solely for purposes related to their commercial or professional activity and not to act therefore as a consumer in relation to the Contract.
- Knowledge and acceptance of the General Terms and Conditions. Before placing an Order, the Customer is required to read these General Terms and Conditions carefully, which can be consulted, saved and reproduced at any time by accessing the following URL http://mec3incups.com/it/condizioni-di-vendita on the Website. By making a purchase on the Website, the Customer fully accepts these General Terms and Conditions and exempts the Company from providing any further reference to the General Terms and Conditions after placing the Order.
- Written form. Without prejudice to the application of the mandatory rules of the law, the Customer declares and accepts that all communications, information and contractual terms and conditions (including these General Terms and Conditions), which will be provided or made available in electronic format, meet the written form requirement, when required by applicable law.
- Exclusive application of the General Terms and Conditions. Changes. These General Terms and Conditions are the only ones applicable to Contracts between the Company and the Customer. The application of the Customer’s general or special terms and conditions of contract is in any case excluded. The Company reserves the right to amend these General Terms and Conditions at any time, by publishing the updated version on the Website. Every Contract shall be governed by the current General Terms and Conditions when the Customer places an order.
- It is possible to contact and ask the Company for information using the contact details referred to in point 1.2 or by contacting MEC3 Customer Services at the following email address: email@example.com.
- In these General Terms and Conditions, the terms listed below have the following meanings:
"Order Acceptance": as defined in art. 4.3;
"Reserved Area": the reserved area of the Website which each customer must log in to with their Credentials to be able to purchase the Products;
"Customer": any person with a VAT number who purchases the Products on the Website;
"General Terms and Conditions": these General Terms and Conditions of sale of MEC3 - OPTIMA S.p.A.;
"Contract": any contract of sale between the Company and the Customer, concluded in accordance with the procedure described in art. 4.3;
"Credentials": the Customer’s email address and their personal password chosen by them to access their reserved area;
"Order Confirmation Message": as defined in art. 4.3;
"Order": as defined in art. 4.2;
"Price": as defined in art. 6.1;
"Products": semi-finished products for artisan ice cream and pastry making, products for cafeteria and any other product offered for sale from time to time by the Company on the Website;
"Order Summary": as defined in art. 4.2;
"Website": the website that can be accessed at the address www.mec3incups.com;
“Company”: MEC3 - OPTIMA S.p.A..
- Procedure for purchasing products
- In order to make the first purchase on the Website, the Customer will need to access the Reserved Area, create their Credentials and profile, by filling out the appropriate forms for delivery and invoicing information. The Credentials will be stored to speed up any subsequent access. In order to purchase the Products, it is necessary to access to the Reserved Area using your Credentials. The information relating to the Customer’s profile can be amended at any time by using the Reserved Area.
- Once the Reserved Area has been accessed, the Customer can select the desired Products - which are packaged in boxes of six units (minimum purchase batch) - and the related quantity, by adding them to the "Cart" using the button. By accessing the "Cart", the Customer will be able to view all the Products selected, with the related price, and edit their choices before finalising their order ("Order"). After selecting the desired products and pressing the "Buy" button, the Customer will access their Order where the total Price of the Products, also including VAT appears and any additional delivery costs. To place an order, you will need to make the advance payment of the total Price by clicking on the "Pay with Credit Card" button located at the bottom of the page. Once the Order has been placed with the Company it will be confirmed by an order summary screen, which will show all the details of the order, the Products purchased and the total Price ("Order Summary").
- The Customer’s Order will be valid as an irrevocable purchase proposal pursuant to art. 1329 of the [Italian] Civil Code for each of the Products indicated in the Order, which should be considered individually. The Company will confirm receipt of the Order by sending an Order confirmation email message ("Order Confirmation Message"). The Company will assign a number to the Order placed by the Customer, which will be used to identify the Customer’s file whenever they contact the Company. The Order Confirmation Message does not constitute acceptance of the Customer’s purchase proposal but only confirms that the Company has received the Order and will check it, including the availability of all the Products ordered. The Order shall be considered accepted by the company only after the receipt by the Customer of an Order acceptance email message ("Order Acceptance"), which will contain a summary of all the details of the Order, as accepted by the Company. Only at this time will the Contracts relating to the sale of the Products be deemed to have been concluded between the Company and the Customer.
- The availability of the Products shown on the Website at the time of the Order, must be regarded as purely indicative and subject to verification by the Company. The actual amount of Products which are the subject of sale and delivery will be confirmed by the Company during Order Acceptance. If one or more of the Products ordered by the Customer is/are unavailable, the Company will reimburse the Customer the related Price within three working days from Order Acceptance.
- The information and characteristics of the products are indicated on the Website. The page dedicated to each Product offered for sale also indicates the Product code; Products are packaged in boxes of six units, which constitute the minimum purchase batch. By accessing the Reserved Area, the Customer can also refer to the technical data sheet of the Products.
- The visual representation of the Products on the Website, where available, normally corresponds to the photographic image accompanying the description. It is understood that the sole purpose of the image of the Products is to present them for sale and cannot be fully representative of their actual characteristics and quality. For the purposes of the characteristics of the Products, only that indicated on the relevant technical data sheet is valid.
- PRICE, PAYMENT AND INVOICING
- The prices of the Products are stated excluding VAT. All prices are expressed in euros. The total price of the Order ("Price"), including VAT and any delivery costs pursuant to art. 6.2, will be visible in the Order before it is placed. The Customer will have to pay the Price in full and in advance before placing the Order, according to the provisions of art. 4.2.
- If buying a single box of Product, the delivery costs will be borne by the Customer. If buying a two or more boxes of Product, the delivery costs will be borne by the Customer.
- The Company reserves the right to change the Price of the Products at any time. In any case, the price of the Products that can be seen on the Website when placing the Order will be applied.
- The Price will be paid solely by credit card and will be subject to authorisation by the issuer. If authorisation is denied, the Company will not be liable for any delay or failure to supply the Products and the Order shall be deemed automatically cancelled.
- The cards that can be used to make purchase within the Website are:
Diners Club International.
- To ensure maximum security, the Customer will perform the payment transaction directly via the payment system provider’s platform.
- Upon receipt of the Customer’s advance payment, the Company will issue an invoice for the advance payment. To issue this invoice the Company will use the electronic invoicing information provided by the Customer, the correctness and updating of which is the sole responsibility of the latter. Upon dispatch of the Products, the Company will issue the sales invoice.
- DELIVERING THE PRODUCTS
- The Company uses third-party couriers to ship and deliver the Products to the Customer. By accepting their use by the Company, the Customer accepts in any case that any damages or losses relating to the Products, occurring during transport, will be expressly and solely governed by the General Terms and Conditions of the courier service used, including the limitations of liability and the maximum compensation limits. By accepting these General Terms and Conditions, the Customer as of now waives asking the Company for any compensation for any loss or damage to the Products resulting from negligence and/or a breach of contract by the courier. This shall be without prejudice to the Customer’s right to take out an insurance policy for transport. The costs of such a policy will be entirely borne by the Customer.
- The Products will be delivered in 3 to 5 business days from the Order Acceptance date, depending on their destination location. Delivery times are purely indicative. The Customer can however track their delivery using the link that will be provided by the Company.
- COMPANY’S LIMITATIONS OF LIABILITY
- Any complaints concerning the quantity, kind, type or quality of the Products purchased must be communicated to the Company in writing within 8 days from receipt of the Products, under penalty of forfeiture.
- If the Customer has not met the deadline referred to in art. 8.1 and their complaint is considered well-founded and relevant by the Company, the Company may, after checking the Product which is the subject of the complaint (which must, if so requested, be sent by the Customer at their expense), shall, replace the faulty Product, in a reasonable period, if available. If the Product is unavailable, the Company will reimburse the Customer the related price within three working days of notifying them of the unavailability of the Product.
- Except as provided by the mandatory rules of the law, the Company shall not assume any other obligations other than those expressly provided for in these General Terms and Conditions and shall not offer any guarantee, expressed or implied, with respect to the Products and services supplied. Without prejudice to the Customer’s obligation to thoroughly prove both the imputability of the intentional or grossly negligent action, the cause of the damage, of the Company and the extent of the damage suffered, and the causal link between the damage and the action ascribed to the Company, the Company’s liability in respect of the Customer is however excluded, unless it is due to gross intent or negligence.
- Industrial and intellectual property rights
- All the contents of the Website, including - purely by way of example - Product images, descriptions and designations, are the property of the Company, which is also the owner of all rights, also pursuant to Law 633/1941 and Legislative Decree No. 30/2005.
- It is forbidden to copy, reproduce and/or otherwise wholly or partially use the contents of the Website without the Company’s prior written permission.
- GENERAL PROVISIONS
- The Customer undertakes to keep their Credentials confidential and accepts, in so far as permitted by applicable law, being considered solely responsible for any activities that will be carried out by accessing its Reserved Area.
- The Customer guarantees the accuracy, completeness and truthfulness of all information provided to the Company when registering for the Reserved Area, undertaking for this purpose to promptly notify the Company of any related changes.
- The possible invalidity, ineffectiveness and/or nullity of one or more provisions of these General Terms and Conditions and/or of the individual Contracts shall not give rise to the invalidity, ineffectiveness and/or nullity of the remaining clauses.
- The individual Contracts are not transferable to third parties, in whole or in part, unless agreed in advance in writing between the parties.
- APPLICABLE LAW AND COMPETENT COURT
- These General Terms and Conditions and the individual Contracts are exclusively governed by Italian law, with the exclusion of the related conflict rules. The application of the Vienna Convention on the international sale of goods of 11.04.1980 (ratified by the Italian State with Law 11.12.1985 No. 765) is expressly excluded.
- The Courts of Rimini are exclusively competent to decide any disputes which may arise between the Company and the Customer, including those relating to contract negotiations, the conclusion, execution, interpretation or resolution of these General Terms and Conditions, as well as of any Contracts and relations which have taken place between the parties in relation to the sale of the Products.
- DECLARATION PURSUANT TO LEGISLATIVE DECREE NO. 231/2001
- The Customer hereby declares being aware of the provisions contained in the General Part of the Organisation, Management and Control Model pursuant to Legislative Decree No. 231/2001 and in the Code of Ethics of MEC3 - OPTIMA S.p.A. (available to view at the following link: https://www.mec3.com/it/chi-siamo/the-genuine-company#codice-etico) and undertakes to share their content as well as to comply with them when implementing Contracts to be concluded with the Company.
- Non-fulfilment by the Customer of the commitments referred to above will be considered by the parties as cause to terminate the Contracts existing between them, pursuant to art. 1456 of the [Italian] Civil Code, and will legitimise the Company to terminate them with immediate effect, without prejudice to compensation for any damage caused.
UNFAIR CLAUSES (wording to inserted next to the appropriate flag)
Pursuant to and for the effects of articles 1341 and 1342 of the [Italian] Civil Code, I specifically accept the following clauses of the General Terms and Conditions: 1.3 - Limitations; 1.4 - Knowledge and acceptance of the General Terms and Conditions; 1.5 - Written form; 1.6 - Exclusive application of the General Terms and Conditions. Changes; 4.3, 4.4 - Procedure for purchasing Products; 5.2 - Products; 6.1, 6.3, 6.4, 6.7 - Price, Payment and Invoicing; 7 - Delivering the Products; 8 - Complaints. Company’s limitations of liability; 10.1, 10.4 - General provisions; 11 - Applicable law and competent court.