General Sales Conditions
Dispute Resolution (at the bottom of the page)
Publication date on the website and entry into force: 1/02/2021
Subject
1.1. These general sales conditions (hereinafter referred to as the “Conditions”) apply to the purchase of “MAYERORGANICS” branded products (hereinafter referred to as “Products” or singularly “Product”) made through the e-commerce website www.mayerorganics.com (hereinafter the “Website”) by users qualifying as “Consumers” according to the subsequent Article 1.2. The Website, owned by A.F.MAYER, with registered office in Reggio Emilia, Via Pansa 45, 42124, (hereinafter the “Seller”),
1.2. The purchase of the Products made through the Website will involve A.F.MAYER as the seller (hereinafter the “Seller”) and the individual who purchases one or more Products for purposes not attributable to their entrepreneurial, commercial, artisanal, or professional activity as the buyer (hereinafter the “Consumer”) (the Seller and the Consumer will be collectively referred to as the “Parties”).
1.4. Any communication from the Consumer related to or concerning the purchase of the Products – including any reports, complaints, requests regarding the purchase and/or delivery of the Products, exercising the right of withdrawal, etc. – must be sent to the Seller using the contact form available on the Website.
1.5. Each purchase is governed by the general sales conditions in the version published on the Website at the time of transmission of the order by the Consumer.
1.6. The Website is dedicated to retail sales and, as such, is intended for the exclusive use of Consumers. Individuals who are not Consumers are invited not to place orders. If one or more sales are made to a subject who does not qualify as a Consumer, these Conditions will still apply, but contrary to what is provided for in these Conditions:
the buyer will not be granted the right of withdrawal as provided in Article 10; the buyer will not be entitled to the warranty on the Products indicated in Article 8; the buyer will not be granted any other protections provided here in favor of the Consumer, which reflect or conform to mandatory legal provisions; the sales contract concluded between the Seller and the buyer will be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.7. Upon transmission of the purchase order, the Consumer agrees that the confirmation of the information regarding the placed order and these Conditions will be sent to them via email at the address provided by the Consumer during registration on the Website or during the purchase process.
1.8. In order to make purchases through the Website, the Consumer must be of legal age (18 years) and have the legal capacity to act, which the Consumer declares to possess.
1.9. The Consumer is solely responsible for any expenses related to internet connection to the Website, including telephone charges, according to the rates applied by the selected operator.
Characteristics of the Products and their availability in different geographic areas
2.1. The Products are sold with the characteristics described on the Website and according to the Conditions published on the Website at the time of order submission by the Consumer, excluding any other conditions or terms.
2.2. The Seller reserves the right to modify these Conditions at any time at its discretion, without the need to provide any notice to the users of the Website. Any modifications made will be effective from the date of publication on the Website and will apply solely to sales concluded from that date.
2.3. Prices, Products for sale on the Website, and/or their characteristics are subject to change without notice. It is the responsibility of the Consumer to verify the final sale price before submitting the relevant purchase order.
2.4. The Website can be accessed from all over the world. However, the Products available on the Website can only be purchased by users who request delivery to one of the countries indicated on the Website.
2.5. All purchase orders sent to the Seller must be related exclusively to the normal consumption of the Products.
Legal Warranty of Conformity by the Seller, Reporting of Conformity Defects, and Warranty Interventions
8.1. In accordance with European Directive 771/2019/EC and Italian Legislative Decree No. 206/2005 (hereinafter referred to as the “Consumer Code”), the Seller guarantees the Consumer that the Products will be free from design and material defects and will conform to the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Consumer. Any warranty is excluded in case of use of the Product that is not in conformity with the intended use of the Product and the instructions/warnings provided by the Seller. The Seller also guarantees that the goods have the ordinary quantity, quality, durability, functionality, compatibility, and safety that are usually found in goods of the same type.
8.2. The Consumer may report any defects and non-conformities by submitting a proper communication to the Seller’s Customer Service through the contact form available on the Website, indicating the identified defect and/or non-conformity and attaching at least 1 (one) photograph of the Product, the order confirmation sent by the Seller, and/or the fiscal receipt. The action to enforce defects that were not fraudulently concealed by the Seller is time-barred in any case within twenty-six months from the delivery of the Products to the Consumer.
8.3. Upon receipt of the aforementioned communication and supporting documentation, the Seller will assess the defects and non-conformities reported by the Consumer through the assistance service of the Controller, and after examining the documentation provided by the Consumer, will decide whether to authorize the return of the Products. In the event that the return of the Products is authorized, the Seller will provide the Consumer with an email confirmation to the address provided by the Consumer during the registration process on the Website or when placing the order, containing the return form to be included in the package, a sheet with the warehouse address to be printed and applied to the outside of the package, and instructions for proceeding with the return of the Product. The authorization to return the Products shall in no way constitute acknowledgment of defects or non-conformities, the existence of which shall be ascertained after the return, namely upon the arrival of the Products at the Seller’s warehouse at the address indicated in the following paragraph. Upon arrival of the Products at the Seller’s warehouse, the Seller will carry out quality checks on the returned Products through the assistance of the Controller. If the Seller does not authorize the return because the Product is found to have no defects, the Seller will notify the Consumer via email that the Product is compliant and does not present any defects, and consequently, will invite the Consumer to retrieve the Product at their own expense, refusing to perform any warranty interventions.
The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization communication containing the “Return Code,” within 30 (thirty) days from the notification of the defect or non-conformity, to the following address: A.F. MAYER – Via Pansa 45 – 42124 Reggio Emilia (RE) – ITALY.
8.4. If, following the Seller’s quality checks, the Product actually presents defects or non-conformities, the Consumer shall be entitled to have the Seller restore the conformity of the Product through repair or replacement, or to alternative remedies expressly provided by the Consumer Code.
If the Seller has committed to refund the price paid to the Consumer, the refund will be made, if possible, using the same payment method used by the Consumer at the time of purchasing the Product.
Liability for damage caused by defective products
9.1. Regarding any damages caused by defects in the Products, the provisions of the Consumer Code shall apply. The Seller, as a distributor of the Products through the Website, is released from any liability, without prejudice to the Consumer’s rights under the Consumer Code.