Terms and condition of service

The purchase on the massimocannavo.it website implies acceptance of the following General Conditions by the User. These Conditions can be modified at any time; the applicable Conditions are those in force on the date of purchase of an order. Before using the massimocannavo.it website, the user is required to carefully read the Conditions, as well as to provide his consent regarding the processing of his personal data by reading our privacy policy.

 

1. Ownership of the site

The site, its contents and services are owned by Massimo Cannavò, with registered office in Via G. Bertazzi 11, 95024 Acireale (CT), VAT number 02674690876.

The Site and all its contents may not be reproduced, even partially, distributed, sold, transferred or modified without formal written authorization.  The Site may contain links to sites not managed by the Owner, provided as a simple reference and for the content of which the Owner cannot be held responsible; no warranties are given and no liability is assumed in relation to them. In the event that the user decides to consult them, he does so at his own risk. The reproduction, modification, duplication, copying, distribution, sale or in any case the exploitation of the site for commercial purposes is prohibited, as well as improper use including acts carried out using computer piracy techniques of any kind. It is permitted to download or print a copy of the materials contained on the site for personal use and non-speculative purposes. Unauthorized use of the site and the material contained therein constitutes a violation of applicable laws on intellectual property. You agree to retain all trademark and copyright notices contained on downloaded or copied materials. The use of these materials on any other website is prohibited.

 

2. Purchase of products through the website

The Products offered are described in detail in the relevant product pages. There may be some errors, inaccuracies or small differences between what is published on the Site and the real product. It is also specified that any images of the Products are only representative and do not constitute a contractual element. Purchases through the Site are permitted to Consumer Users. The user must be of age and equipped with the ability to act, necessary to use the site by accepting these Conditions and to assume any liability deriving from the use of the site. The user acknowledges that he is responsible for any use of the site by him or by anyone who uses his personal data.

 

3. Product offer, contract proposal, contract formalization

The order sent by the User will formally represent a contractual purchase proposal, subject to confirmation by the Owner who will have, at his sole discretion, the right to accept or not the User’s order without the latter being able to object to anything for any type of title or reason. The contract for the sale of the products is considered concluded with the acceptance, by the Owner, of the User’s proposal. Acceptance of the offer takes place formally by sending the order confirmation to the e-mail address indicated by the User and/or by viewing an order confirmation page on the Website. In both cases, the date of the order, the user’s data, the characteristics and price of the product, any additional charges and taxes, address and any delivery costs must be reported. If the product is not available, the Owner will inform the user of the new delivery terms, expressly asking for confirmation from the User as to whether or not to proceed with the order.

 

4. Exclusion of the right of withdrawal

Pursuant to art. 59 of the Consumer Code, the right of withdrawal relating to orders placed within the massimocannavo.it website is excluded as these are products made to order and subject to rapid deterioration.

 

5. Warranty Disclaimer

The massimocannavo.it website is provided “as is” and “as available”. The Owner does not provide any guarantee, explicit or implicit, in relation to the Site, nor does it provide any guarantee that the Site will be able to meet the needs of users or that it will never show interruptions or errors or the presence of viruses or bugs. The Owner will undertake to ensure that the Site is available uninterruptedly 24 (twenty-four) hours a day, but cannot be held responsible, in any way, if, for any reason, the Site is not accessible at any time or for any period, being the Owner responsible for any unforeseeable failures and/or interruptions of services, caused by way of example but not limited to: technical problems on machinery, servers, routers, telephone lines, telematic networks, etc. owned by you or by companies selected to offer the services; force majeure such as accidents, fires, explosions, strikes, lockouts, earthquakes, disasters, floods, riots, and other events that are difficult or impossible to predict. For such situations, access to the Site may therefore be temporarily suspended without notice.

 

6. limitation of liability

The Owner of the massimocannavo.it website cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the telematic network beyond his control or that of his suppliers, nor with regard to damages, losses and costs suffered by the User following the failure to perform the services for reasons not attributable to him. Furthermore, the Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of payment methods such as credit cards, Paypal, Stripe, etc.

 

7. Cases of force majeure

The owner of the site cannot be held responsible for the failed or delayed fulfillment of his obligations (processing of the order and/or products, their delivery, etc.) due to circumstances, beyond the reasonable control of the owner, due to events and causes of force majeure. In any case, the Data Controller undertakes to carry out any act in his power in order to identify solutions that allow the correct fulfillment of his duties despite the presence and/or persistence of such causes.

 

8. Jurisdiction

These Conditions are subject to Italian law, and the Court of Catania is competent for any dispute relating to the application, execution and interpretation of the same.

 

Legal guarantee

While taking into account the food nature of the products sold, it should be noted that they are covered by the legal guarantee of conformity pursuant to articles 128 and following of the Consumer Code, for which the seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods. In the event of a lack of conformity, the consumer has the right, at his choice and provided that the nature of the product permits it, to restore, without charge, the conformity of the goods by repair or replacement, or to an appropriate reduction in the price or termination of the contract.

In case of lack of conformity of products sold on the e-commerce site of Massimo Cannavo the Customer must contact us immediately at the email address servizioclienti@massimocannavo.it.