General Terms and Conditions of Sale applying to orders placed through the mantracoldpressed.com website

 

The Customer hereby expressly declares that he/she is making the purchase for purposes not related to his/her trade, business or profession.

 

Identity of the Supplier

The products forming the subject matter of these general terms and conditions are sold by MANTRA JUICE SRL, a limited liability company with registered office in Piazza Cavour 3,  20121 Milan – holding VAT and tax code no. 09373620963 – entered in the Business Administrative Register held by the CCIAA (Chamber of Commerce, Industry, Crafts and Agriculture) of Milan under no. MI-2085975

(hereinafter referred to as “Mantra”).

 

Clause 1

Definitions

1.1. “General Terms and Conditions of Sale” shall mean these terms and conditions of sale.

1.2. “Online Purchase and Sale Agreement” shall mean this purchase and sale agreement concerning food products sold by Mantra entered into between the latter and the Customer under a distance sales scheme organized by Mantra, using one or more means of distance communication.

1.3. “Customer” shall mean the consumer, a natural person who is carrying out the purchase referred to in this Agreement for purposes that are not related to such trade, business or profession as may be engaged in or practised by him/her.

1.4. “Mantra” shall mean the legal entity referred to herein above, i.e. the seller and/or provider of services.

 

Clause 2

Subject matter of the Agreement

2.1. Under this Agreement Mantra shall sell to the Customer, and the Customer shall purchase, on a distance basis and by any means of distance communication, one or more of the products displayed and offered for sale on the www.mantracoldpressed.com website.

2.2. The products referred to in sub-clause 2.1 above are described on the www.mantracoldpressed.com/en/market web page.

 

Clause 3

Manner of conclusion of the Agreement

3.1. The Agreement between Mantra and the Customer shall be concluded through the Internet only, by means of the accessing of the www.mantracoldpressed.com website by the Customer, on which, after having followed the procedure shown, the Customer shall formalize an offer for the purchase of one or more of the products referred to in sub-clause 2.1 above.

 

Clause 4

Conclusion and enforceability of the Agreement

4.1. Upon the completion of the guided purchase procedure, the purchase and sale agreement  shall be concluded by clicking or pressing the “Place Order” or “Proceed to PayPal”buttons on the www.mantracoldpressed.com/en/checkout page, after having viewed, on each occasion, a web page showing a printable summary of the  order containing the details of the person placing the order and of the order itself, the price of the products purchased, the delivery charges and, where applicable, any additional charges, the method and terms of payment, the address to which the products will be delivered and the delivery times.

4.2. Upon receipt of the Customer’s order Mantra shall send the Customer a printable summarized order confirmation email, which will also show the data referred to in sub-clause 4.1 above.

4.3. The Agreement shall not be deemed concluded and binding upon the parties in the absence of the summarized order confirmation e-mail referred to in sub-clause 4.2 above.

 

Clause 5

Method of payment and refunds

5.1. Payment by the Customer may solely be made by means of a bank transfer, carried out in advance, or by credit card or PayPal, by filling in the appropriate fields that will be found in the order completion phase.

5.2. Any and all refunds to the Customer shall be credited to the Customer in a timely manner by one of the methods proposed by Mantra and chosen by the Customer.

 

Clause 6

Delivery Methods and Times

6.1. Mantra will deliver the selected and ordered products by the method chosen by the Customer or specified on the website at the time of the offer of the product, as confirmed in the e-mail referred to in sub-clause 4.2 above.

6.2. The delivery dates and times stated by Mantra in the order confirmation are to be understood as being merely estimated dates and times. While Mantra will make every effort to comply with delivery dates and/or times and to send the products within the maximum time limits permitted under the Applicable Law, it shall on no account be held liable for delays in no way imputable to it.  If Mantra is unable to carry out the delivery of the products within the said time limits, prompt notice to such effect shall be given to the Customer by e-mail.

6.3. The delivery methods, times and charges are clearly set out on the www.mantracoldpressed.com/en/shipping delivery page; Mantra reserves the right to charge the Customer for all additional costs given rise to because of any and all delivery address changes not made known to Mantra in a timely manner.

 

Clause 7

Prices

7.1. All of the prices of the products shown on the www.mantracoldpressed.com/en/market store website are expressed in Euro and are inclusive of VAT and any other applicable taxes.

7.2. The delivery charges and all additional charges, if any, while not included in the purchase price, will be shown and calculated during the course of the purchase procedure before the order is submitted by the Customer and will also be displayed on the web page containing the summary of the order placed.

7.3. The prices shown next to each of the products offered to the public on the www.mantracoldpressed.com/negozio store page may be changed by Mantra at any time.  The relevant current price of each product purchased will, therefore, be calculated at the time of the order confirmation.

 

Clause 8

Availability of the products

8.1. Although Mantra will use its best endeavors to ensure that the products shown on the website are available at all times, Mantra cannot and does not guarantee that the products will be available at the time of the receipt of an order. If, for any reason, the order exceeds the quantity on hand at Mantra’s warehouse, Mantra will notify the Customer by e-mail, within a reasonable period of time, of the fact that the product can no longer be ordered or will inform the Customer of how long it will take before the product selected becomes available, and ask whether or not the Customer wishes to confirm the order placed.

8.2. Mantra’s IT system will confirm, within the shortest possible space of time, that the order has been registered and will forward confirmation thereof to the Customer by email in accordance with sub-clause 4.2 above.

 

Clause 9

Limitation of liability

9.1. Mantra will not be liable for any poor service due to causes of force majeure should it be unable to process an order within the timeframe provided for under the Agreement.

9.2. Mantra will not consider itself liable towards the Customer, except in the case of intentional wrongdoing or gross negligence, for any poor service or malfunctioning connected with the use of the Internet that is beyond its control or beyond that of its sub-suppliers, or in connection with any poor service ascribable to third parties responsible for the carriage and delivery of the products.

9.3. Mantra will also not be liable for any damage, loss or cost suffered or incurred by the Customer as a result of any non-performance of the Agreement for causes not imputable to Mantra, as the Customer will, where applicable, solely be entitled to the refunding of the price already paid and of such additional charges as may have been debited to the Customer by Mantra.

9.4. Mantra will not be liable for any fraudulent or other unlawful use made by any third party of credit cards, cheques or other means of payment used for the payment of the products purchased, if it can prove that it took all possible precautions on the basis of the state-of-the-art knowledge and expertise available at the time and by exercising due and reasonable care.

9.5. The Customer hereby acknowledges that he/she has duly examined all of the information with regard to the identity, composition, ingredients, properties or other characteristics of the food products and that he/she has therefore made an informed choice within the meaning of EU Regulation no. 1169/2011 and releases Mantra from any responsibility in such regard.

9.6. Under no circumstances shall the Customer be deemed liable for any delay or problem in connection with a payment if he/she is able to prove that the payment in question was made by him/her within the timeframe and in the manner specified by Mantra.

 

 

Clause 10

Liability arising from defects, proof of damage and indemnifiable damage: Mantra’s obligations  

10.1. In accordance with Article 114 et seq. of the Italian Consumer Code, Mantra shall be liable for damage caused by any defect in the product sold if it fails to inform the Injured Party, within a time limit of 3 months as from the date of the claim, of the name and address of the producer or person who supplied Mantra with the product.

10.2. Any such claim by the Injured Party must be made in writing and must identify the product that caused the damage, the date and place of purchase; it must also contain an offer to make the product available for inspection, if it still exists.

10.3. Mantra shall not be held liable for any consequences brought about by a defective product if, at the time of the distribution of the product by the producer, the product would not have been considered defective.

10.4. No compensation shall be due if the Injured Party was aware of the defect in the product and of the hazards arising therefrom and nonetheless deliberately exposed himself/herself thereto.

10.5. The Injured Party shall be required in all cases to provide proof of the defect and damage as well as of the chain of causation between the defect and the damage.

10.6. In accordance with Article 123 of the Italian Consumer Code damage to property may, however, be compensated solely insofar as it exceeds the sum of €387 (three hundred and eighty-seven Euro).

 

Clause 11

Warranties and Customer Service

11.1. The consumables are presumed to be in conformity with this Agreement if, where applicable, the following set of circumstances exist: a) they are fit for the purposes for which products of the same type are normally used; b) they comply with the description given by Mantra and possess the quality characteristics of the product which Mantra made available to the Customer as a taster or sample; c) they offer the quality and benefits that are typical of products of the same type and which the Customer can reasonably expect, given the nature of the products and, where applicable, taking into account any public statements on the specific characteristics of the products made in such regard by Mantra, the producer or by its agents or representatives, particularly in advertisements or on labels; d) they are also fit for the particular purpose for which the Customer requires them and which the latter made known to Mantra at the time of the conclusion of the Agreement and which Mantra accepted, whether explicitly or implicitly.

11.2. The Customer shall forfeit all applicable rights if he/she fails to notify Mantra of any lack of conformity within a time limit of 7 (seven) days commencing from the date upon which the defect was discovered. Such notification shall not be required if Mantra acknowledged the existence of the lack of conformity or refrained from disclosing it.

11.3. Except where proven otherwise, it shall in any event be assumed that any lack of conformity that comes to light within 7 (seven) days of the date of delivery of the product already existed at that date, unless such assumption is incompatible with the nature of the product or the nature of the lack of conformity.

11.4. In the event of any lack of conformity, the Customer shall be entitled to request, free of charge, and on the terms and conditions set forth herein below, either the replacement of the product purchased or a reduction of the purchase price or the termination of this Agreement, unless the meeting of such request would objectively be impossible or excessively onerous for Mantra within the meaning of Article 130, paragraph 4, of the Italian Consumer Code.

11.5. Any such request must be delivered to Mantra in writing, by means of a registered letter with acknowledgement of receipt slip and the latter shall notify the Customer, within 7 (seven) working days of the receipt of the said request, of its willingness to comply therewith or of the reasons that prevent it from doing so.

If Mantra agreed to meet the Customer’s request, it shall inform the latter, in the same notice, of the procedure for the delivery or return of the product as well as of the estimated timeframe for the return or replacement of the defective product.

 

Clause 12

Obligations of the Customer

12.1. The Customer undertakes to pay the price of the products purchased within the timeframe and by one of the methods specified in the Agreement.

12.2. After having completed the online purchase procedure, the Customer shall print and keep a copy of this Agreement.

12.3. The information contained in this Agreement has, moreover, already been examined and accepted by the Customer, who hereby acknowledges this, such examination and acceptance being an obligatory step prior to the confirmation of the purchase.

 

Clause 13

Exclusion of the right of withdrawal 

13.1. No right of withdrawal is contemplated herein as the www.mantracoldpressed.com website sells perishable products only within the meaning of Article 59, sub-paragraph d, of Legislative Decree 21/2014.

 

Clause 14

Grounds for termination

14.1. The obligations undertaken by the Customer referred to in Clause 12.1 as well as the guarantee of the successful collection by Mantra of the payment made by the Customer by one of the means of payment referred to in Clause 5.1 are of the essence and, therefore, it is expressly agreed by the parties that the breach of even one of the afore-mentioned obligations only will give rise to the termination of the Agreement by operation of law in accordance with Article 1456 of the Italian Civil Code, without any need for a court ruling, unless any such breach was brought about by a fortuitous event or a case of force majeure.

 

Clause 15

Protection of privacy and processing of the Customer’s data

15.1. Mantra protects the privacy of its customers and guarantees that the processing of their data is carried out in compliance with that which is provided for in the rules on privacy set out in Legislative Decree no. 196 of 30 June 2003 (Privacy Code)[1]. In such regard, customers are advised to read the Privacy Policy section on page www.mantracoldpressed.com/en/privacy-cookie-policy of this website.

[1] Requirements of the Italian Data Protection Authority – Article 154, 1 c) of Legislative Decree 196/2003 – Simplification of certain formalities to be complied with in the public and private sector with regard to the processing of data for administrative and accounting purposes, 19 June 2008, published in the Italian Official Gazette no. 152 of 1 July 2008.

15.2. The personal and tax data acquired directly and/or through third parties by Mantra Juice Srl, the data controller, are collected and processed in the form of hard copies, electronic media and data communication media, according to the processing method, for the purposes of the registering of the Customer’s order and the setting into motion, in such regard, of the procedures for the performance of this Agreement and of the relevant notices required to be given, as well as of the fulfilment of any and all obligations imposed by law and the efficient management of business relationships, to the extent necessary in order to perform the service requested in the most effective manner (Article 24, paragraph 1, sub-paragraph b, Legislative Decree 196/2003)[1].

15.3. Mantra undertakes to treat the data and information transmitted by the Customer as confidential and to refrain from disclosing such data and information to unauthorized persons and from using such data and information for purposes other than those for which they were collected as well as from transmitting the said data and information to any third party.  Such data may be produced solely at the request of the judicial authorities or of any other authority authorized by law to request the production thereof.

15.4. Personal data will be disclosed, subject to the prior signature of a personal data confidentiality agreement, solely to persons appointed to carry out the activities required to be carried out for the performance of the Agreement entered into and will be disclosed exclusively within the scope of such purpose.

15.5. The Customer shall have the rights referred to in Article 7 of Legislative Decree 196/2003, namely:

  1. a) the right to obtain the updating, rectification or, where interested therein, the integration of the data;
  2. b) the right to obtain the erasure, anonymization or blocking of data processed unlawfully, including data that does not need to be kept for the purposes for which the data were collected or subsequently processed;
  3. c) the right to obtain certification of the fact that the operations referred to in sub-paragraphs a) and b) above were brought to the knowledge, including as far as the content thereof is concerned, of the persons to whom or to which the data were transmitted or disclosed, unless compliance with such requirement proves to be impossible or calls for the use of clearly disproportionate resources with respect to the right that is to be protected. The data subject also has the right to object, in full or in part: i) on legitimate grounds, to the processing of the personal data concerning him/her, even if relevant to the purposes for which the data were collected; ii) to the processing of personal data concerning him/her, where carried out for the purpose of the sending of advertising material or of direct selling or for the purpose of the performance of market or commercial communication surveys.

15.6. The notification by the Customer of his/her personal data is a condition of the essence for the exact and timely performance of this Agreement.  In the absence thereof, it will not be possible to meet his/her request.

15.7. The data acquired shall, in any event, be kept for no longer than is necessary for the purposes for which the data were collected or subsequently processed. The deletion thereof shall, in all cases, take place in a secure manner.

15.8. Mantra is the data controller in charge of the collection and processing of the personal data. Any and all requests may be addressed to Mantra by the Customer at its place of business.

15.9. None of the requests, suggestions, ideas, information and material, etc. delivered to the address (including the email address) of the Centre (sic) shall be considered information or data of a confidential nature. Such requests, suggestions, ideas, information and material, etc., if any, shall on no account infringe the rights of any third party and shall contain truthful and sound information and shall in no way prejudice the rights of any third party. The Centre (sic) shall under no circumstances be liable for the content of any such message.

[1] General provision issued by the Italian Data Protection Authority, Practical Guide to simplification measures for small and medium-sized enterprises, 24 May 2007, published in the Italian Official Gazette no. 142 of 21 June 2007.

 

Clause 16

Manner of storage of the Agreement

16.1. Pursuant to and in accordance with Article 12 of Legislative Decree 70/2003 Mantra hereby informs the Customer that each order sent will be stored in a digital/hard copy format on the server/at the registered office of Mantra itself in compliance with confidentiality and security requirements. 

 

Clause 17

Notices and Complaints

17.1. Notices and complaints, if any, addressed to the Supplier shall be deemed to have been validly given and made solely if sent by registered letter with acknowledgement of receipt slip to the following address: Mantra Juice Srl – Piazza Cavour, 3 – 20121 Milan, or by e-mail to the following address: info@mantracoldpressed.com. The Customer shall insert in the registration form his/her place of residence or domicile, telephone number or e-mail address to which he/she would like notices from Mantra to be sent.

 

Clause 18

Applicable law and Reference to other laws

18.1. These general terms and conditions of sale are governed by Legislative Decree 206/2005 on the protection of consumers in the case of distance contracts and by Legislative Decree no. 70 of 09.04.2003 implementing the European Directive no. 2001/31/EC on Electronic Commerce, as well as by any other applicable law and regulation (hereinafter, the “Applicable Law”).

 

 

Clause 19

Jurisdiction

19.1. In the event of any dispute arising with regard to the performance, construction or interpretation of this Agreement, the court having jurisdiction over the Consumer (the term Consumer to be understood as meaning the end Consumer) and the relevant mediation-conciliation bodies, shall be those of his/her place of residence, as provided for under the Applicable Law.

In the case of customers who do not fall within the category of “Consumers” within the meaning of and pursuant to Legislative Decree 206/2005 the courts of Milan shall have exclusive jurisdiction.

 

Clause 20

Final Clause

20.1. This Agreement renders null and void and supersedes any agreement, understanding or transaction, whether written or oral, concerning the subject matter hereof, previously reached or engaged in by and between the Parties.

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