GENERAL TERMS OF SALE (CGV) - mabizone.com
The present CGV regulate the purchase, by telematic means, of the products published on the site www.mabizone.com in all its extensions and sub-domains (the "Products") (the "Site"). The site is owned and managed by Fabi Fabrizio's Catering Consulting with registered office in Via Signuria 10 7500 St. Moritz Switzerland CHE-291.004.139 Any communication relating to this contract by Clients may be sent by email to email@example.com or by post to the above address. These GTC form an integral and essential part of the purchase contract for any Product and the placing of an Order shall imply full acceptance by the Customer.
DEFINITIONS AND SCOPE OF APPLICATION
1.1 Definitions: Site: means the site www.mabizone.com in all its extensions and subdomains. Customer: any natural or legal person who places an order on the site. Consumer: any natural person who places an Order for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity eventually carried out. Professional: any natural person or legal entity that places an Order in the exercise of its business, commercial, craft or professional activity. Order: any proposal regarding the purchase of one or more products made by a customer through the site. Contract: any agreement between 'mabizone.com' and a Customer regarding the purchase by the latter of one or more Products governed by the conditions set out below (General Conditions of Sale CGV). 1.2 These General Conditions apply to all sales made on the Site. 1.3 The General Terms and Conditions may be amended at any time. Any amendments and new conditions will be in force from the time of their publication in the "Terms and Conditions" section of the Site. For this purpose, users can access the Site to check the publication of the most up-to-date General Conditions. 1.4 The applicable General Conditions are those in force on the date the purchase order is sent.
RIGHTS AND OBLIGATIONS OF MABIZONE.COM
Mabizone.com undertakes to deliver the PRODUCTS to the address communicated by the CUSTOMER in the purchase order, using the designated carrier. mabizone.COM cannot be held responsible for errors in the delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the CUSTOMER. 2.2 The delivery of the PRODUCTS takes place within the term indicated in the order confirmation, and in any case within 30 days from the conclusion of the contract. Delivery costs are normally charged to the CUSTOMER unless otherwise indicated at the time of purchase. 2.3 The products sold on the site are available in limited quantities and any unavailability of one or more purchased PRODUCTS will be communicated by 'mabizone.COM' to the Customer. In this case, the CONTRACT will be terminated and 'mabizone.COM' will refund the price as well as the shipping costs (in case of multiple orders, limited to the shipping costs referred to the unavailable PRODUCT). The non-availability of one or more PRODUCTS ordered in case of multiple orders, will not give the CUSTOMER the right to cancel the order of the other Products. 2.4 'mabizone.com' in any case will not be responsible in case of loss of revenues, profits, data or for any other indirect damage of any nature arising from or in any way connected to contracts subject to the General Conditions. 2.5 The responsibility of 'mabizone.COM', in any case, cannot be higher than the total value of the purchase order.
RIGHTS AND OBLIGATIONS OF THE CUSTOMER
3.1 The CUSTOMER is solely responsible for the truthfulness and correctness of the information and data provided to 'mabizone.com' and requested by the latter through the SITE, and undertakes to promptly communicate any changes to the data entered. 3.2 The CUSTOMER, when confirming the purchase order, declares: a) to have read, understood and accepted the General Conditions of Sale; b) to authorize 'mabizone.com' to process the personal data communicated at the time of purchase, and to transmit the personal data necessary to process the payment in the manner indicated. 3.3 'mabizone.com' reserves the right to request the customer to send an identity document proving the data entered at the time of order and to refuse an order at its own discretion, in which case it will refund all the sums paid by the customer. 3.4 Delivery of PRODUCTS: Upon delivery of the PRODUCTS to the CUSTOMER by the carrier responsible for their transport, the CUSTOMER must check, in the presence of the carrier: a) that the quantity and type of PRODUCTS ordered corresponds to what is indicated in the transport document; b) that the packaging used for transport is intact, undamaged, wet or otherwise altered, even only in the closing materials; c) that the quantity and type of PRODUCTS delivered corresponds to what was ordered. Any anomalies or discrepancies must be challenged immediately to the carrier upon receipt of the PRODUCTS, through their indication in the delivery note. 3.5 Assistance: For any need of assistance or claim related to the PRODUCTS the CUSTOMER must contact 'mabizone.com' at firstname.lastname@example.org or by mail at the above address.
RIGHTS AND OBLIGATIONS OF THE CUSTOMER PAYMENT AND DELIVERY
4.1 The Customer will pay the full price of the Products ordered, at the same time as placing the Order. It is understood that, in case of non-acceptance of the Order, 'mabizone.com' will promptly refund the Customer the amounts paid. As part of the process of placing the Order, 'mabizone.COM', at its sole discretion, may propose different methods of payment, including, by way of example, payment by credit card (Visa, MasterCard, American Express), payment via "Paypal". In this case the Customer can choose the payment method, among those proposed. 4.2. The invoices requested before sending an order will be issued exclusively in electronic format. 4.3 The delivery times are indicatively those indicated in the purchase order. In the case of omitted indication of a specific term of delivery, it will happen within thirty days starting from the day following the sending of the order. In case of delivery times longer than those indicated on the site, the Customer will not be entitled to any compensation or compensation of any kind, without prejudice to the right to request the cancellation of his order and receive a refund of any sums paid. 4.4 'mabizone.com' will not be responsible for non-delivery or delayed delivery due to force majeure, such as, for example, strikes, public authority measures, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, etc. 'mabizone.com' will promptly notify the customer of the occurrence of a force majeure. If the cause of force majeure persists for a period exceeding 30 (thirty) days, each of the parties will have the right to terminate the contract. In case of withdrawal pursuant to this paragraph, the Customer shall not be entitled to any compensation or indemnity for any reason whatsoever, without prejudice to the right to the return of any amounts already paid for the Product subject of the Order. 4.5 Deliveries are made to the postal address indicated by the user in the order form. 4.6 Upon delivery of the Products to the carrier, an e-mail will be sent to the user to confirm the shipment. Deliveries will be made from Monday to Friday, during normal business hours, excluding national holidays. 4.7 Delivery is deemed completed when the product is made available to the user at the address specified in the order form. 4.8 In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a postcard to certify the delivery attempt. The postcard will indicate the data that the user must use to pick up the package at the competent post office. If the package is not collected by the date indicated on the postcard it will be sent back to 'mabizone.com' and will be in storage, further shipping costs will be charged to the recipient. After thirty days from the date in which the product has been sent back to 'mabizone.com', the contract will be considered terminated and the purchase order cancelled according to art. 1456 c.c. 'mabizone.com' will proceed to the refund of the sum paid by the user net of the expenses of the delivery of the product not successful as well as the costs of returning the same to 'mabizone.com' and storage costs. The termination of the contract and the refund amount will be communicated to the user via e-mail. The refund amount will be credited to the means of payment used by the user for the purchase. If, before the end of the thirty days, the user asks to receive the purchased product again, RB will proceed with the new delivery after charging, in addition to the costs of the same, the costs of returning the product to 'mabizone.com' and the storage costs. 4.9 In the event that the packaging shows obvious signs of tampering or alteration, the user must promptly notify 'mabizone.com' Customer Service by e-mail to the address indicated in the introduction. 4.10 The delivery of the products to the courier typically occurs in 8-15 days from the confirmation of the order unless otherwise indicated on the site at the time of purchase. It is understood that the written duration is purely indicative and 'mabizone.com' cannot be held responsible for damages of any nature deriving from delays in delivery to the customer, who can only request withdrawal from the contract according to the terms of the law.
RIGHT OF WITHDRAWAL AND RETURNS
5.1 The CUSTOMER has no right to withdraw from the CONTRACT as allowed by Swiss law, however 'mabizone.com' will reserve the right to analyze every single case, the customer must send an email to email@example.com 5.2 If the PRODUCT has already been delivered, the CUSTOMER must return it to 'mabizone.com'. To this end - the substantial integrity of the PRODUCT to be returned is an essential condition: no damaged returns will be accepted, but only those kept in optimal state of conservation; - the costs of returning the goods to 'mabizone.COM' are charged to the CUSTOMER, who must send the PRODUCT duly packaged and packaged; the CUSTOMER must insert a copy of the delivery document inside the packaging box. 5.3 If 'mabizone.COM' consents to the withdrawal, the CUSTOMER in accordance with the provisions of the present GCS, 'mabizone.COM' will refund the amounts paid by the CUSTOMER on the payment card or PayPal account indicated by the same for the purchase. The refund will be free of charge, within 7 days from the date in which 'mabizone.COM' has authorized the withdrawal. In case the CUSTOMER has chosen a more expensive shipping method than the standard one offered by 'mabizone.COM' (as indicated in the single campaign), 'mabizone.COM' will be obliged to refund only the cost of the standard shipping service, and not the additional cost. 5.4 In case of withdrawal by the customer and request for return, the refund will be made net of any discount vouchers used at the time of order, the customer will therefore lose the right to use the discount voucher. 5. 5 The right of withdrawal regulated by these GCS does NOT apply: - to goods made to measure or clearly personalized or that, due to their nature, can not be returned or are likely to deteriorate or alter rapidly;- to PRODUCTS falling into the category of underwear, cosmetics (including by way of example perfumes and creams), food products, whose packaging is not perfectly sealed and not damaged; - PRODUCTS falling under the category Carnival, Halloween or other festivities disguise costumes - food products that are perishable or have a deadline of less than 6 months; - audiovisual PRODUCTS or computer software, whose packaging is not returned sealed. It is however excluded the right of withdrawal if the PRODUCT has been manipulated in a different way from what is strictly necessary to establish its nature, characteristics and operation.
USE OF THE SITE
6.1 The descriptions of the PRODUCTS and the images present on the WEBSITE correspond to what is made available by the suppliers/partners of 'mabizone.COM'. The photographs and video presentations of the PRODUCTS accompanying the descriptive information are published on the SITE by way of description, it being understood that the quality of the images (e.g. in terms of exact color display) may depend on software and computer tools used by the CLIENT when connecting to the SITE. 6.2 'mabizone.COM' does not assume any responsibility for problems caused to the CUSTOMER by the use of the SITE and the technologies used, as they do not depend on the CUSTOMER's own inability to access the SITE during the execution of the sales procedure; b) errors, delays or impossibility in the receipt by the CUSTOMER of communications made by 'mabizone.com' in relation to the sale of PRODUCTS.
GUARANTEES AND NON-CONFORMITY OF PRODUCTS
7.1 The products offered on the Site comply with national and EU legislation in force in Switzerland. 7.2 'mabizone.COM' is not responsible for the mismatch between the product ordered and the description of the product on the Site, in the event that the mismatch results from errors in the description attributable to the supplier and of which 'mabizone.com' was not and could not be aware with the use of normal diligence. 7.3 All products sold on the Site are covered by the Warranty. 7.4 In case of conformity defect of the products purchased with respect to the description published on the Site, the user has the right to repair or replace the product, without any additional cost, where this is possible in relation to the number of copies still available for sale and unless the replacement or repair is not excessively expensive for the seller in view of the value that the goods would have, if there were no conformity defect, and the extent of such defect. Alternatively, the user has the right to terminate the contract or reduce the price. 7.5 The conventional guarantees relating to the products sold are those provided directly by the manufacturer. 7.6 In no case can 'mabizone.com' be held responsible for the non-fulfilment of any of its obligations under these General Conditions in the event that the non-fulfilment is caused by chance and/or force majeure, including, by way of example only, natural disasters, terrorist acts, network malfunctions and/or blackouts.
SUSPENSION OF SERVICE
8.1 'mabizone.com' reserves the right to temporarily suspend, without prior notice, the provision of Services for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the same Services. 8.2 'mabizone.com' may, at any time, interrupt the provision of the Service if motivated security reasons or breaches of confidentiality occur.
SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS.
9.1 The contents of 'mabizone. com', such as, for example, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, the graphics, colors, patterns, tools, fonts and design of the website, diagrams, layouts, methods, processes, functions and software, are protected by copyright and any other intellectual property rights of 'mabizone. com' and other rights holders. The reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images, contents of the Site is prohibited unless previously authorized in writing by 'mabizone.com'. Any use of the contents of the Site for commercial and/or advertising purposes is also prohibited. 9.2 All other distinctive signs that distinguish the products sold on the Site are registered trademarks of their respective owners and are used by 'mabizone.com' under license, for the sole purpose of distinguishing, describing and advertising the products on sale on the Site. Any use of the above mentioned distinctive signs not in accordance with the law and, as unauthorized, is prohibited. It is in no way allowed to use any distinctive signs on the Site to take unfair advantage of their distinctive character or reputation or in such a way as to be detrimental to them and their owners. 9.3 Under no circumstances may the user alter, change, modify or adapt the Site, nor the material made available by 'mabizone.com'.