General Conditions of Use and Sale

The website www.bottegadellacanapa.com is owned by Masioli & Spinelli snc, VAT number 03327710400, with registered office in Viale Jacopo Mazzoni 16-17, 47521 Cesena (FC) Italy, registered in the Register of Companies of the Chamber of Commerce of Forlì -Cesena (hereinafter "Manager" or "Seller") and its use by the user (hereinafter "User" or "Purchaser") is governed by these "General terms of use and sale".

 

Access to and use of this site imply knowledge and use of the following rules. Masioli & Spinelli s.n.c. you may modify or update, in whole or in part, the rules listed below without prior notice. If you do not intend to accept the proposed rules, you must leave the site www.bottegadellacanapa.com.

 

I. General Terms of Use.

1. The User will be the one and only responsible for the use of www.bottegadellacanapa.com and its contents. In fact, the Manager cannot be held responsible for any use of the website and contents by each of its users that does not comply with the laws in force, without prejudice to the Manager's liability for willful misconduct and gross negligence.

2. In particular, the User will be the one and only responsible for the communication of information and data that are incorrect, false or relating to third parties, without the latter having given their consent, as well as in consideration of an improper use corrected by them.

3. None of the information published on www.bottegadellacanapa.com should be considered advice or medical advice, but only general information to be consulted freely. Any decision you make based solely on the information on this site is at your own risk.

4. Since each material will be downloaded or otherwise obtained through the use of the service at the user's choice and risk, all responsibility for any damage to computer systems or loss of data resulting from the download operations rests with the user and cannot be charged to the Manager. The Manager declines all responsibility for any damage deriving from the inaccessibility of the services on the site or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of contents, problems connected to the network, providers or telephone connections and/or telematics, to unauthorized accesses, to alterations of data, to failure and/or malfunctioning of the user's electronic equipment.

5. The User is responsible for the custody and correct use of their personal information, including the credentials that allow access to the reserved services, as well as for any harmful consequence or prejudice that may arise for the Manager or third parties following the incorrect use, loss or theft of such information. The text mentions purely IT terms, commonly recognized and with a univocal meaning which, until otherwise expressly requested, are assumed to be known and understood by the user of the site and the services offered for it.

6. Privacy law

All personal information is recorded and protected as indicated in our Privacy Policy and in the Cookie Policy, which we ask you to read carefully: the legislation also applies if the user accesses www.bottegadellacanapa.com and use the related services. The Privacy law helps you understand how www.bottegadellacanapa.com collects and uses your personal data and for what purposes.

 

7. Intellectual Property Rights

The contents of www.bottegadellacanapa.com, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on www.bottegadellacanapa.com, including the menus, web pages, graphics, colors, schemes, tools, fonts and website design, diagrams, layouts, methods, processes, functions and software that are part of www.bottegadellacanapa.com are protected by copyright and by any other intellectual property right of the Manager and other rights holders.

The reproduction, in whole or in part, in any form, of www.bottegadellacanapa.com and its contents is prohibited, without the express written consent of the Manager. The Manager has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of www.bottegadellacanapa.com and its contents. With regard to the use of www.bottegadellacanapa.com, the User is only authorized to view the website and its contents. Furthermore, the User is authorized to carry out all those temporary acts of reproduction, with no economic significance of their own, which are considered transient or accessory, an integral and essential part of the same visualization of www.bottegadellacanapa.com and its contents and all other navigation operations on the website that are performed only for a legitimate use of www.bottegadellacanapa.com and its contents.

However, the User is not authorized to make any reproduction, on any medium, in whole or in part of www.bottegadellacanapa.com and its contents.

Any act of reproduction must be, from time to time, authorized by the Manager or, if necessary, by the authors of the individual works contained on the website. These reproduction operations must in any case be carried out for lawful purposes and in compliance with the copyright and other intellectual property rights of the manager and authors of the individual works contained on the website. The authors of individual works published on www.bottegadellacanapa.com have, at any time, the right to claim authorship of their works and to oppose any deformation, mutilation or other modification of the works themselves including any act of damage caused to the works, whether it is prejudicial to their honor or reputation. The User undertakes to respect the copyright of the artists who have chosen to publish their works on www.bottegadellacanapa.com or who have collaborated with www.bottegadellacanapa.com in the creation of new forms of expression and art intended to be published , even if not exclusively on the website, or, again, which form an integral part of it. Furthermore, the User is in no case authorized to use, in any way or form, the contents of the website and any single work protected by copyright and any other intellectual property right. By way of example, you will not be able to alter or otherwise modify the protected contents and works without the consent of the Manager and, where necessary, of the individual authors of the works published on www.bottegadellacanapa.com.

8. Trademarks and Domain Names

All the distinctive signs that distinguish the products sold on www.bottegadellacanapa.com and present on the website are registered trademarks of their respective owners and are used within www.bottegadellacanapa.com, for the sole purpose of distinguishing, describing and advertising the products for sale on www.bottegadellacanapa.com.

The Manager and all the other owners of registered trademarks have the right to make exclusive use of the trademarks of their respective ownership. Any use of these trademarks not in accordance with the law and, as unauthorized, is prohibited and entails serious legal consequences. It is in no way permitted to use these trademarks and any other distinctive sign present on www.bottegadellacanapa.com to unduly take advantage of the distinctive character or reputation of these trademarks or in such a way as to cause damage to them and their owners.

 



9. Links to other websites

www.bottegadellacanapa.com contains hyperlinks ("links") to other websites that have no connection with www.bottegadellacanapa.com.

The Manager does not control or monitor such websites and their contents.

The Manager cannot be held responsible for the contents of these sites and the rules adopted by them also with regard to your privacy and the processing of your personal data during your browsing operations.

The User is therefore requested to pay attention when connecting to these websites via the links on www.bottegadellacanapa.com and to carefully read their terms of use and privacy regulations.

In fact, www.bottegadellacanapa.com reminds you that the General Conditions of Use and the Privacy rules of www.bottegadellacanapa.com do not apply to websites managed by other parties other than the Manager. www.bottegadellacanapa.com provides links to other websites solely to facilitate its users in searching and browsing and to facilitate hypertext links on the Internet to other websites. The activation of the links does not imply any recommendation or notification by the Manager for accessing and browsing these websites, nor any guarantee regarding their contents, services or goods supplied by them and sold to Internet users.

 

10. Link to www.bottegadellacanapa.com

Anyone interested in activating links to the Home page and to the other web pages of www.bottegadellacanapa.com, which are publicly accessible, is requested to contact the Manager at the following e-mail address: website @ www.bottegadellacanapa.com. The contact is necessary to activate the request for consent to the hypertext link to www.bottegadellacanapa.com and its pages. The activation of links is granted by the Manager to the applicant, free of charge and on a non-exclusive basis. The Manager has the right to oppose the activation of direct links to its website in the event that the applicant, who intends to activate the link to www.bottegadellacanapa.com, has in the past adopted unfair commercial practices or practices that do not comply with the uses of sector or actions of unfair competition against the Manager or when the Manager fears that these behaviors may be adopted in the future, or again when the applicant has adopted, in the past or fears that he may adopt them in the future, actions discrediting the Manager, your website or services. In any case, the activation of deep hypertext links (such as deep frames or deep links) to www.bottegadellacanapa.com or the unauthorized use of meta-tags is prohibited, without the consent of the Manager.

 

11. Content Warning

The Manager has taken every precaution to prevent content from being published on the website that describes or represents scenes or situations of physical or psychological violence or such that, according to the sensitivity of the users of www.bottegadellacanapa.com, may be considered harmful to the civil beliefs, human rights and the dignity of people, in all its forms and expressions.

In any case, the Manager does not guarantee that the contents of the website are appropriate or lawful in other countries, outside Italy. However, if such contents are deemed unlawful or illegal in some of these countries, please do not access our website and if you choose to access it in any case, we inform you that the use you decide to make of the services provided by www.bottegadellacanapa.com will be your exclusive and personal responsibility. The Manager has also taken every useful precaution to ensure its users that the contents of www.bottegadellacanapa.com are accurate and do not contain incorrect or outdated information, compared to the date of their publication on the website and, as much as possible, even afterwards.

However, the Manager does not assume any responsibility towards users for the accuracy and completeness of the contents published on www.bottegadellacanapa.com, without prejudice to its liability for willful misconduct and gross negligence and except as otherwise provided by law.

Furthermore, the Manager cannot guarantee users that the website will operate continuously, without interruptions and in the absence of errors or malfunctions due to the Internet connection. For any problem encountered in the use of our website, contact Customer Service or the following email address: website@www.bottegadellacanapa.com. A manager will be at your disposal to provide you with assistance and to help you restore the functionality of your access to the website, if this is possible. Likewise, we advise you to contact your Internet service provider or to check that each device for connecting to the Internet and accessing web content is correctly activated, including your Internet browser.

Sebbene il Gestore cercherà di fare tutto il possibile per assicurare un accesso continuo al proprio sito web, la natura dinamica di Internet e dei suoi contenuti, potrebbe non consentire a www.bottegadellacanapa.com di operare senza sospensioni, interruzioni o discontinuità dovuti alla necessità di operare aggiornamenti del sito web. Il Gestore ha adottato misure tecniche ed organizzative adeguate per salvaguardare la sicurezza dei propri servizi su www.bottegadellacanapa.com, l’integrità dei dati relativi al traffico e alle comunicazioni elettroniche rispetto alle forme di utilizzazione o di cognizione non consentite nonché per evitare rischi di dispersione, di distruzione e di perdita di dati e di informazioni riservate e non, relative ai propri utenti, presenti su www.bottegadellacanapa.com, ovvero di accesso non autorizzato, o non conforme alle norme di legge, ai dati e alle informazioni medesime.

II. General conditions of Sale.

 

Given that:

– the expression “General Terms and Conditions of Sale” means the sales contract relating to the Seller's consumables entered into between the latter and the Buyer within the context of a distance selling system organized by the Seller;

– the trademark and logo relating to the site are the exclusive property of the Seller;

– these conditions of sale govern online sales between the Manager and the Purchaser who expressly declares to make the purchase for private use or for purposes that fall within the framework of his commercial, industrial, artisanal or professional activity;

– The Seller reserves the right to refuse service to anyone and at any time and to change prices without notice;

– these premises form an integral and substantial part of the contract.

the following is agreed:

1. Object of the contract

1.1. These general conditions, which are made available to the Purchaser for reproduction and conservation pursuant to art. 12, Legislative Decree 9 April 2003, n. 70, have as their object the purchase of products, carried out remotely and by means of a computer network, through the website belonging to the Seller, VAT number 03327710400, with registered office in Viale Jacopo Mazzoni 16-17, 47521 Cesena (FC), registered in the Business Register of the Chamber of Commerce of Forlì-Cesena e-mail: info @ bottegadellacanapa.com, Tel.: 0039 0547 632909.

1.2. With this contract, respectively, the Seller sells and the Buyer remotely purchases the products indicated and offered for sale on the Seller's Website.

1.3. The main characteristics of the products referred to in the previous point are illustrated on the Seller's Website. The descriptions and images are published by way of example and may not be perfectly representative of the characteristics of the Products, but may differ in colour, size and accessories shown in the figure.

1.4. The Seller undertakes to supply the selected products - within the limits of their availability - upon payment of a fee pursuant to art. 3 of this contract.

1.5 All products visible on our website are legal. We are unable to provide information on the particular legal status of our products in the Buyer's country of residence. It is up to the Buyer to check whether the items purchased have legal restrictions in their country.

2. Acceptance of the conditions of sale

2.1. All purchase orders will be forwarded by the Buyer to the Seller through the completion of the indicated purchase procedure.

2.2. These general conditions of sale must be examined "online" by the Purchaser, before completing the purchase procedure. The forwarding of the purchase order by the Purchaser, therefore, implies total knowledge of the same and their integral acceptance.

2.3. The Purchaser, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with the Seller, the general and payment conditions illustrated below, declaring that he has read and accepted all the indications from provided in accordance with the aforementioned rules, also acknowledging that the Seller does not consider itself bound by different conditions, unless previously agreed in writing.

2.4. By placing the order, by correctly completing all sections of the electronic form, you fully accept the contents of the conditions of sale, the information on the right of withdrawal and the privacy information, which can be read by accessing the links present in the footer.

3. Registration on www.bottegadellacanapa.com

3.1. In order to be able to place an order on the website www.bottegadellacanapa.com, the Purchaser must register through a personal account through the appropriate registration page.

3.2. During the registration process, the Buyer will be asked to choose a username and password. The responsibility that these credentials are reliable falls exclusively on the Purchaser. If the Purchaser suspects that the credentials have been compromised, he must, as soon as possible, proceed with the modification of such data. The Seller is not authorized in any way to request the Buyer's password. Once the account has been activated, the User undertakes to use it, and in any case the related user-id and password, legitimately and correctly, also in light of the legal consequences linked to such use.

3.3. The Purchaser is divided into a Private Customer who does not have a VAT number (hereinafter the "Private Customer") and a Business Customer who has a VAT number (hereinafter the "B2B Customer"), authorized by the Seller after registering on www.bottegadellacanapa.com and after verification by the Seller of Company Name, VAT Number and Tax Code valid for commercial and tax purposes.

4. Sale prices and purchase methods

4.1. The sales prices of the products on the Site are expressed in euros and are intended as indicative and subject to express confirmation via e-mail by the Seller, which constitutes acceptance of the purchase order. The Seller reserves the right to select and change prices and payment methods at any time.

4.2. Private Customer: the prices of the products published on the homepage or in the various sections of the Site are inclusive of VAT. Shipping costs will be calculated and will be made visible to the Private Customer at the time of placing the order and vary according to the total purchase amount and the country of destination. Deliveries to Italy for Private Customers: shipping costs amount to €4.90 including VAT. Cash on delivery payments are not possible. Shipping is free for orders over €49.00. The total cost of the shipment to the Buyer's home is borne by the same, subject to exceptions and derogations which will be specifically advertised on the Site and/or communicated via e-mail. The cost is, in any case, made known to the Purchaser before the confirmation of the purchase order.

4.2.1 Each payment by the Private Customer can only be made by means of one of the methods indicated: advance payment by bank transfer, online payment via PayPal or Credit/Prepaid Card, Cash on Delivery (Cash).

a) advance payment by bank transfer made out to MASIOLI & SPINELLI SNC, at Credit Agricole CariParma IBAN: IT 35 C 0623023913000043440236; the reason to be reported on the advance bank transfer must indicate the number and date of the order, the name and surname of the originator.

b) online payment via PayPal/Credit Card: the Private Customer will be redirected to the PayPal website, through which he can pay with his own PayPal account or by Credit or Prepaid Card (in this case it is not necessary to register an account paypal).

b) payment on delivery (in cash): valid only for deliveries in Italy, San Marino and Vatican City. Payment only in cash. Checks will not be accepted.

4.3. B2B customer: the prices of the products published on the homepage or in the various sections of the Site are not inclusive of VAT if the Purchaser is a B2B (Business) customer. Shipping costs for the B2B Customer will be calculated based on the weight, volume, number of packages and the country of destination after receiving the order and will be communicated to the B2B Customer in the invoice or pro-forma. The total cost of the shipment up to the domicile of the B2B Customer is borne by the same, subject to exceptions and derogations which will be specifically advertised on the Site and/or communicated via e-mail.

4.3.1 Each payment by the B2B Customer can only be made by one of the methods indicated, after receipt of the invoice or pro-forma: advance payment by bank transfer, cash on delivery, online payment via PayPal or Credit Card/ Prepaid.

a) advance payment by bank transfer made out to MASIOLI & SPINELLI SNC, at Banca di Cesena, IBAN: IT 78 K 0707023904000000813055; BIC/SWIFT: ICRAITRRTQ0; the reason to be reported on the advance bank transfer must indicate the number and date of the order, the name and surname of the originator.

b) cash on delivery: this payment method is accepted only for deliveries to Italy, 2.5% of the total amount will be added to the shipping costs (minimum cost = €2.5 excluding VAT).

c) online payment via PayPal/Credit Card: the B2B Customer can choose to pay by Credit/Prepaid Card or PayPal only after receiving the proforma or electronic invoice and by requesting an email to ordini @ www.bottegadellacanapa.com. You will then receive an email containing the link to make the payment via PayPal: you will be redirected to the PayPal site, through which you can pay with your PayPal account or by credit or debit card (in this case it is not necessary to register a PayPal account).

4.4. The product chosen by the Purchaser in the electronic catalog on the website www.bottegadellacanapa.com can be added without obligation to the electronic trolley. The contents of the cart can be viewed, modified or deleted at any time. After confirming the cart, the Purchaser must correctly fill in the request form in all its parts and demonstrate his acceptance of the online purchase. The order process may be interrupted at any time by closing the browser window.

4.5. The receipt of the order does not bind the Seller until the same has expressly accepted the order by e-mail. The Seller, with an e-mail containing a summary of the order details, after checking the availability of the selected product, will confirm and formally accept the order received.

4.6. The Purchaser expressly gives the Seller the right to accept even only partially the order placed (for example in the event that there is not the availability of all the products ordered). In this case, the contract will be considered finalized in relation to the goods actually sold.

4.7. Delivery times: the order will be processed only upon receipt of the credit. Your order will be shipped on average in 1-3 working days from the time the order is placed. (In the case of bank transfer, however, it will be necessary to wait for the sum to appear in our account before being able to proceed with the shipment of the goods). After shipment you will receive an email with the tracking code to trace the shipment on the courier's website.

4.8. The Seller invites all Buyers to check the products upon delivery and, in the event of defects or damage to the product purchased, please contact our customer service immediately.

4.9. Upon delivery of the products and, therefore, accepted by the Buyer at the address provided by him, the responsibility for possible defects falls on the customer.

5. Conclusion of the contract

5.1. The contract stipulated through the Site is considered concluded when the Purchaser receives, via e-mail, the formal order confirmation, through which the Seller accepts the order sent by the Purchaser and informs him that he can proceed with the evasion of the same. The contract is concluded in the place where the Seller's registered office is located.

5.2. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Purchaser that each order sent is stored in digital / paper form on the server / at the Seller's headquarters according to confidentiality and security criteria.

6. Products and Services

6.1 The Seller reserves the right to modify or discontinue the sale of any product, at any time and without any liability to the customer or third parties.

6.2. The Seller cannot be held responsible for any variations in colour, taste or smell of the products on sale on www.bottegadellacanapa.com, which are natural and therefore subject to natural changes.

6.3. The Seller may occasionally launch special offers and services relating to products through the website www.bottegadellacanapa.com and reserves the right to discontinue and control such offers at its sole discretion.

7.Warnings

1. The Buyer agrees that the use of any product or service released by the Seller is done at his own risk. All products are shipped in their integrity, without any express warranty.

2. In no event shall the Seller, or any of its affiliated parties, be liable for any injury, loss, claim, or any other damage whatsoever in connection with the use of its products or services.

8. Complaints

Any complaints can be forwarded to the Seller by e-mail or by telephone. The Seller undertakes to respond to the Buyer within 2 working days, offering the relevant solution. If no solution is presented within the 2 days, the Seller will try to contact the Buyer as soon as possible, undertaking to provide further explanations on the resolution times.

III. Right of withdrawal

The purpose of Masioli & Spinelli s.n.c. ("the Seller") is to guarantee your complete satisfaction. If for some reason you are not satisfied with your order you can exercise your right of withdrawal (click to read more), without any penalty, within fourteen (14) days from the day on which you have received the products purchased on www.bottegadellacanapa.com

The products to be returned must be delivered to the courier within fourteen (14) working days from the date of their receipt. The products can be returned by shipping the package via the courier indicated by the Seller (GLS), or via another courier, only after completing the Return Form which we ask you to complete in its entirety. Only once the items have been received and checked by the competent personnel, will any replacement or refund be made. Customs duties are non-refundable.



IV. Applicable law and dispute resolution

These General Conditions of Use and Sale are governed by Italian law.

In the event of disputes arising from the General Conditions between the Manager or Seller and each of its end users, the Manager or Seller guarantees, as of now, full participation and acceptance of the RisolviOnline conciliation service.

RisolviOnline is an independent and institutional service, provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and secure way, on the Internet. For more information on the Risolvionline.com regulation or to send a conciliation request, access RisolviOnline.com.