THE BENEFIT COMPANY OWNER OF THE PLATFORM MAST CULTURAL CREATIVE COMPANY BENEFIT COMPANY, IN SHORT FORM “MAST ICC SB” S.R.L. with registered office in Monfalcone (GO) Corso del Popolo 48, pec: firstname.lastname@example.org site: www.mast.tech; Web platform: https://www.de-gusto.it/en/; VAT no., tax code and Company Register No.: 01181290311, REA number: GO – 200611 Share capital: € 10,000 (100% subscribed 70% paid)
MAST ICC SB Srl is a benefit company and at the same time a creative cultural enterprise offering innovative services with high technological value. The company pursues the following goals of common benefit and operates in a responsible, sustainable and transparent way towards people, communities, territory and the environment, cultural and social assets and activities, entities and associations and other stakeholders.
In the exercise of its economic activity, the company pursues one or more positive effects, or the reduction of negative effects, on the following categories: communities, territory and the environment, cultural and social assets and activities, entities and associations and other stakeholders.
The company has the aim of consolidating and disseminating a new entrepreneurial approach, where in carrying out its business activity, in addition to profit, it pursues one or more purposes aimed at the common good, by improving its social impact.
1. Stakeholders of MAST ICC SB Srl
a. Tourists/Consumer Users
b. Companies, producers, raw material processors, distributors, private consortia, hotels and cruise companies; incoming tours, tour operators, travel agencies; associations, competitors
2. Anyone who accesses the platform https://www.de-gusto.it
PURPOSE OF THE PLATFORM
The Platform aims at promoting the territory and companies of Friuli Venezia Giulia, the culture of the region (art, music, food, wine, beer) and the philanthropic spirit, with the aim of involving the 5 (five) senses of the Tourist.
It is a platform that promotes and offers marketing services to Friulian companies that produce, transform and distribute agri-food products (food and beverage) with PAT recognition (traditional agri-food products) recognized as such by the Ministry of Agricultural, Food and Forestry Policies, but also products that the ERSA (Rural development Agency) of Friuli Venezia Giulia believes have a history of at least twenty years and therefore are part of the culture of the Region. That is, they are companies that are part of the hospitality chain in the broad sense (therefore, by mere way of example, including catering).
The platform is divided into modules
The management of this Platform is carried out by MAST ICC SB SRL, Corso del Popolo 48, Monfalcone – Go.
Use of the Platform
The Platform can be used by all Users.
For greater interaction, it provides two types of registration and access.
Registration and access for companies, producers, raw material processors, distributors, private consortia, hotels and cruise companies; incoming tours, tour operators, travel agencies; associations, competitors and anyone who intends to promote their products and services or in any case actively interact with MAST ICC SB Srl to promote the territory and its products, services, works of art and archaeological sites.
Registration and access for tourists and anyone who visits the Platform to acquire services or products, or intends to explore artistic, landscape and naturalistic itineraries.
MAST ICC SB Srl reserves the right to deny access to the Platform at any time without notice.
The Platform or any of its modules cannot, by anyone, be modified, reproduced totally or partially, duplicated, copied, distributed, sold, transmitted, subsequently published, exhibited and/or represented, resold or exploited for commercial or non-commercial purposes, except for the possibility of printing by the User for personal purposes.
The User cannot resell to third parties the products or services purchased through the Platform.
Registration and account security
In order to use specific functions of the Platform, it may be necessary to register an account https://www.de-gusto.it/en/user/login.html. Once registered, the User can access his or her account in the section log into your account https://www.de-gusto.it/en/user/login.html
The User who decides to register or obtain an Account undertakes, by accepting, to:
(a) provide truthful, accurate and complete information about his/her identity (as natural or legal person) as requested in the registration form; and
(b) through the specific functionality of the Platform, maintain and promptly update this information so that the same is always true, accurate, current and complete.
The User exonerates and indemnifies, without limitation, MAST ICC SB Srl from any liability towards the same User holder of the account and the other Users and anyone else, deriving from the failure to keep the User's information accurate.
Should MAST ICC SB Srl have reasonable grounds to suspect that the information provided by the User, through the registration form or other means, is false, inaccurate or incomplete, MAST ICC SB Srl may suspend or close the account and deny any temporary or future use of the Platform. The User is responsible, and therefore exempts and indemnifies MAST ICC SB Srl, for any use, proper or improper, of his/her account with any username or password (or access credentials) by any person or entity. If the User delegates someone to access his/her Platform account, he/she is responsible for ensuring that the use of the account takes place in full compliance with the applicable legislation and these General Terms and Conditions of use of the Platform.
The User undertakes to maintain and protect the confidentiality of his/her username and password.
Acceptance of the Terms and Conditions for using the Platform - Specific contracts and/or agreements
By browsing and interacting with the Platform, the User accepts these General Terms and Conditions and for the services and products offered by the Platform undertakes to sign the specific contracts and/or agreements.
Changes to the General Terms and Conditions of Use
This text represents the version dated June 26, 2020.
MAST ICC SB Srl reserves the right to modify and/or update these General Terms and Conditions of Use of the Platform from time to time without notifying the Users.
The use of the Platform after any changes and/or updates constitutes acceptance of such changes.
User declarations and obligations
The User, a natural person, declares to have reached the age of majority, i.e. 18 years, or, if not an Italian citizen, an older age if in his/her State of origin the age of majority is acquired over 18 years.
The User declares to have the legal capacity to assume contractual rights and obligations and to undertake to use the Platform according to these General Terms and Conditions, which he/she fully understands and accepts.
The User agrees to keep confidential the passwords to access the Platform, and to prevent unauthorized third parties from accessing them. The User declares that all the information he/she provides to access and interact with the Platform and during its use is true, complete and accurate. The User undertakes to keep them updated.
The User agrees not to use this Platform for illegal or prohibited purposes. In particular, the User agrees, by accepting, that he/she will use the Platform exclusively for his/her legitimate legal relationships.
The User indemnifies and exempts from any liability MAST IMPRESA CULTURALE CREATIVA SOCIETA' BENEFIT, IN SHORT FORM “MAST ICC SB” S.R.L. assuming responsibility for any economic consequences deriving from the use of this Platform with his/her own password or from the use of the User's passwords by third parties.
In relation to the purchase of tourist services, daily tourist packages, MAST ICC SB Srl declares to make use of an external partner who holds all legal authorizations and makes reference to the regulatory framework mentioned in the tourist package
TOUR Form - Cancellations and changes - Refunds
MAST ICC SB Srl makes reference to the applicable legislation and to the terms and conditions of the tourist package
TOUR Form - Exclusion of the right of withdrawal
The discipline of withdrawal provided for by Legislative Decree 206/2005 (so-called Consumer Code) relating to the rules established to protect consumers in the event of contracts negotiated outside commercial premises or concluded at distance, is excluded for contracts such as those relating to tourist services of the Platform, pursuant to art. 47 of the same decree as replaced by art. 1, paragraph 1, of Legislative Decree no. 21 of February 21, 2014.
TOUR Form - Travel insurance
Mast ICC SB Srl advises Users to have a travel insurance.
Interactivity with the platform
The User may interact with the platform, with reference to events, products or manufacturing companies or to any other element that is entered into the platform. Comments must not be offensive to anyone or indecent. MAST ICC SB Srl reserves the right to act as moderator and to delete from the chat any comments or messages that are impolite, lewd or inappropriate. MAST ICC SB Srl reserves the right to reply to messages or comments posted by Users.
Industrial and intellectual property rights
All contents of the Website Platform https://www.de-gusto.it/en/ (including, but not limited to, trademarks, texts, graphics, logos, icons, images, audio files and software) are the property of MAST ICC SB Srl or its Partners/Suppliers, and are protected by national and international legislation relating to intellectual and industrial property. The creation (understood as the collection, editing and assembly) of all the contents of the Platform is the exclusive property of MAST ICC SB Srl and is protected by national and international legislation relating to intellectual and industrial property. All software used on the Platform is the property of MAST ICC SB Srl or is owned by the suppliers/partners and is protected by national and international regulations relating to industrial and intellectual property.
MAST ICC SB Srl offers this website “as is” and makes every reasonable effort for its updating, maintenance and operation, but does not provide any guarantee regarding any technical problems, the continued operation of the service, or the fact that the system or Platform will function at all times.
Mast ICC SB Srl shall have no responsibility towards consumer users for what is published by other Users (by way of example and not limited to companies, producers, distributors, transformers of raw materials) both regarding the products and their PAT qualification or inclusion in the ERSA Friuli Venezia Giulia lists and the components, i.e. to be produced with allergens, or to be gluten-free, and therefore regarding the veracity of the labels since MAST ICC SB Srl is not a part of the drafting or control process of the same.
In this regard, Users (by way of example and not limited to companies, producers, distributors, processors of raw materials) who, through the Platform, promote, in favor of Consumer Users or other Users or anyone else, products and services indemnify and exempt MAST ICC SB Srl from any liability arising for any reason and cause.
Links to other websites
The platform https://www.de-gusto.it/en/ may contain links to other websites that are not managed by or under any control of, not even on the contents, MAST ICC SB Srl.
If there are dedicated pages of some Users on the Platform (by way of example and not limited to companies, producers, distributors, processors of raw materials), the same must be understood only as information references, without any evaluation of the content, owners, services or products offered therein.
Applicable law and jurisdiction
These General Terms and Conditions of Use of the Platform, as well as any relationship between eDreams and the User, are governed by the Law of the Italian Republic.
For any dispute between MAST ICC SB Srl and the User, if not resolved amicably between the parties, the jurisdiction will be that of the city of Trieste.
MAST IMPRESA CULTURALE CREATIVA SOCIETA' BENEFIT", IN AN ABBREVIATED FORM "MAST ICC SB" S.R.L. with registered office in Monfalcone (GO) Corso del Popolo n.48, pec: email@example.com site: www.mast.tech; Web platform: www.de-gusto.it/en; VAT number, tax code and company reg. number: 01181290311, REA Number: GO - 200611 Share Capital: Euro10,000 (100% subscribed and 70% paid up). Directors Mr. Marco Arrigoni and Mr. Stefano Bonezzi.
Benefit company registered at the Chamber of Commerce in Gorizia, n. 01181290311
MAST ICC SB Srl is a benefit company and at the same time a creative cultural enterprise offering innovative services with high technological value. The company pursues the common-benefit purposes and operates responsibly, sustainably and transparently towards people, communities, territory and environment, cultural and social goods/products and activities, organisations and associations and other stakeholders.
In exercising its economic activity, the company pursues one or more positive effects, or the reduction of negative effects, on the following categories: community, territory and environment, cultural and social goods/products and activities, bodies and associations and other stakeholders.
The company's aim is to consolidate and disseminate a new entrepreneurial approach, where in the exercise of its business activities, in addition to the profit/earnings scope, it pursues one or more common good purposes, aimed at improving the social impact generated.
ACCOUNT: set of functionalities, tools and contents attributed to a user name, better known as Username, in order to take advantage, in a personal and privileged manner, of certain services offered through the Site/Platform.
COMMERCIAL PARTNERSHIP: the commercial partnership of the de-gusto platform is acquired with the registration and thus the opening of an account by an individual and/or legal entity wishing to sell or buy products via the platform/website www.degusto.it. The commercial partner also acquires a user membership.
CONFORMITY TO THE CONTRACT: Conformity to the Contract are all those products in respect of which the following circumstances coexist, where relevant; 1) they are suitable for the use for which goods/products of the same type are usually used; 2) they conform to the description made and possess the qualities of the good/product, as presented in the website by the Producer /Distributor/Reseller, as a sample or model; 3) they have qualities and performances usual of a good/product of the same type, which the USER can reasonably expect, taking into account the nature of the good/product and, if applicable, public declarations on the specific characteristics of the goods/products made in this regard by Producer /Distributor/Reseller the or its agent or representative, particularly in advertising or on labelling. MAST ICC SB Srl declares that the goods/products and/or services rendered are not custom-made and therefore may not be suitable for the particular use desired by the USER even if such needs have been brought to the knowledge of MAST ICC SB Srl at the time of the conclusion of the Contract. Consequently, no behaviour of MAST ICC SB Srl can be understood as acceptance, even for conclusive facts, distributor, commercial partner, of the manufacturer / distributor / reseller. MAST ICC SB SRL is just a marketplace that provides a dropshipping service without deposit.
CONTRACT FOR THE SALE OF PRODUCTS AND/OR SERVICES: the contract whereby MAST ICC SB Srl sells, or undertakes to sell, the ownership of products and services to the USER and the latter pays, or undertakes to pay, the price. The products and services are seen or offered by companies who are business partners of the platform and who are producers or service providers or in turn sellers of the products and/or services.
CONSUMER CODE: reference legislation for consumer protection, dictated by Legislative Decree No 206 of 6 September 2005, as last amended (hereinafter referred to as the 'Consumer Code' for brevity).
DEFECTIVE PRODUCT/GOODS: A good/product is defective when it does not offer the safety that may legitimately be expected, taking into account all the circumstances, including: a) the manner in which the good/product was put into circulation, its presentation, its obvious characteristics, the instructions and warnings given; b) the use for which the good/product may reasonably be intended and the behaviour that may reasonably be expected in relation to it; c) the time in which the good/product was put into circulation. A good/product cannot be considered defective merely because a further improvement to it was put into circulation at any time. A good/product is defective if it does not offer the safety offered.
DISTRIBUTOR: commercial partner of MAST ICC SB Srl, which has a commercial account to propose in the website Platform www.de-gusto.it the sale of products and / or services that it distributes on behalf of the manufacturer or others on intermediaries
DROPSHIPPING without warehouse: MAST ICC SB Srl sells online to the USER through the drop shipping system without a warehouse and therefore without having the good in stock. The USER will get the good directly from the producer/reseller/distributor.
ELECTRONIC COMMERCIAL CONTRACT: an Electronic Commerce Contract (hereinafter this "Contract") means a contract of sale or service under which MAST ICC SB Srl offers goods/products or services via the web platform https://www.de-gusto.it to the USER placing an order for such goods/products or services on such web platform.
IMPORTANCE AND EFFECTS OF MEMBERSHIP: the membership of Users of the platform is an opportunity to be an integrated and integral part of the purpose of MAST ICC SB Srl: the common good, virtuous circuit to pursue one or more positive effects, with the reduction of negative effects, on the following categories: community, territory and environment, cultural and social goods/products and activities, bodies and associations and other stakeholders.
MARKETPLACE IN GENERAL: they are generally the real or metaphorical place where exchanges take place comparable to real online supermarkets.
MARKETPLACE - E-COMMERCE: MAST ICC SB Srl is the owner of the www.de-gusto.it platform/website and is a marketplace that offers companies space on the platform to present and sell food and wine products and hotel and tourist services for cultural and recreational wine and food experiences in the Friuli Venezia Giulia Region. Companies may be producers, distributors or reseller, incoming tours, tour operators or tour agents, or hotel and/or catering facilities and/or public bodies whose purpose may be, by way of example but not limited to, local promotion.
PLATFORM/WEBSITE USER MEMBERSHIP: de-gusto's platform/website USER membership is acquired upon registration and, therefore, upon the opening of an account by a natural or legal person. The natural person who has platform user membership is also a CONSUMER USER.
PRODUCT: the products referred to in the e-shop within the dropshipping service without warehouse provided by MAST ICC SB Srl.
PRODUCER: the business partner of MAST ICC SB Srl, is the producer of the good/finished product or one of its components, as well as the producer of the raw material, and in the case of agricultural, soil, and animal husbandry, fishing and hunting products, the farmer, breeder, fisherman and hunter, respectively (Art. 115, para. 2-bis, Consumer Code).
RESELLER: commercial partner of MAST ICC SB Srl, which has a commercial account to propose in the website Platform www.de-gusto.it, the sale of products and / or services that it resells on behalf of the manufacturer or others on intermediaries.
REGISTERED USER: Anyone accessing the Site/Platform to "browse" the same for exclusively personal and professional purposes, subject to the issue of individual credentials to access their personal Account created on the www.de-gusto.it Platform to make use of the reserved sections.
SERVICE CONTRACT RELATED TO EVENTS: the contract whereby MAST ICC SB Srl provides, or undertakes to provide, a service to the USER and the USER pays, or undertakes to pay, for it.
USER: any natural person/legal entity using an electronic communication service/site accessible to the public, for private or commercial reasons, without necessarily having subscribed to it. The term User(s) (without further qualification) includes both Registered Users, i.e. persons registered to the website and anyone visiting the website/Platform.
USERNAME: Name under which a User is logged in and recognised by the Platform/website www.de-gusto.it’s server. This is the identifier that, together with the password (keyword or entry code), represents the access credentials to the Account to which they are related.
ARTICLE 1. SALE OF PRODUCTS AND/OR SALE OF SERVICES PROMOTED ON THE PLATFORM
1.1 With the Contract, MAST ICC SB Srl sells and the USER purchases, via telematic means, the goods/products and/or services offered on the Platform/Website www.de-gusto.it.
1.2 The goods/products and/or services are available on the Platform, on the web page https://www.de-gusto.it/en/products/, or https://www.de-gusto.it/en/events/ or https://www.de-gusto.it/en/tours/ which reproduces the goods/products and/or services promoted online by MAST ICC SB Srl. These goods/products and/or services are depicted/represented by the Producers/Distributors/Reseller on the Platform as accurately as possible, highlighting the relevant characteristics. However, MAST ICC SB Srl cannot guarantee a punctual and exact correspondence between the real consistency of the goods/products and/or services promoted online and the relative representation on the monitor of the User, who has the Platform User membership and/or commercial partnership. In the event of any discrepancies between the image of the goods/products and/or the representation of the services visible online and the relative information sheet, drawn up in writing, the latter shall be the sole reference and it shall be the criterion to evaluate the product/service.
ARTICLE 2. ONLINE CATALOGUE UPDATE AND AVAILABILITY OF GOODS/PRODUCTS
2.1 MAST ICC SB Srl ensures, by means of a computerised system, the processing and fulfilment of orders without delay, according to the procedures set out in Art. 3 of the present General Terms and Conditions of Sale of the www.de-gusto.it platform/website. To this end, the electronic catalogue of MAST ICC SB Srl will indicate, in real time, the goods/products available and those not available, as well as the expected times for their shipment. The aforementioned computer system will confirm the registration of the order in the shortest possible time, sending the USER specific confirmation by e-mail (i.e. the Order Receipt).
2.2 If an order should, however, exceed actual stock availability, or should not be available for other reasons, MAST ICC SB Srl, via e-mail, or telephone, or in the message section of the user account, will promptly inform the USER of the unavailability of the good/product in question and if possible, the waiting time to obtain it, asking for confirmation of the order again according to the different times indicated by MAST ICC SB Srl.
ARTICLE 3. CONCLUSION OF CONTRACT
Description of the technical steps necessary to conclude the Contract
3.1 The Contract between MAST ICC SB Srl and the USER shall be concluded exclusively online.
STEPS THAT THE USER MUST FOLLOW - after accessing to the e-commerce sections, e-Shop, the USER must follow the procedures/instructions indicated therein in order to formalise the purchase of goods/products and/or services by filling in the formats prepared by MAST ICC SB Srl. The online publication of the goods/products and/or services via the Platform/website constitutes a simple invitation to offer in order for the USER to formulate his/her purchase proposal, which will be finalised at the conclusion of all the steps subsequently identified.
3.2. If the USER (you) intend to buy online:
3.3 The Contract shall not be concluded, and shall be of no effect, if the procedure set forth in this Article is not complied with.
3.4 For any errors, typos or problems in filling in the online formats and, more generally, in the execution of the purchasing procedures set up by MAST ICC SB Srl, the USER is invited to contact, without delay, the following telephone numbers +39.0481.5487 / email firstname.lastname@example.org.
ARTICLE 4. OBLIGATION TO PAY
Payment of the price, taxes and any ancillary charges:
4.1 The USER undertakes to pay the requested price for the goods/products and/or services purchased online, in accordance with the terms and conditions indicated on the platform
4.2 The prices of the goods/products/services promoted via the Platform, as well as any other charges/expenses related to the invitation to offer, are expressed in Euro.
4.3 The prices are inclusive of VAT and all other taxes. Shipping costs, as well as any additional charges, such as customs clearance, if present, although not included in the sale price, will be indicated and calculated by MAST ICC SB Srl in the purchase procedure, before the order confirmation is sent by the USER, and specified in the summary of the order itself (order receipt).
ARTICLE 5. PAYMENTS AND REFUNDS
Method, timing and security of payments and possible refunds
5.1 Payment of the goods/products/services purchased online, will be made according to the method chosen by the USER, among those expressly admitted by MAST ICC SB Srl and specified. The use of the payment methods does not imply any additional charge for the USER , except for possible costs borne by MAST ICC SB Srl, duly proven and communicated to the USER.
5. 2 Any eventual reimbursement to the USER will be credited through one of the methods proposed by MAST ICC SB Srl and chosen by the USER, and, in case of withdrawal, within a maximum of 14 days (fourteen days) from when MAST ICC SB Srl has received formal communication of the withdrawal. MAST ICC SB Srl may, however, postpone the reimbursement until the receipt of the goods/product, or, in any case, until the USER has provided adequate proof of having sent it back (as specified in art. 8.6 below).
5.3 All payment-related communications take place on a special encrypted line, which guarantees the storage of such information with a high level of security and in compliance with the applicable data protection regulations.
ARTICLE 6. DELIVERY OF GOODS/PRODUCTS
Delivery methods, times and costs
6.1 The Producer/Reseller/Distributor shall deliver the ordered goods/products, without undue delay, at the latest, within 30 days (thirty days) from the date of conclusion of the Contract, in the manner indicated on the Website/Platform, or, alternatively where permitted, chosen by the User.
6.2 In the event that the Producer/Reseller/Distributor is unable to dispatch the goods within the time limit referred to in the previous paragraph, they will promptly notify the USER by e-mail, i.e. message on the Website/Platform account.
6.3 Modalities, times, costs and any other shipping charges for the territories served by the Producer/Reseller/Distributor are punctually indicated on the Platform at the following web address: https://www.de-gusto.it/en/
ARTICLE 7. ORDER ARCHIVE
Storage/archiving of contractual documents
7.1 Pursuant to art. 12 Legislative Decree 70/2003, as well as articles 50-51 of the Consumer Code, the USER is informed that every order sent online will be stored and archived in digital and/or paper format at MAST ICC SB Srl, according to adequate criteria of confidentiality and security. For any copies or other requests in this regard, the USER is invited to contact MAST ICC SB Srl at the following address email@example.com
7.2 The USER is invited to store both the Order Receipt and the Dispatch Confirmation sent by MAST ICC SB Srl, as well as the present General Terms and Conditions of Sale of the www.de-gusto.it platform, in an appropriate digital format on his/her device.
WITHDRAWAL, WARRANTIES AND LIMITATIONS OF LIABILITY
ARTICLE 8. RIGHT OF WITHDRAWAL
Terms and modalities for exercising the right of withdrawal/return
8.1 The USER has a right of withdrawal/return if the product/goods purchased have a best before day more than 90 days.
8.2 The USER has the right to a refund of the amount paid for services, if the service provided by MAST ICC SB Srl and/or the third party was purchased at least 30 days before the event/tour, in order to allow MAST ICC SB Srl or the third party, in case of withdrawal/revision, to sell the service/tour to other USERS. In case of withdrawal/re-thinking after the 30th day before the event/tour, the USER will not be entitled to any reimbursement, in case of sale to other USERS, the withdrawing/re-thinking USER will be due the difference between what MAST ICC SB Srl or the third party obtained from the sale to other USERS and the cost paid by the withdrawing USER.
8.3 Without prejudice to what is specified in Article 8.1, the USER has the right to withdraw from the Contract for the purchase of products/goods, without penalty and without specifying the reason, within the term of 14 calendar days (fourteen days), starting from the day on which the USER (or a third party designated by the USER) acquired physical possession of the good/product, or, in the case of a contract for services, from the day the Contract was concluded.
8.4 If the USER intends to exercise the right of withdrawal for a purchase of products/goods, he/she shall notify MAST ICC SB Srl by means of an appropriate communication, sent by registered mail with recorded delivery to Corso del Popolo 48, 34074 Monfalcone - Go, or, finally, by sending it by Certified Electronic Mail (PEC) to the following e-mail address firstname.lastname@example.org.
8.5 The return of the goods/product by the USER must take place, without delay and, in any case, within 14 days (fourteen days) from the date the withdrawal communication is sent to MAST ICC SB Srl. The only costs due by the USER for exercising the right of withdrawal will be postal or shipping costs in general for the return of the goods/product to MAST ICC SB Srl, which prescribes the adoption of all possible caution in shipping, using the original wrappings and packaging of the goods/product, or equivalent, that will preserve the integrity and adequately protect it during transport. The return of the good/product following the exercise of the right of withdrawal shall be made to the following address indicated by the Producer/Reseller/Distributor.
8.6 MAST ICC SB Srl will carry out the reimbursement of the price of the good/product for which the withdrawal was exercised within 14 days (fourteen days) from the receipt of the withdrawal communication from the USER. In general, MAST ICC SB Srl will use the same means of payment chosen by the USER for the initial transaction, unless the USER has provided otherwise, in which case the USER will be exclusively responsible for any additional cost deriving from the different means of payment chosen. It will be the right of MAST ICC SB Srl to withhold the refund until the receipt of the good/product, or until the USER has provided proof of having returned it.
8.7 If the returned good/product is damaged, or shows signs of wear connected to handling that is not strictly necessary to establish its nature, characteristics and relative functioning in an immediate and direct way, MAST ICC SB Srl will deduct from the refund an amount corresponding to the decrease in relative value. Therefore, in the event that the returned goods/product is damaged (e.g. in the presence of abrasions, scratches, or other deformations, etc.), or not complete with every element or accessory (including labels, tags, etc.), not accompanied by instructions for use, or not accompanied by the product's original packaging, the product will be returned to the customer), not accompanied by enclosed instructions/notes/manuals, original (or, in any case, adequate) packaging and/or wrapping, or by the relevant warranty certificates (if any), the USER shall be liable for the patrimonial decrease in the value of the good/product, with the right to reimbursement for an amount equal to the residual value of the good/product itself.
8.8. Food and wine products may not be opened or tasted. Opening the product/goods does not entitle to a refund.
8.9 Upon receipt by MAST ICC SB Srl of the communication by which the USER expresses his/her will to exercise the right of withdrawal, all obligations connected to the Contract shall cease, subject to the provisions of this Article.
ARTICLE 9. GUARANTEES
9.1 Without prejudice to the perishability of the product/goods, or its suitability for immediate consumption or in any case within the term (the best before day) indicated by the producer, the USER is guaranteed the Conformity of the goods/products to the Contract within the two-year (2 years) term from their delivery. Unless proven otherwise, any conformity defects that become apparent within 6 months (six months) from the date of delivery of the good/product shall be presumed to have already existed on that date, unless this is incompatible with the nature of the good/product or the conformity defect in question.
9.2 In the absence of Conformity of the goods/products to the Contract, the USER may request, alternatively and free of charge, the repair or replacement of the goods/product purchased, or a reduction of the price, or the cancellation of the Contract, unless the request is objectively impossible to fulfil, or excessively onerous for MAST ICC SB Srl pursuant to art. 130, paragraph 4, Consumer Code. If repair or replacement is impossible or excessively onerous, or if MAST ICC SB Srl has not repaired or replaced the goods/product within the agreed terms or, finally, if the replacement or repair previously carried out has caused considerable inconvenience to the USER, the latter may request, at his/her own choice, a reduction in the price or termination of the Contract.
9.3 The USER forfeits all rights connected to the Conformity of the goods/products to the Contract if the USER does not report the conformity defect complained of to MAST ICC SB Srl within 2 months (two months) from the date of its discovery. The forfeiture and the term for the complaint do not apply if MAST ICC SB Srl has expressly acknowledged the defect, or has consciously concealed it, the complaint must specify the non-conformity found, as well as at least a photograph of the goods/product in question, all accompanied by a receipt from MAST ICC SB Srl proving the purchase.
9.4 The USER must send the complaint/request and relative documentation to one of the following addresses: i) Mast Icc sb srl, Corso del Popolo 48, Monfalcone 34074, for communications via registered mail with return receipt; ii) or, via PEC, to the following certified mail email@example.com Upon receipt of the complaint/request and relative documentation, MAST ICC SB Srl will evaluate the non-compliance reported by the USER and, after having carried out the preliminary verifications, will authorise or not the return of the goods/product by providing the USER with a "Return Code", sent via e-mail to the address provided during the transmission of the order. However, the authorisation to return the good/product does not constitute recognition of the non-conformity, the existence of which will only be ascertained after the good/product has been returned. The goods/product itself - of which MAST ICC SB Srl has authorised the return - must be returned to the address expressly indicated, together with a copy of the return authorisation bearing the "Return code" and in full respect of the precautions as per Art. 8.7.
9.5 Should MAST ICC SB be obliged to reimburse, totally or partially, the USER for the price paid, the reimbursement will be made, where possible, through the same means of payment used by the USER when purchasing the goods/product, or alternatively, through bank transfer. It will be the USER'S responsibility to communicate to MAST ICC SB Srl, already during the complaint/request, the bank details to make the bank transfer in his/her favour and to put MAST ICC SB Srl in the condition to be able to refund the amount due.
9.6 MAST ICC SB Srl does not offer the USER any further conventional guarantee.
ARTICLE 10. LIABILITY AND LIMITATIONS
Defective products/goods, compensable damage and burden of proof
10.1 The Producer is responsible for damages caused by defects in the goods/products promoted/sold via ecommerce the Website/Platform www.de-gusto.it/en/. Pursuant to art. 116 of the Consumer Code, MAST ICC SB Srl will be liable for damages caused by defects in the goods/product sold, if it fails to inform the damaged party, within three months of the request referred to in the following third paragraph, of the identity and domicile of the Producer, or of the intermediary who supplied the goods/product in question.
10.2 The damaged party may request compensation for damages caused by death or personal injury, or by the destruction or deterioration of something other than the defective good/product, as long as it is normally intended for private use or consumption and is used by the damaged party in this sense. In the latter hypothesis, pursuant to Article 123 of the Consumer Code, the damage to something other than the defective good/product shall be indemnifiable only to the extent exceeding the sum of € 387.00 (three hundred and eighty-seven euros). In any event, it will be up to the injured party to prove both the defect and the damage, as well as the necessary causal connection between the defect and the damage suffered.
10.3 The damage claim, exclusively in writing, must specify the good/product that caused the damage, as well as the date and place of purchase. Furthermore, if still existing, it will be the responsibility of the damaged party to offer the good/product in question for viewing, according to the indications given by the Producer/Distributor/Reseller, or MAST ICC SB Srl, or by third parties indicated by the latter.
10.4 Damage compensation shall be excluded if the injured party, despite being aware of the defect in the good/product and the associated dangers, has voluntarily exposed himself to it. In the presence of fault on the part of the injured party - who by using ordinary diligence could have avoided the damage suffered - the compensation claimed shall be excluded or reduced in proportion to the severity of the fault attributable to the victim.
10.5 Liability for consequences resulting from defective goods/products shall be excluded if the defect itself is attributable to the goods/product's conformity with a mandatory legal norm or other binding measure, or if the state of scientific and technical knowledge at the time the goods/product was put into circulation did not yet permit it to be considered defective.
10.6 MAST ICC SB Srl offers this website "as is" and makes every reasonable effort to update, maintain and operate it, but makes no warranty as to any technical problems, the infallibility of the service, or that the system or the Platform will function at all times.
ARTICLE 11. LIMITATIONS OF LIABILITY
Non-attributable defaults and unauthorised payments
11.1 Mast ICC SB S.r.l. has no responsibility towards users for what is published by other users (e.g. companies, producers, distributors, reseller, processors of raw materials, public bodies, etc.) about the products and any kind of qualification/certification, description, inclusion in special categories, included but not limited to their PAT qualification or inclusion in the ERSA Friuli Venezia Giulia lists, or about the components, or for being allergen products, or for being gluten free products, and therefore about the truthfulness of the labels, of which Mast ICC SB S.r.l. is not part of the process of drafting or control.
11.2 In this regard, commercial partner Users (by way of example but not limited to companies, producers, distributors, reseller, raw material processors) who promote, through the Platform/website, products and services for the benefit of Consumer Users or other Users or for the benefit of anyone, indemnify and exonerate MAST ICC SB Srl from any responsibility arising from any legal title or legal cause and reason.
11.3 MAST ICC SB S.r.l. is not responsible for the failed or delayed execution of the Contract if this depends on inefficiencies attributable to force majeure, fortuitous events, or in any case not attributable to MAST ICC SB S.r.l. With the exception of the hypotheses pursuant to art. 1229 of the Civil Code, no compensation will be due to the USER, who will only have the right to receive the full refund of the price.
11.4 MAST ICC SB S.r.l. - having demonstrated the adoption of all possible precautions based on ordinary diligence, experience, as well as the best science of the moment in terms of security of online transactions - does not assume any responsibility for any fraudulent, illicit or irregular use of credit cards, cheques or other means of payment, attributable to intentional or negligent conduct of the USER with respect to the obligations of safekeeping and timely information to the issuer of the aforementioned means of payment.
11.5 For further information on the liability disclaimers of MAST ICC SB Srl with regard to the use of the Platform, please refer to the General Terms and Conditions of Use/navigation of the Platform, on the following webpage https://www.de-gusto.it/en/terms-and-conditions.html
ARTICLE 12. PRIVACY - PROCESSING OF PERSONAL DATA
Processing of the USER's personal data
12.1 MAST ICC SB Srl protects the USER'S personal data, guaranteeing the full compliance of their processing with the reference legislation and, in particular, with Regulation 679/2016 as well as the relevant national regulations (Privacy Code, as amended and supplemented).
The USER is asked to consult:
ARTICLE 13. COMMUNICATIONS AND COMPLAINTS
Contact details of MAST ICC SB Srl and the USER
13.1 For any request, please refer to the following contact details: Official communications addressed to MAST ICC SB Srl, as well as any complaints made by the USER shall only be valid if sent by registered mail with recorded delivery to Mast Icc sb srl, Corso del Popolo 48, Monfalcone 34074, or forwarded by e-mail to the following certified e-mail address (PEC) firstname.lastname@example.org.
13.2 When the user is a Registered User with an account in the website/Platform, or at the latest in the order confirmation form, the USER indicates their residence or domicile, their telephone number and e-mail address to which communications from MAST ICC SB Srl will be sent.
ARTICLE 14. ONLINE DISPUTE RESOLUTION (ODR)
Online out-of-court dispute resolution
14.1 In accordance with EU Regulation 524/2013 (1), the USER is informed of the right to refer the resolution of any dispute with MAST ICC SB Srl - regarding the offer and purchase of goods/products and/or services promoted online - to bodies/companies/offices active in alternative dispute resolution (so-called ADR - Alternative Dispute Resolution), through simple, fast and inexpensive web-based procedures (so-called ODR - Online Dispute Resolution).
14.2 For any information on the aforementioned ODR procedures, please visit the following site: Online Dispute Resolution. https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase
ARTICLE 15. APPLICABLE LAW AND EXCLUSIVE JURISDICTION
Competent Court and law applicable to the Contract
15.1 If the consumer does not adhere to the ODR referred to in the previous article, or if the ONLINE DISPUTE RESOLUTION does not take effect, any dispute between MAST ICC SB Srl and the USER regarding the Contract will be governed by Italian law and administered, except for derogations, by the judges of the consumer's court. The USER will be guaranteed, in any case, the rights conferred by the mandatory consumer protection regulations in force in the relative country of residence and/or domicile.
15.2 For the reference rules of jurisdiction and applicable law to the Contract, reference is made to Article 66 bis of the Consumer Code, Article 18 of EU Reg. 1215/2012, Article 6 of EU Reg. 593/2008, as well as Articles 3 and 57 of Law 218/1995.
15.3. Any dispute between MAST ICC SB Srl and non-consumer USERS or consumer that is not EU citizen, inherent to the Contract shall be governed by Italian law and administered, except for derogations, by the judges of the Court of Trieste.
ARTICLE 16 MISCELLANEOUS
Available languages and usability of the Platform beyond the territory of the Italian Republic
16.1 The Platform and its services are available in Italian and in English.
16.2 These General Terms and Conditions of Sale of the www.de-gusto.it platform are available in Italian and in English. The Italian language shall prevail on the English language. If they are translated into other languages, the Italian language version shall prevail over the others. Regarding only the consumer's EU Citizen mandatory rights, regardless of the language used, the interpretation most favourable to the USER as a consumer shall prevail in any case.
16.3 Accessible from computers, tablets, smartphones or other devices, wherever they are located, the Platform/website promotes goods/products and/or services intended primarily for the domestic market. Orders from third countries, except as specified below, will be accepted and processed as agreed. In this case, unless otherwise agreed, delivery will take place at the premises of MAST ICC SB Srl. MAST ICC SB Srl reserves the right to suspend/cess, with short notice and without any penalty, any promotion, commercialisation, sale, supply of goods/products and/or services via the Platform, should legal/fiscal/customs obstacles, or in any case objective obstacles (and not subjective obstacles connected to the User's geolocation), preclude the receipt of orders and/or the execution of the Contract with Users resident or domiciled in third countries.
16.4 Consumer-related clauses in "B2B" contractual relationships, i.e. between companies, may be subject to exceptions and, therefore, may not be applicable to this type of contract for the online sale of products/goods and/or services
Version of 30.05.2022