Terms and Conditions
www.serere.eu (hereinafter the “Website”) is published by Materia Medica Processing Srl, an Italian “società a responsabilità limitata” with a registered office in Via della Rena 20 – 4th floor – 39100 Bolzano-Bozen Italy IVA no. 029 8125 0216 (hereinafter “MMP”).
I – GENERAL PROVISIONS
The General Terms and Conditions of Sale detailed below apply to all orders placed with MMP for all products and services offered on the Website (the “T&C’s”). They can be accessed at any time on the Website. MMP reserves the right to adapt or modify the T&C’s at any time. The Terms and Conditions applicable to a transaction are reflective of the T&C’s published at the time an order is placed. An order submission implies adherence, without reservation, to the terms and conditions.
II – WEBSITE INFORMATION AND ACCESS
www.serere.eu is an e-commerce merchant owned and managed by MMP.
The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by MMP or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control. MMP is not liable for any damage incurred by an unavailability of the Website.
MMP does not guarantee availability or accessibility of the Website or guarantee availability or access to the Website, the content or services will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, MMP may be obliged to partially or totally suspend access to the Website temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.
MMP reserves the right to update the Website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.
III – PLACING Orders
To place an order clients must provide personal data (i.e. shipping address).
The client ensures the accuracy and completeness of the data provided. The client shall update personal data. If an error occurs relating to the recipient address, MMP shall not be held liable in the case of inability to deliver ordered products.
To place an order, the client must have full legal capacity to enter into contracts, and possess a valid payment card issued by a bank acceptable to MMP’s payment provider. MMP reserves the right to refuse any request or order and to close an account at its sole discretion.
IV – PRODUCTS
The products offered for sale are those described and available on the Website, within the limit of available product stock. Information is updated in real time. Nevertheless, errors cannot be held the liability of MMP. MMP cannot be liable in case of an order cancellation because of stock depletion.
MMP takes care in the presentation and description of the products to provide the best possible information. However, some non-substantial errors may appear on the Website, which the client acknowledges and agrees to.
In any case, in the event of nonconformity of the product delivered compared to its description on the Website, the client may either exercise his right of withdrawal, or implement the MMP guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
V – ORDER
Acceptance of an order placed on the Website is subject to compliance with MMP procedure.
The client may at any time change or remove the products added in the cart (the “cart”) before the order is placed. The cart summarizes the products selected by the client, as well as its price, V.A.T. and shipping costs, excluding customs and other taxes. The client may modify the cart before validating the order.
The price paid by the client doesn’t include customs and other taxes. Additional costs shall be directly paid by the client to the carrier.
Confirmation of the order by the client implies the acceptance of the T&C’s. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the client by MMP. For this purpose, the client formally accepts the use of email for receiving confirmation of the contents of their order from the company MMP.
VI – ORDER REFUSAL
MMP reserves the right to remove at any time any product displayed on the Websites and/or to replace or modify any content or information related to any product. Despite the best efforts of MMP to satisfy client expectations, MMP may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.
MMP cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.
MMP reserves the right to refuse or cancel any Order placed by a client with whom MMP has currently a dispute concerning the payment of a previous order or on suspicion of fraud.
VII – PRICES AND TERMS OF PAYMENT
Price are mentioned in the Websites in Euros. Prices include V.A.T. but exclude any customs duties and other taxes. CBD products can be sold to the following countries: Austria, Switzerland, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden, Slovenia, United Kingdom, Iceland, Liechtenstein, Norway.
Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.
MMP reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the applicable rates at the time of placing the order, subject to availability.
The products are payable on the day of the order.
The purchases shall be settled either via the secure platform provided by Clearhaus. The client expressly acknowledges that disclosure of their bank card number to MMP gives the company authorization to debit their account the total invoice of the ordered products. As the case may be, a notice of the order cancellation for payment error is sent to the client by MMP to the registered email address.
VIII – DELIVERY
Deliveries are carried out by DHL, Monday to Friday, depending on the option chosen by the client at the time of validating their order.
Delivery operates at the time of the transfer of the product’s physical possession to the client (the “Delivery”). The risk of lost or deterioration of the Product is transferred to the client at the time of the Delivery.
Delivery prices applicable to the Order are those indicated on the Website at the time of the Order.
The delivery is made to the delivery address indicated by the client, being specified that it must be the address of the customer’s residence, an individual of their choice or a legal entity (delivery to their company).
The client must provide accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the client, products will be returned to MMP which will reimburse the Client within five (5) days of the products’ receipt by MMP.
Orders are shipped within 12 business days at most for a Delivery in Italy and 20 business days for an International Delivery, from the first business date after the confirmation of the Order.
Unfortunately, MMP can only deliver to the following countries for legal reasons: Austria, Switzerland, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden, Slovenia, United Kingdom, Iceland, Liechtenstein, Norway.
MMP cannot be liable for the late Delivery caused by a case of force of nature.
If the delivery time is exceeded and is not justified by a case of a force of nature, the client may request a cancellation of the
sale and within a maximum period of 15 days will receive a refund of the Order. MMP cannot be liable of any direct or indirect damage resulting from delay of delivery.
IX. RIGHT of RETURN & REimbursement
9.1 Withdrawal right’s duration and conditions
Any non-professional customer could use its withdrawal right during a period of fourteen (14) days from the Delivery.
In such cases, the client must fill in the return form available at the end of the T&C’s to MMP at firstname.lastname@example.org. The return request will be confirmed by MMP to the client by email. The client must follow the procedure mentioned into the email confirmation.
9.2 Return conditions in case of the use of the withdrawal right
The products must be returned to MMP within 14 days from the use of the withdrawal right by the client. After 14 days, the sale is final. The products shall be returned new with its original packaging.
Return of the product(s) is the responsibility of the customer.
If the client does not adhere to these terms and conditions, including conditions of return or exchange, MMP cannot proceed to refund the products in question.
A refund by MMP for the order returned is made within 14 days by the communication by the client of the withdrawal right, subject to the receipt of the Products and its excellent condition.
Repayment will be made through the same payment means used to complete the Order. If the payment is expired, the Client shall contact the customer service to update the payment. MMP cannot be liable if the repayment is made on an expired payment means.
X. GUARANTEES AND RESPONSIBILITY
MMP’s product liability is limited to the sale price of each product. MMP will not be responsible or liable for any following losses, whenever its cause:
– Loss of benefits or sales
– Loss of revenue
– Loss of profits, contracts or opportunities
– Loss of expecting savings
– Loss of data
– Loss of business, management or administration time
– Damage to the image
Documents, details, descriptions and information related to the Products published on the Website are not covered under any guarantee, express or implicit, except the guarantees provided by law.
MMP makes no promise in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Websites or the server. In this respect the client agrees that it is their responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Websites is done at client’s own risk and the client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.
MMP is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Website; (ii) they shall compliant with the quality and strength which may reasonably be expected of similar products.
According to legal regulations, MMP guarantees clients against compliance and latent defects, under the following conditions:
In case of visible defect of a Product, the customer shall send a demand to email@example.com within 3 days from the Delivery date. All demands shall mention the defect concerned. Failing that, the demand won’t be accepted and no return or exchange will be possible. The Product shall be returned, with its original packaging, with the original labels, brand new, without having been used.
A visible defect confirmed by MMP shall give rise, depending on the demand’s content and the nature of the defect, to exchange or repayment or a voucher.
Non-compliance, latent defects
In case of visible defect of a Product, the client shall send a demand to firstname.lastname@example.org and according to the withdrawal right conditions detailed in section IX- reporting the defect in order for MMP to accept the return.
Acts of Nature
Upon the occurrence of an act of nature, the concerned party shall inform the other within a period of fifteen (15) days of the event, by email or registered letter with acknowledgement of receipt. Specifically considered as acts of nature, in addition to those regularly cited in Italian courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the event of an act of nature, without compensation. If the act of nature continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.
XI. PARTIAL INVALIDITY
If any provisions of this T&C’s are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
XII. APPLICABLE LAW – MEDIATION AND JURISDICTION
These General T&Cs are governed by the laws of Italy.
In the event of a dispute between the customers and MMP concerning the interpretation, performance or termination of the T&C’s, MMP strongly encourages the client to contact the company in the first instance to attempt to resolve the disagreement amicably.
Clients might also contact the platform for amicable solutions as per European Commission available at http://ec.europa.eu/consumers/odr/;
If no amicable solution to the dispute is found, MMP and the customer agree to refer the dispute to the Italian courts. The terms of this article do not deprive consumers of their right to take legal action, or to defense in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as set out in the legislation applicable in their country of residence.
EXHIBIT 1 – TEMPLATE OF WITHDRAWAL FORM
(To be completed and sent, with the order number in case of the use of the withdrawal right.)
For the attention of Materia Medica Processing Srl /
Email : email@example.com
I hereby give notice that I withdraw from my contract of sale of the following products:
Purchased on ……………..(date of the order) and/or received on ……………..(Delivery date)
Customer name :
Customer address :
For any information, please contact the Customer Service by email at firstname.lastname@example.org
The confidentiality of data exchanges is not guaranteed over the Internet, and that every internet user is required to take appropriate measures to protect their own data and/or software from contamination of any possible viruses circulating on the Internet.
Materia Medica Processing Srl, an Italian “società a responsabilità limitata” with a registered office in Via della Rena 20 – 4 piano – 39100 Bolzano-Bozen Italy IVA no. 029 8125 0216
For more EU terms and conditions: https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.ht