Terms and conditions

Terms and Conditions This document contains the general terms and conditions on the basis of which users are offered the use of the Bento-Box.it website which offers bento boxes and kitchen accessories made in Japan. 1. Definitions To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below: • Owner: Maaketto di Paola Gombi & C. sas with registered office in Via Vittorio Alfieri , 11, VAT number I Tax Code 03764621201, BO 544693, fully paid-up share capital € 1,000.00, certified email address maaketto@pec.it • Application: the Bento-Box.it website • Products: the products supplied to the user by the Owner • User: any person who accesses and uses the Application • Consumer User: the natural person of age who concludes a contract for purposes unrelated to his own business, commercial, craft or professional activity possibly carried out • Non-Consumer User: the natural person of age o legal person who concludes a contract for the performance or needs of their business, commercial, craft or professional activity • Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application. 2. Scope of the Conditions The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other note, legal notice, information published or referred to therein, he / she will not be able to use the Application or the related services. The Conditions can be changed at any time. The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product. Before using the Application, the User is required to read the Conditions carefully and to save or print them for future reference. The Owner reserves the right to change at its discretion, at any time, the graphic interface of the Application, the Contents and their organization. as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relative instructions. 3. Purchase or supply request through the Application All the Products offered through the Application are described in detail in the relevant product pages (quality, characteristics, availability, price, delivery times and costs, additional charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element. Purchases and / or requests for the supply of one or more Products through the Application are allowed to both Consumer Users and non-Consumer Users. Purchases and / or requests for supply are allowed to natural persons only on condition that they are of age. For minors, any purchase and / or request for supply of Products through the Application must be screened and authorized by the parents or by the parental responsibility operators. The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal and / or supply request, subject to confirmation and / or acceptance by the Owner as described in following. Therefore, the Data Controller will have, at its sole discretion, the right to accept or not the User’s order without the latter being able to object or complain about anything for any reason and / or title. The contract for the sale or supply of the Products is concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, which will show the date of the order, the User’s data, the characteristics and availability of the Product, the price or method of calculating the price, any additional charges and accessory taxes, the delivery address, the times and any delivery costs, the how to exercise the right of withdrawal or its possible exclusion and the guarantee. The contract for the sale or supply of the Products is not considered effective between the parties in the absence of what is indicated in the previous point. In case of withdrawal exercised correctly, the Holder will reimburse the payments received by the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14days from the day on which the User has communicated that he wishes to withdraw from the contract. The Owner is not required to reimburse the delivery costs, if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner. The Holder, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has returned it. The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, . etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender. 4. Optional form to exercise the right of withdrawal The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address info@maaketto.it before the expiry of the withdrawal period: With the present, I communicate the withdrawal from the sales or supply contract relating to: Product ________________________________ Order number ___________________________ Ordered on _______________________________ Name and Surname _________________________ Address _________________________________ e-mail associated with the account from which the order was placed ____________________ Date ___________________________________ 5. Guarantee of Material products for non-consumer users In relation to material products, non-consumer users will be subject to the guarantees for defects in the thing sold, the guarantee for defects in the promised and essential quality and the other guarantees provided for by the civil code with the relative terms, e and limitations (arts. 1490 and ss. e.e.). 6. Guarantee of conformity of material Products for Consumer Users The legal guarantee of conformity, provided for by art. 128-135 of the Consumer Code, for all Products sold through the Application that fall within the category of “consumer goods”, as governed by art. 128, paragraph 2 of the Consumer Code: any movable property, also to be assembled, except i) goods subject to forced sale or otherwise sold in other ways by the judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a specific quantity, iii) electricity. The legal guarantee of conformity is reserved for Consumer Users only. The Owner is obliged to deliver to the Consumer User Products that comply with the sales contract. It is assumed that the Products comply with the contract if, where relevant, the following circumstances coexist: a. they are suitable for the use for which goods of the same type are normally used b. they comply with the description made by the Owner and possess the qualities of the good that the seller has presented to the Consumer User as a sample or model c. present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, if applicable, the public statements on the specific characteristics of the Products made in this regard by the Owner, by the manufacturer or its agent or representative, especially in advertising or on labeling d. they are also suitable for the particular use desired by the Consumer User and that it has been brought to the attention of the Owner at the time of the conclusion of the contract and that the Owner has also accepted for conclusive facts. Any faults or malfunctions caused by accidental events or by the responsibility of the Consumer User or by a use of the Product that does not comply with its intended use and as provided in the attached technical documentation are therefore excluded from the scope of the guarantee of conformity. The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect. Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After 6 months, the Consumer User will have to provide proof that the damage was not originated by incorrect or improper use of the Product. Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, without charge. To this end, the Consumer User can choose between repairs of the Product or its replacement. 7. Link to third party sites The Application may contain links to third party sites / applications. The Owner has no control over them e. therefore, it is in no way responsible for the contents of these sites / applications. Some of these links may refer to third party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility. 8. Privacy The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page / privacy-policy 9. Applicable law and competent court The Conditions are subject to Italian law. For Consumer Users, any dispute relating to the application. execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile. if located in the territory of the Italian State, without prejudice to the Consumer User having the right to appeal to a judge other than that of the “consumer court” pursuant to art. 66 bis of the Consumer Code. . 18, 19 and 20 of the civil procedural code. The application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal. the deadline for returning the Products, in the event of exercising this right, the methods and formalities of communicating the same and the legal guarantee of conformity. Consumers, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Owner is based . 10. Online dispute resolution for Consumer Users The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and supply of services stipulated online. Consequently. the Consumer User can use this platform to resolve any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/

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