Terms&Conditions

The Customer expressly and in advance declares to make the purchase for purposes unrelated to the commercial or professional activity carried out.

Identification of the Seller

The goods covered by these general conditions are offered for sale by Mug di Elena Giuffrida, registered at the Chamber of Commerce of Trieste with VAT number 01270580325, hereafter referred to as "Seller".

Art. 1 - Terms

1.1. The term "online sales contract" means the contract for the purchase and sale of the Seller's tangible movable property, stipulated between the Seller and the Customer as part of a distance selling system using telematic means, organised by the Seller.

1.2. The term " Customer" means the consumer who makes the purchase, referred to in this contract, for purposes not related to the commercial or professional activity carried out.

1.3. The term "Seller" means the person indicated in the epigraph or the person providing the information services.

Art. 2 - Object of the contract

2.1. With this contract, the Seller sells and the Customer buys at a distance through telematic means the movable goods indicated and offered for sale on the website www.mugbakery.com.

2.2. The products referred to in the previous point are illustrated on the web page listed above.

Art. 3 - Terms and conditions of the contract

3.1. The contract between the Seller and the Customer is concluded exclusively through the Internet via the Customer's access to the web address listed above, where, following the procedures indicated, the Customer will formalize the contract for the purchase of the goods referred to in point 2.1 of the previous article.

Art. 4 - Conclusion and effectiveness of the contract

4.1. The purchase contract is concluded through the exact filling in of the request form and the consent to the purchase expressed through the subscription sent online, after viewing a web page summarizing the order, printable, in which are reported the details of the customer and the order, the price of the goods purchased, the shipping costs and any additional charges, the methods and terms of payment, the address where the goods will be delivered, the time of delivery and the existence of the right of withdrawal.

4.2. When the Seller receives the order from the Customer, will send a confirmation by e-mail or will display a printable web page confirming and summarising the order, which will also contain the data referred to in the previous point.

4.3. The contract is not considered perfected and effective between the parties failing what is indicated in the previous point.

Payments and refunds

Art. 5 - Methods of payment and refunds

5.1. Any payment by the Customer may be made by only one of the methods indicated on the specific web page by the Seller.

5.2. Any refund to the Customer will be paid by one of the methods proposed by the Seller and chosen by the Customer, in a prompt manner and, in case of exercise of the right of withdrawal, as regulated by art. 13, point 2 and following of this contract, at the latest within 30 days from the date on which the Seller became aware of the withdrawal.

5.3. All communications related to payments are made on a special Seller's line protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current regulations on the protection of personal data.

Art. 6 - Time and method of delivery

6.1. The Seller will deliver the selected and ordered products in the ways indicated on the website at the time the goods are offered.

6.2. The shipment will take place within a maximum of 5 working days from the order confirmation in case of non-customized products. In the event that the Seller is unable to ship within this period, the Customer will be immediately notified by e-mail.

Art. 7 – Prices

7.1. All sales prices of the products displayed and indicated on the website www.mugbakery.com are expressed in euros and constitute an offer to the public in accordance with art. 1336 of the Italian Civil Code.

7.2. The sales prices, referred to in the previous point, are subject to VAT in accordance with paragraphs 54 et seq. of Law no. 190 of 23 December 2014. Shipping costs and any additional charges (e.g. customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the Customer submits the order and are contained in the summary web page of the submitted order.

7.3. The prices indicated for each of the goods offered to the public are valid until the date specified in the catalogue.

Art. 8 - Products availability

8.1. The Seller shall ensure, by means of the telematic system used, the processing and fulfillment of orders without delay within the time indicated. For this purpose, it indicates in real time, in its electronic catalogue, the number of products available and those not available.

8.2. Should an order exceed the quantity existing in the warehouse, the Seller, by e-mail, will inform the Customer if the goods are no longer available for booking or what the waiting time for the chosen goods is, asking if he intends to confirm the order or not.

8.3. The Seller's IT system will confirm the order registration as soon as possible by sending the Customer an e-mail confirmation in accordance with point 4.2.

Liability

Art. 9 - Limitations of liability

9.1. The Seller does not assume any responsibility for inefficiencies caused by force majeure in case it is not able to process the order in the time foreseen by the contract.

9.2. The Seller shall not be liable to the Customer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet network beyond its control or that of its suppliers.

9.3. The Seller shall also not be liable for damages, losses and costs incurred by the Customer as a result of the non-fulfilment of the contract for reasons not imputable to the Customer, as the Customer shall only be entitled to a full refund of the price paid.

9.4. The Seller accepts no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, cheques and other means of payment, for the payment of products purchased, if it can prove that it has taken all possible precautions based on the best knowledge and experience of the moment and on ordinary diligence.

9.5. In no case can the Customer be held responsible for delays or misunderstandings in payment if he proves to have made the payment in the time and manner indicated by the Seller.

Art. 10 - Liability for defect, proof of damage and refundable damages: the obligations of the Seller

10.1. According to articles 114 and following of the Consumer Code, the Seller is responsible for the damage caused by defects in the goods sold if he fails to communicate to the Damaged Party, within 3 months from the request, the identity and domicile of the producer or the person who supplied him with the goods.

10.2. The above request, by the Damaged Party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase.

10.3. The Seller cannot be held liable for the consequences of a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding measure, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.

10.4. No refund shall be due if the Damaged Party has been aware of the defect of the product and the resulting danger and has nevertheless voluntarily exposed himself/herself to it.

10.5. In any case, the Damaged Party must prove the defect, the damage, and the causal connection between defect and damage.

Warranty and assistance

Art. 11 - Warranty and assistance modalities

11.1. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: (a) they are fit for the use for which goods of the same type are normally used; (b) they conform to the description made by the Seller and possess the qualities of the goods which the Seller has presented to the Customer as a sample or model; c) they have the quality and performance usual in goods of the same type, which the Customer may reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this respect by the Seller, the manufacturer or his agent or representative, in particular in advertising or labelling; d) they are also suitable for the particular use intended by the Customer and which the Customer has brought to the knowledge of the Seller at the time of conclusion of the contract and which the Seller has also accepted for conclusive facts.

11.2. The Customer forfeits all rights if he does not report the lack of conformity to the Seller within 1 month from the date on which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or has hidden it.

11.3. In case of lack of conformity, the Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction of the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code.

11.4. The request must be sent in writing, by registered letter with return receipt, to the Seller, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days from receipt. In the same communication, if the Seller has accepted the Customer's request, the Seller shall indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.

11.5. If the repair and replacement is impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the term referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Customer, the latter may request, at its choice, an appropriate price reduction or termination of the contract. In this case, the Customer must send its request to the Seller, who will indicate its willingness to carry it out, or the reasons preventing it from doing so, within 7 working days from receipt.

11.6. In the same communication, if the Seller has accepted the Customer's request, it must indicate the proposed price reduction or the return of the defective goods. In such cases, it will be the Customer's responsibility to indicate how the amount previously paid to the Seller will be re-credited.

Art. 12 - Customer's obligations

12.1. The Customer agrees to pay the price of the purchased goods in the time and manner indicated in the contract.

12.2. The Customer agrees, once the online purchase procedure has been completed, to print and/or preserve this contract.

12.3. The information contained in this contract has, however, already been viewed and accepted by the Customer, who acknowledges it, as this step is made mandatory before the purchase confirmation.

Right to withdraw

Art. 13 - Right to withdraw

13.1. The Customer has in any case the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.

13.2. Should the Customer decide to exercise the right of withdrawal, he must notify the Seller by registered letter with return receipt to the address Mug di Elena Giuffrida, piazza Hortis 6, 34124 Trieste TS or by e-mail to info@mugbakery.com, provided that such communications are confirmed by sending a registered letter to the address Mug di Elena Giuffrida, piazza Hortis 6, 34124 Trieste TS Trieste TS within the following 48 (forty-eight) hours, as confirmed by the postmark affixed by the post office on the receipt issued.

13.3. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and in normal condition.

13.4. The Customer may not exercise this right of withdrawal for goods made to measure or clearly personalized, as provided for by art. 55 of the Consumer Code.

13.5. The only expenses payable by the Customer for the exercise of the right of withdrawal in accordance with this article are the direct costs of returning the goods to the Seller.

13.6. The Seller will refund the entire amount paid by the Customer within the term of 30 (thirty) days from receipt of the withdrawal notice.

13.8. By receiving the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, except as provided in the previous points of this article.

Art. 14 - Causes of resolution

14.1. The obligations referred to in point 12.1, assumed by the Customer, as well as the assurance of the successful completion of the payment made by the Customer with the means referred to in point 5.1, and also the exact fulfilment of the obligations assumed by the Seller in point 6, are essential, so, by express agreement, the non-fulfilment of only one of these obligations, if not determined by chance or force majeure, will result in the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision.

Privacy

Art. 15 - Protection of confidentiality and treatment of data of the Customer

15.1. The Seller protects the privacy of its customers and guarantees that the treatment of the data complies with the provisions of the privacy law as per Legislative Decree no. 196 of 30 June 2003.

15.2. The personal and fiscal data acquired directly and/or through third parties by the Seller, the data holder, are collected and processed electronically, in relation to the methods of treatment with the purpose of registering the order and activate the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, as to allow an effective management of business relationships to better perform the service required (art. 24, paragraph 1, letter b, Legislative Decree 196/2003).

15.3. The Seller is obliged to treat the data and information transmitted by the Customer as confidential and not to disclose them to unauthorised persons, nor to use them for purposes other than those for which they were collected or to pass them on to third parties. Such data may only be produced at the request of the judicial authorities or other authorities authorized by law.

15.4. The personal data will be communicated, after signing a contract of confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the contract (for example: courier) and communicated exclusively for this purpose.

15.5. The Customer has the rights set in Article 7 of Legislative Decree no. 196/2003, meaning the right to obtain:

(a) updating, correction or, where interested, integration of the data;

b) the cancellation, transformation into anonymous form or blockage of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently treated;

c) certification to the effect that the operations as per letters a) and b) have been notified, as related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. The data subject also has the right to object, in whole or in part: on legitimate grounds, to the processing of personal data concerning him/her, even if pertinent to the purpose of the collection; to the processing of personal data concerning him/her with the purpose of sending advertising materials or direct selling or market surveys or commercial communication.

15.6. The communication of personal data by the Customer is a necessary condition for the correct and timely execution of this contract. Failing this, the Customer's request cannot be processed.

15.7. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently treated. Their removal will in any case take place in a secure mode.

15.8. The owner of the collection and treatment of personal data is the Seller, to whom the Customer may address any request.

15.9. Anything that may reach the Seller's e-mail address, outside of the purchase procedures (requests, suggestions, ideas, information, etc.), shall not be considered information or data of a confidential nature, shall not violate the rights of others and shall contain valid information, not detrimental to the rights of others and truthful, in any case, the Seller cannot be attributed any responsibility for the content of the messages themselves.

Art. 16 - Storage of the contract

16.1. In accordance with art. 12 of Legislative Decree 70/2003, the Seller informs the Customer that each order sent is stored in digital form on the server according to criteria of confidentiality and security.

Art. 17 - Communications and complaints

17.1. Written communications addressed to the Seller and any complaints will be considered valid only if sent to the following address: Mug di Elena Giuffrida, piazza Hortis 6, 34124 Trieste TS, or sent by e-mail to the following address info@mugbakery.com. The Customer indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Seller's communications to be sent.

Disputes

Art. 18 - Dispute resolution

18.1. All disputes arising from this contract shall be referred to the Chamber of Commerce of Trieste and settled in accordance with the Conciliation Regulations adopted by the same.

18.2. If the Parties intend to bring an action before the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Customer, which is mandatory pursuant to art. 33, paragraph 2, letter u) of Legislative Decree 206/2005.

Art. 19 - Applicable law and referral

19.1. This contract is regulated by Italian law.

19.2. For anything not expressly provided for herein, the rules of law applicable to the relationships and cases provided for in this contract, and in particular Article 5 of the Rome Convention of 1980, shall apply.

19.3. In accordance with art. 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are hereby expressly referred to.