Terms of service
1. Introduction and effectiveness of the General Conditions of Sale
These General Conditions of Sale (hereinafter, "General conditions”) have as their object the regulation of the remote sale of products and services made available, via the Internet, on the sitewww.magnificofood.it(hereinafter, the "Site”) and the relative payment and delivery, in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).
The seller of the products and owner of the Site is: Magnifico Italia S.r.l. with registered office in Viale dell'Oceano Atlantico, 4, 00144 Rome (RM), C.F/P.I. no. 15284801006, REA: RM – 1580086 - PEC address firstname.lastname@example.org (right away "Magnificent Italy”).
The person who accesses the Site to make purchases (hereinafter "Client”) is required, before sending the order, to carefully read these General Conditions - which constitute a binding agreement - made available to him on the Site and which will be available for consultation at any time by the Customer, including through the link contained in the email confirmation of each order to allow it to be reproduced and stored.
In the event that the person making purchases on the Site requests the issuance of an invoice and/or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal provisions pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions which, pursuant to the same Consumer Code, apply only to "consumers".
The contracts entered into with Magnifico Food through the Site are regulated by these General Conditions in compliance with Italian law.
The characteristics and price of the various products on sale on the Site (hereinafter "Product" O "Products”) are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the Cart and, after having read these General Conditions and the Privacy and having confirmed their acceptance, he will have to enter the shipping and billing data, select the desired payment method and confirm the order.
The contract stipulated between Magnifico Italia and the Customer must be considered concluded with the acceptance of the order by Magnificent Italy. This acceptance will be communicated to the Customer via an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing data, the list of Products ordered with their essential characteristics, the price total - including delivery costs - and the payment method used. The Customer must check the confirmation email and if he identifies errors in the order (billing or shipping address, contact information or similar) he will have a pre-established time limit from receipt of this email to contact Customer Service directly from the Site using the contact form in the area dedicated to Customer Service. This time limit will be 24 hours for purchases made with Standard Delivery and 12 hours for same-day delivery. In no case will it be possible to accept requests to change the contents of the cart. After this term, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the Customer's rights referred to in article 7 below.
Upon receipt of the order Magnificent Italy reserves the right to check the actual availability of the products ordered; in the event that one or more Products are not available, Magnificent Italy will proceed with the replacement of the Product with a similar one, of equal or higher value than the one paid.
In the event of one or more missing products that cannot be replaced with other similar ones, Magnificent Italy will not charge the relative price. In the event that the payment for the order was made by bank transfer, the refund will take place according to the methods described in point 5.3 of these General Conditions.
In the case of the purchase of variable weight products (meat, fish, fruit and vegetables, bread, dairy products, etc.), the measurements and weight indicated on the Site are indicative, Magnificent Italy does its best not to deviate from the requested weight, however there may be slight variations, both in excess and in defect. For the methods of charging the actual amount of the expense, please refer to point 5.2 of these General Conditions.
3. Product Information
The information and characteristics relating to the Products are available, with the relative Product codes, on the Site. It is understood that the information on the Products delivered may be different from that shown on the Site for reasons not attributable to Magnificent Italy (e.g. changes made by the manufacturer to the Product) therefore it is always necessary to check the label and the information on the delivered Product. Magnificent Italy assumes no responsibility for the information reported on the Products by individual suppliers.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities but may differ in graphics, color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
When entering the order, the customer will be asked for the postal code of the address to which he intends to send the shopping and the system will check in real time whether the Scheduled Delivery service or Standard Delivery is available for that destination. If the area is not covered by the Same Day Delivery service, the order can be completed using Standard Delivery. Magnificent Italy delivers groceries only in the methods and areas specified on the Site on the basis of the entered zip code, therefore it assumes no responsibility and does not guarantee delivery for any incorrect addresses not covered by the specific service.
4.1. Delivery in the day in Italy:
Same Day Delivery is currently available in Rome and its surroundings and has a variable cost, not included in the price of the Products, which will be specifically indicated (in Euros and inclusive of VAT) at the checkout before confirming the order. The total cost of delivery will be automatically displayed at the checkout based on the day and delivery range, and in any case before the order is confirmed by the Customer.
4.2. Standard Delivery in Italy:
For all other destinations in Italy not covered by the Same Day Delivery service, the shipment is managed with Standard Delivery methods. Delivery costs are displayed directly at the cash desk (in Euros and inclusive of VAT), before order confirmation.
4.3. Standard Delivery Abroad:
For shipments abroad, only the Standard Delivery service is always available. Delivery costs are displayed directly at the cash desk (in Euros and inclusive of VAT), before order confirmation.
4.4. Pickup in store
For the city of Rome alone, the in-store pick-up service is also available free of charge.
5. Methods of payment and billing
5.1. Payment methods
The Customer can pay the price of the Products and the related delivery costs by credit card, PayPal, and Gift Cards Magnificent Italy. In the case of orders with Standard Delivery, bank transfer and cash on delivery are also available.
To ensure maximum transaction security, Magnificent Italy does not store the Customer's payment data, and the transaction takes place on the secure servers of Shopify, an integrated partner on the site that manages all online payments (with the exception of bank transfers and cash on delivery). From the second purchase, the registered Customer who wishes it - by selecting the appropriate option - will be able to proceed with the purchase without entering his data again. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the customer's browser.
· Credit card
The circuits on which it is possible to purchase on the Site are:
Visa / Visa Electron
The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the customer's browser. These data are in no case recorded by the site Magnificent Italy.
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make the payment using his account, a card (also prepaid) or in any case according to the methods accepted by PayPal and in compliance with the relative conditions.
Gift Card Magnificent Italy
The Customer must enter the data relating to the Gift CardMagnificent Italy(Web code on the back of the card itself or communicated by email in the case of online purchase) after choosing this payment method during the purchase procedure.
· Cash on delivery
This payment method is available only for the Standard Delivery method, only for some destinations in Italy and only for orders for an amount not exceeding €450.00 and is displayed among the payment options at the checkout only in applicable cases. Payment will take place upon receipt of the Products and can only be made in cash.
5.2. Payment authorization and capture
5.2.1 Authorization and capture of payment for the sale of virtual products
For the sale of virtual products that do not require shipping (Gift CardMagnificent Italy) the amount spent by the Customer is acquired immediately upon confirmation of the order.
5.2.2 Authorization and capture of payment for the sale of physical products
For the sale of physical products - in the case of payment by Credit Card or Paypal - upon confirmation of the order by the Customer, only a pre-authorization of the amount will be made on the chosen payment method. The actual payment will take place only when the order is closed and the final amount will include the cost of the products actually shipped only, net of any price changes due to replacements or missing products, plus shipping costs and any ancillary services requested by the Customer.
In case of payment by Gift Card Magnificent Italy, upon confirmation of the order, the total amount of the cart will be withdrawn. Any products not shipped will be reimbursed according to the methods described in point 5.3 of these General Conditions.
5.2.3 Authorization and payment capture for the sale of physical catch weight products
In the presence of orders that contain variable weight products - in the case of payment by Credit Card or PayPal - authorization will be requested for the exact amount of the purchase at the time of the order, while for purchases with Gift CardMagnificent Italy the authorized sum will be equal to the total of the trolley with a 10% increase aimed at covering any differences in the weight of the variable weight product.
The final amount of the charge will be confirmed only at the end of the shopping, and could undergo slight variations aimed at covering any price differences due to weight differences, substitution with lower priced products or missing products. The maximum foreseen variation is +10% compared to the cart total. Any pre-authorised and unused amounts will be released to the Customer's account in a short time, according to the timing set by the selected payment method or by the bank.
To protect the customer, in case of replacement of a product with another of lesser value, the lower cost will be charged. In case of replacement of a product with another of a higher price, only the cost of the product originally chosen by the Customer during the purchase phase will be charged.
In the case of a refund, this will be done using the same payment method used by the Customer for the order, unless he has expressly requested a different method. The refund will be made within 10 working days of acceptance of the refund by Magnificent Italy.
In case of bank transfer or cash on delivery, it will be the Customer's responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank, IBAN). In this case, the refund will be made within 10 working days of receiving all the information necessary for the payment of the sum.
The re-credit to the Customer's account will take place in a short time, according to the timing established by the selected payment method or by the bank.
5.4 Billing of orders
If the Customer wishes, it will be possible to request an invoice by filling in the appropriate fields during the order procedure and entering the billing data including the tax code and/or VAT number, any company name and SDI Recipient Code. In this case the invoice will be automatically sent to the customer's tax drawer, according to the law. The customer is responsible for entering the billing data correctly and is expressly informed that, if the invoice is not requested during the order phase, it will not be possible to request it later.
6. Transportation and delivery
The Products purchased on the Site are delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Data" field.
There are two types of delivery, the Standard Delivery (hereinafter, "Standard Delivery”) and Delivery Same Day (hereinafter, "Same day delivery”).
Standard Delivery is carried out from Monday to Friday, while Same-Day Delivery also includes Saturday among the delivery days; public holidays and public holidays are always excluded. Magnificent Italy is not responsible for unforeseeable delays or delays not attributable to it or for any damages, losses, costs, incorrect and/or non-delivery of the Products due to force majeure or unforeseeable circumstances (e.g. natural disasters, adverse weather conditions, strikes, accidents etc.)
Once the Products have been shipped, the Customer will receive a shipment confirmation email in which it will be
6.1 Standard Delivery - Services active in Italy:
The service includes 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step. On the second unsuccessful delivery attempt, or in the case of incorrect address details, the Courier will contact the recipient by telephone at the telephone number indicated in the order, to arrange delivery. If the latter is not traceable or absent, or if it is not possible to proceed with the payment, the goods will return to the warehouse and the Customer will be charged for the delivery costs of the Products. In no case will reimbursement of the price charged for Products that can no longer be sold to third parties (e.g. fresh or easily perishable products such as cheese, bread, cured meats, delicatessen products, etc. or personalized products) be reimbursed, nor will reimbursement of the shipping cost be provided.
6.2 Delivery same day - Service active in Rome and surroundings:
The service offers the Customer the possibility to select the day and time slot for delivery. If the recipient is not available in the time slot booked or incorrect address details have been indicated, the delivery is understood to have failed. In this case, the goods are returned to Magnificent Italy which proceeds with the completion of the procedures necessary for the return to the warehouse and the Customer will be charged for the delivery costs of the Products. In no case is a refund of the price charged for products that can no longer be sold to third parties (e.g. fresh or easily perishable products such as cheese, bread, cured meats, delicatessen products, etc. or customized products) nor a refund of the shipping cost.
6.3 Standard Delivery - Services active Abroad:
If the Customer wishes to send the goods abroad, it is necessary to change the country of shipment on the site in the relevant section of the checkout. Shipments abroad may be made with different couriers depending on the country of destination.
Countries where the service is active: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Holland, Poland, Portugal, Principality of Monaco, Czech Republic, Romania, Slovakia, Slovenia, Spain ( with the exception of the Canary Islands and Ceuta and Melilla), Sweden, Hungary.
There is currently no delivery to the UK.
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except for the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send to Magnificent Italy a communication within 14 days from the date of receipt of the Products by sending an email to email@example.com, if you intend to exercise the withdrawal before having received the Products, the notice of withdrawal may be sent at any time before their receipt.
This communication must be sent by registered letter with return receipt and/or PEC, addressed to:
c.a. Returns and Refunds Office
Magnificent Italy S.r.l.
Avenue of the Atlantic Ocean 4
00144 Roma (RM)
Upon receipt of the communication, Magnifico Italia's Customer Service will open a case for managing the return and communicate to the Customer the instructions on how to return the Products, which will take place via courier indicated by Magnificent Italy itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to the Product purchased in its entirety; therefore, if the Product is made up of several components or parts, it is not possible to exercise the withdrawal only on part of the Product purchased.
II. In case of exercising the right of withdrawal, Magnificent Italy will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right to Magnificent Italy to suspend the payment of the refund until the actual receipt of the goods. The refund will take place according to the methods described in point 5.3 of these General Conditions.
III. Also in order to be able to guarantee the free return pursuant to article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Introduction (non-consumer customer and/or requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 legislative decree 21/2014:
- order of Products made to measure or clearly personalized;
- ordering Products that are liable to deteriorate or expire rapidly;
- order of sealed Products which do not lend themselves to being returned for hygienic or health protection reasons or which have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that these include all Food Products (including wines, spirits and beverages), since the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal applies only to Products purchased on the Site which can be returned to Magnificent Italy and put back on the market without endangering the health of consumers (such as books, gadgets, kitchen utensils, etc.).
In cases of exclusion of the right of withdrawal, Magnificent Italy will return the Products purchased and returned by the Customer to the Customer, charging the same for the return shipping costs, or dispose of them where necessary.
8. Free return in case of exercising the right of withdrawal
As a more favorable condition for the Customer - in case of exercise of the right of withdrawal - Magnificent Italy shall fully bear the shipping costs for returning the Products.
In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Magnificent Italy to arrange the return of the Products to the courier.
9. Cancellation, postponement or change of shipping address of the order
The Customer may cancel, postpone or request a change of shipping address for the order within a limited period of time from the conclusion of the order; in the case of Standard Delivery this limit is 24 hours, for Same Day Delivery the term is 2 hours. After this deadline, the order will be processed and it will no longer be possible to request cancellation or change of shipping address.
The Customer must contact Customer Service directly from the Site using the appropriate contact form accessible in the area dedicated to Customer Service.
Magnificent Italy reserves the right to cancel the order in the event of unforeseeable difficult situations, informing the Customer by email, or, subject to agreement with the same, changing the day and/or time of delivery.
10. Warranty and lack of conformity
In case of lack of conformity of Products sold by Magnificent Italy, the Customer must immediately contact Customer Service by sending an email to firstname.lastname@example.org. The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by means of repair or replacement, or to an adequate price reduction or termination of the contract.
In the event of faulty wine or wine that tastes like a cork, the Customer is asked to keep the bottle with at least 2/3 of the contents and with its original cork and to report the alleged non-compliance to Customer Service. Magnificent Italy will intervene as soon as possible by arranging a free collection in order to carry out an in-depth check and propose the most suitable solution.
The Customer loses these rights if he does not report a Magnificent Italy the lack of conformity within the term of two months from the date on which the defect was discovered, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this short term.
The legal guarantee covers all Products that present a lack of conformity existing at the time of delivery and which occurs within 24 months from the date of purchase (the purchase receipt is valid as proof).
11. Errors and Limitations of Liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors of which therefore Magnificent Italy cannot be considered responsible, except in the case of willful misconduct or gross negligence.
Magnificent Italy reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and of the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by non-acceptance or evasion, even partial , of an order.
Magnificent Italy promotes the responsible consumption of alcohol and excludes any liability, except for willful misconduct or gross negligence, in the case of purchases made by minors under the age of 18. By purchasing any alcoholic product you declare to be of age as per art. 7 of Legislative Decree 158/2012. Magnificent Italy assumes no responsibility in the event of a purchase made by minors under the age of 18 who have declared that they are of a different age.
Any complaints must be forwarded to Magnificent Italy using the appropriate contact form accessible directly on the Site via the "Customer Assistance" link in the footer, or by callingToll free number 06 5919749(from abroad +39 06 59194ù749), active from Monday to Friday, from 9.00 to 18.00, excluding public holidays, or by registered letter with return receipt and/or PEC to the following address:
c.a. Complaints office
Magnificent Italy S.r.l.
Avenue of the Atlantic Ocean 4
00144 Roma (RM)
14. Online Consumer Dispute Resolution (ODR)
Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he may file a complaint via the ODR platform of the European Union. The ODR platform is an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.
15. Applicable law and jurisdiction
The sales contract between the Customer and Magnificent Italy is understood to be concluded in Italy and regulated by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his municipality of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Rome, any other competent court excluded.
Pursuant to article 1341 of the civil code the Customer declares to have read and to specifically accept the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors - exclusions of liability).