TERMS AND CONDITIONS
(as per section I, Title 3, part 3, od d.lgs 206/2005 and subsequent modifications and integrations)
- Introduction to Terms and Conditions
These Terms and Conditions of sale (hereinafter, “Terms and Conditions”) apply to the sale of products and services through the website www.mementodrink.com (hereinafter, the Website) under the law known as “Consumer Code”.
The seller of the products and the owner of the Website is: Memento Srl, with registered office in via Lodovico Muratori 46/9 20135 Milano, Italy (hereinafter, “Memento”).
Before surfing and using the Website, we kindly ask you to carefully read the entire terms and conditions of access shown below, since consent given on your side in the home page or, in any case, the overall use of the Website, involves integral acceptance to the said terms and conditions. Please note that you shall be bound upon the said acceptance on your side.
Should, on the contrary, you disagree as to the said terms and conditions, therefore not willing to be bound thereto, you are kindly asked to exit the Website.
The customer who uses this Website to purchase products or services (hereinafter, “Customer”) before sending the order shall carefully read these Terms and Conditions which will be accessible at any time by the same Customer, also through the link included in the confirmation email of each order to enable their reproduction and storing.
If the Customer requires the issuance of an invoice and/or in any case he/she is not a “consumer or user” as defined by the Consumer Code, the cancellation rights pursuant to Article 9 of these General Terms and Conditions shall not apply, as well as the provisions that under the Consumer Code apply only to “consumers”.
Memento may freely vary the terms and conditions of access to the Website whenever it deems it convenient with no need of any notice period whatsoever and, therefore, it shall be the sole responsibility of the user having access to the Website to read the terms and conditions upon every new access.
The agreement entered into with Memento through this Website is governed by these General Terms and Conditions in accordance with the Italian law. English is the language used to enter into the agreement.
- Limitation of Liability
Any user having access to the Website shall be solely and exclusively liable for the use and surfing throughout the same.
Memento hereby undertakes to provide continuous access to the Website to those users who may lawfully surf the Website, furthermore undertaking to provide updated information.
Nonetheless, the Website and its contents are provided and accepted as they appear, with no warranty whatsoever, either implicit or express, with regard to the operation of the Website or the lack of virus, the accuracy of the offered services and/or the correctness and completeness of the information published on the said Website.
Therefore, Memento, its directors, managers, employees, shall not be liable for any eventual mistake, inaccuracy or omission concerning the material included in the Website nor shall they be liable for eventual damages of any type resulting from the relevant access or surfing or from the impossibility to use the same, and neither shall they be liable for the reliability put on the material included in the Website.
Memento hereby reserves itself the right to suspend access to the Website or to any deactivation which may prevent consultation of an issue or of a part of the Website at any time with no need of any advance notice whatsoever.
References made to a particular product or service shall not imply that Memento intends to ensure that such product or service is available in all countries.
- Communications to the Website
Any communication or any other material sent to the Website, either by e-mail or by any other means, shall be treated as non confidential; therefore, you are kindly asked not to send information which you may wish to keep confidential.
Communication of information or of any other material involves acknowledgement to the benefit of Memento as to a free and irrevocable authorisation to use, reproduce, modify, publish, translate, distribute or show what received, also in an non exclusive way, either alone or as part of another project, in any way and by any means or technology.
You acknowledge that Memento shall be free to use the material sent to the Website for any purpose, including the development, manufacturing and sale of products.
Memento does not acknowledge any kind of compensation for the material sent regardless of the use made of the same.
Memento does not carry out any selection or any control over the contents sent to the Website by third parties and shall not be liable for the selection and/or control of the said material, therefore, Gruppo Campari does in no way undertake any liability or obligation as regards the same.
- Choosing and ordering the Products
The features and the price of the products sold on the Website (hereinafter, “Product” or “Products”) are shown on the page relevant to each Product.
By submitting an order from the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these Terms and Conditions and the applicable terms of payment.
The agreement entered into between Memento and the Customer shall be considered as concluded once the order has been accepted by Memento. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the order number, the shipping and billing data, the list of ordered Products with their essential characteristics and the total price, including delivery charges. The Customer shall check the confirmation email and if he/she finds mistakes in the order, he/she shall have 12 hours from the receipt of such email to contact the Customer Service directly from the Website using the special contact form, accessible in the section “Help”. After this deadline, the order shall be processed for shipment and further changes will no longer be accepted, without prejudice to the Customer’s rights under section 9 below.
Once the order has been received, Memento shall check the availability of the stocks for the fulfilment of the order. In the event that one or more of the Products are not available, the Customer Service of Memento shall timely send an email to the Customer who, within the next 24 hours, will have the right to reply in order to confirm the shipment of the Products available or cancel it. If the Customer will not reply within this time limit, the order shall be considered as confirmed and the available Products shall be shipped. In this latter case the full amount relating to missing Products shall be reversed or, depending on the chosen payment method, will not be charged to the Customer.
- Product information
The Products information and features are available, with their related Product codes, on the Website.
The graphic representation of the Products on the Website, if available, normally corresponds to the photographic image shown together with the product description. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities but may differ in colour and size. In case of a difference between the image and the product description, the description shall prevail.
- Prices and shipping
Product prices are inclusive of all taxes and fees. All prices are in Euros.
- Payment and billing
7.1 Payment methods
Customer may pay Products and delivery costs by PayPal.
Once the order is confirmed, the Customer shall be redirected to PayPal’s website where he/she may carry out the payment with his/her account or by using a card, also a prepaid one, or also in the manner accepted by Paypal and in compliance with the relevant conditions.
7.2 Invoicing of orders
If the purchase is made by a professional it shall be possible to request the issuance of the invoice by selecting the appropriate box during the ordering procedure and entering the billing information including tax code and/or VAT number. In that case, the invoice shall be sent by email to the indicated address. The professional is responsible for the proper entry of the billing data and he/she is expressly informed that if no invoice request is carried out during the ordering, it may not be requested at a later stage.
- Transport and delivery
Products purchased on this Website shall be delivered to the address indicated by the Customer during the purchase procedure in the field “Shipping Information”.
All purchases shall be delivered by express courier (hereinafter, “Courier“) from Monday to Friday, except public holidays and national holidays. Memento is not responsible for unforeseeable delays or those which are not attributable to it.
Once the Products are shipped the Customer shall receive a confirmation email that includes a link for reference for the tracking of the shipment.
- Active delivery services
Shipments may take place with different couriers depending on the destination Place or Country in order to guarantee Customers the best available rate.
- Right of cancellation
The Customer is entitled to cancel his/her order for any reason, without explanation and without any penalty, except for the cases in which the cancellation right is excluded under paragraph IV below. In order to exercise this right, the Customer shall send a notice to Memento within 14 days from the date of receipt of the Products by using the form downloadable here or if he/she intends to exercise the right of cancellation before having received the Products, the notice of cancellation may be sent at any time prior to their receipt.
Such notice shall be sent by registered letter with a return receipt, addressed:
To the kind attention of the Office of Returns and Refunds
Via Lodovico Muratori 46/9
Upon receipt of the notice Memento Customer Service shall open a file for the management of the returned Products and communicate to the Customer the instructions relevant to the return of the Products, which shall take place through the courier indicated by Memento itself.
The right of cancellation is subject to the following conditions:
- The right applies to a Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts the cancellation may not be exercised only on a part of the purchased Product.
- In case of exercise of the right of cancellation, Memento shall refund the Customer the full amount of the returned Products, including shipping expenses, if any, within 14 days from the date in which the notice of cancellation was received, without prejudice to the right of Memento to suspend the payment of the reimbursement until the actual receipt of the Products. The reimbursement shall be carried out using the same payment method used by the Customer, unless he/she has specifically requested a different method. For money transfer or cash on delivery payments, Customers are bound to provide the banking information where they want their claim to be reimbursed (accounts holder, Bank name and address and IBAN).
III. In order to guarantee the free return of Products pursuant to article 8 below, the Products shall be returned in the same box in which they were received.
- In addition to the cases indicated in Article 1 above (customer not consumer and/or requiring the invoice), the right of cancellation is excluded in the following cases:
– orders of tailored or clearly personalized Products;
– orders of Products which are likely to deteriorate or expire rapidly;
– orders of sealed Products which are not suitable to be returned for hygienic reasons or connected to the protection of health or that were opened after the delivery.
With reference to the above cases where the cancellation right is excluded, the Customer is aware and agrees that among the Products that “are likely to deteriorate or expire rapidly” are included both all food Products (including wines, spirits and beverages) and cosmetics, because the features and qualities of these types of Products are subject to change even as a result of improper storage.
In the cases of exclusion of the right of withdrawal, Memento shall return the purchased Products to the Customer, charging the shipping costs to him/her.
- Errors and limits of liability
Information relating to the Products provided through the Website are constantly updated. However, it is not possible to guarantee the complete absence of errors of which Memento may not be held responsible, without prejudice to cases of wilful misconduct or gross negligence.
Memento reserves the right to correct any errors, inaccuracies or omissions also after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and the Consumer Code.
Without prejudice to cases of wilful misconduct or gross negligence, every Customer’s right to compensation for damages or to the recognition of an indemnity is excluded, as well as any liability in contract or tortious liability for direct or consequential damages to persons and/or things, caused by the lack of acceptance or even partial fulfilment of an order.
Any complaint shall be forwarded to Memento sending a mail to the address firstname.lastname@example.org specifying:
To the kind attention of Memento Complaints Department
Via Lodovico Muratori 46/9
Memento is committed to reply to all requests received within a maximum of 10 working days.
- Online dispute resolution for consumers (ODR)
If you are a European consumer, you have to be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. Please click here to access to the platform.
- Applicable law and jurisdiction
The sale agreement between the Customer and Memento is intendedly made in Italy and is governed by Italian law. For the resolution of disputes concerning the interpretation, execution or termination of these General Terms and Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the Court of his/her place of residence or domicile shall have exclusive jurisdiction if located within the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, excluding any other competent court.
Pursuant to Article 1341 of the Italian Civil Code, Customer confirms to have read, understood and accepted, and expressly accepts, the Clauses of the Terms and Conditions