Terms and Conditions

Introduction: the offer and sale of products on the website www.mamamary.io are governed by the general conditions of sale below. Sale to minors is prohibited. The products on sale include inflorescences and derivatives of Cannabis Sativa L.: permitted uses pursuant to law 242/16; THC content lower than the legal limits. All products sold under the Cannabis Light category are intended for technical use, not intended for human consumption, unless otherwise indicated (“ Products ”) . The products purchased on the Site are sold by:

420 GROUP VAT number: 14762921006 REA NUMBER RM1544100.

These conditions are valid exclusively between the company 420 GROUP with VAT number: 14762921006 (hereinafter referred to as “ 420 GROUP ”) and any natural or legal person who makes online purchases on the website www.mamamary.io (hereinafter referred to as “ Customer ”). These conditions may be subject to changes and the date of publication of the same on the Site is equivalent to the date of entry into force.

These conditions govern purchases made on the website www.mamamary.io , in accordance with the provisions of the Consumer Code pursuant to Legislative Decree no. 206/2005 and Legislative Decree no. 70/2003 regarding electronic commerce.

Article 1

OBJECT

With these general conditions of sale, 420 GROUP sells and the Customer purchases remotely the tangible movable goods indicated and offered for sale on the Site www.mamamary.io . The contract is concluded exclusively through the Internet, by the Customer accessing the address www.mamamary.io ( “Site ”) and placing a purchase order according to the procedure provided by the Site itself.

The Customer undertakes to read, before confirming his/her order, these general conditions of sale, in particular the pre-contractual information provided by 420 GROUP and to accept them by placing a flag in the indicated box.

The Customer is required to carefully read the Conditions of Sale that 420 GROUP makes available to him also in order to allow him to reproduce and memorize the aforementioned conditions in compliance with the provisions of art. 12, co. 3° of Legislative Decree no. 70/2003.

In the order confirmation email, the Customer will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005.

Article 2

PRE-CONTRACTUAL INFORMATION

Before concluding the purchase contract, the Customer examines the characteristics of the goods which are illustrated in the individual product sheets at the time of the choice by the Customer himself.

Before the conclusion of the purchase contract and before the validation of the order with obligation to pay, the Customer will be informed with reference to:

  • total price of the Products including taxes, with details of shipping costs and any other costs;
  • payment method;
  • the deadline by which 420 GROUP undertakes to deliver the goods;
  • conditions, terms and procedures for exercising the right of withdrawal (See Art. 7);
  • information that the Customer will have to bear the cost of returning the goods in the event of withdrawal;
  • existence of the legal guarantee of conformity for the goods purchased;
  • after-sales assistance conditions and commercial guarantees provided by 420 GROUP.

     

    Article 3

    PURCHASE METHODS AND CONCLUSION OF THE CONTRACT

    To purchase the Products, the Customer must register by entering his/her personal details, specifying that he/she is over 18 years of age, following the instructions provided by the registration program, and must complete and send to 420 GROUP the purchase order form in electronic format available on the Site, following the instructions contained on the Site. Purchase orders must be filled out exactly in all their parts.

    The Customer must insert the selected Product/s into the appropriate “Cart” and, after having viewed and accepted the contribution for delivery costs, can proceed with the purchase.

    If the Customer needs to modify the purchase order or to modify some data contained therein, he/she must follow the specific modification procedure contained on the Site. For assistance, contact: info@mamamary.io .

    Once this operation is completed, the Customer will see a screen containing the summary of the purchase order, including delivery costs, with the request for further confirmation of the purchase procedure. After viewing the summary, the Customer must select the desired payment type and click the "Place Order" button.

    With the confirmation of the purchase order by the Customer and the acceptance (via “flag”) of the conditions of sale, these conditions and the additional information contained on the Site will be considered fully known and accepted by the Customer.

    The Order Confirmation by 420 GROUP sent to the Customer at the indicated email address will constitute acceptance of the contractual proposal. The contract will be considered concluded, and will be binding for both parties, when the order confirmation is sent to the Customer. The order confirmation sent by email by 420 GROUP will contain the indication of the Product(s) purchased; the indication of the price; the means of payment; the delivery costs. After payment, the Customer will receive an email notifying receipt of payment and from that moment the times for preparing and shipping the order will run.

    In the event that 420 GROUP finds errors in the order or deems the order unworkable within the time and manner requested, the Customer will be promptly notified, who will indicate the order in question as REFUSED; in this case the Customer is required to contact 420 GROUP at the email address info@mamamary.com . After 30 days from the creation of the order, in the absence of contact from the Customer, the order will be automatically cancelled from the system. Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order or by cancellation due to failure to pay within the established deadline.

    420 GROUP undertakes to describe and present the items sold on the Site in the best possible way. The photographs of the Products presented on the Site do not constitute a contractual element, as they are only illustrative and may differ in color and its shades, dimensions or accessory products present in the figure.

    The sales contract is considered concluded with the sending by 420 GROUP to the Customer of an order confirmation email. The email contains the Customer's data and the order number, the price of the goods purchased, the units of goods purchased, the shipping costs and the delivery address to which the goods will be sent.

    The Customer undertakes to verify the accuracy of the personal data contained in the order and to promptly communicate any corrections to 420 GROUP.

    Article 4

    PRODUCT CATALOGUE

    In the Product catalogue published on the Website www.mamamary.io, the availability of the Products, although constantly updated, may be subject to changes not in real time and without notice.

    The availability of the Products refers, in fact, to the actual availability at the time the Customer places the order. Such availability must however be considered purely indicative because, due to the simultaneous presence on the Site of multiple users, the products could be sold to other Customers before the order is confirmed.

    Even after the order confirmation email has been sent by 420 GROUP, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected by eliminating the unavailable product and the Customer will be immediately informed by email according to the procedure described in the previous Art. 3.

     

    Article 5

    PRODUCT PRICE

    All product sales prices indicated on the Site www.mamamary.io are expressed in Euros and include VAT.

    Shipping costs are not included in the purchase price, but are indicated and calculated at the end of the purchase process before payment is made.

    The Customer accepts the right of 420 GROUP to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the Site at the time of creation of the order and indicated in the confirmation email sent by 420 GROUP to the Customer.

    In the event of an IT, manual, technical, or any other error that may result in a substantial change, not foreseen by 420 GROUP, in the retail price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the Customer will be refunded within 14 days of the day of cancellation.

    The Customer may also take advantage of the use of discount coupons or discount codes promptly communicated on the 420 GROUP Facebook and Instagram channels.

     

    Article 6

    PAYMENT METHODS

    All payments by the Customer may be made by cash on delivery. 

     Purchasing with a payment card is reserved for customers only.
     following countries: AT, BE, BG, HR, CY, CZ, CH, DK,
     EE, FI, FR, DE, GR, HU, IE, IT, LV, LT, LU, MT, NL,
     PL, PT, RO, SK, SI, ES, SE, GB, IS, LI, NO. "

     

    Article 7

    RIGHT OF WITHDRAWAL

    Pursuant to the provisions of the Consumer Code (Legislative Decree 206/2005), in cases where the Customer acts as a consumer as defined by the same Consumer Code, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the Products.

    The Customer who intends to exercise the right of withdrawal must communicate this to 420 GROUP via an explicit declaration, which may be sent via certified email to the address 420group@legalmail.it or via registered mail with return receipt to the address provided below.

    In case of exercising the right of withdrawal, the Customer is required to return the goods within 10 days from the day on which he communicated to 420 GROUP his will to exercise the right of withdrawal from the contract.

    The goods must be returned to 420 GROUP - Largo Brancaccio, 73, 00184 Roma RM.

    The direct costs of returning the products are borne by the Customer.

    The goods must be returned intact, in the original packaging, complete in all its parts without any alteration of the packaging itself, the label and/or the warranty seal. Without prejudice to the right to verify compliance with the above, 420 GROUP will refund the amount of the products subject to withdrawal within a maximum of 14 days following receipt of the Products subject to withdrawal , excluding any shipping costs.

    As provided for by Art. 56 paragraph 3 of Legislative Decree 206/2005, 420 GROUP may suspend the refund until receipt of the goods or until the Customer has demonstrated that he has returned the goods to 420 GROUP.

    420 GROUP will refund using the same payment method chosen by the Customer during the purchase phase or through other methods that will be agreed between 420 GROUP and the Customer .

    Pursuant to and for the purposes of Articles 64 et seq. of Legislative Decree no. 206/05, the Customer may exercise the right of withdrawal, without any penalty and without specifying the reason.

     

    Article 8

    DELIVERY METHODS

    420 GROUP will only accept orders to be delivered in Italy and the Republic of San Marino. The products will be delivered by express courier to the address indicated by the Customer at the time of the order within and no later than 5 working days from the date of receipt by the Customer of the order confirmation email sent by 420 GROUP.

    The order, if all products are available, is generally prepared within 24 hours of payment.

    For each order placed on the Site, the Customer can request an invoice for the goods purchased and shipped by sending an email to info@mamamary.io with all the data and VAT number, specifying in the subject “INVOICE REQUEST” (pursuant to art. 22 paragraph 1 of Presidential Decree 633/72 and subsequent amendments).

    For available goods, delivery will normally take place within the times indicated. 420 GROUP is not responsible for any delays due to unforeseen events beyond its control.

    The Site will calculate shipping costs based on some parameters dictated by national couriers and the Customer will be able to check the shipping cost at the end of the order compilation by reading the summary under the heading "Shipping". Generally, shipping costs are a fixed €6 for Italy and €10 for abroad. After spending €60, shipping costs are FREE.

    The Customer is required to carefully check the order summary and the costs listed to avoid running into problems of various kinds before sending the order and above all BEFORE PAYMENT.

    Delivery times, which are generally 24/48h and 48/72h for the Islands and special cases, after shipment. Any delays do not depend on 420 GROUP which in any case undertakes to mediate and try to resolve with the courier any problem related to delivery. The Customer, with the acceptance of these general conditions of sale, exonerates 420 GROUP from any liability in this regard.

    420 GROUP undertakes to deliver the goods within 10 working days from the sending by 420 GROUP of the order confirmation email to the Customer.

     

    Article 9

    420 GROUP RESPONSIBILITY

    420 GROUP assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet network, in the event that it is unable to execute the order within the timeframes set out in the contract.

    420 GROUP cannot be held responsible for any use of the Products made by the Customer in a manner different from that declared pursuant to these general conditions of sale, including the purchase and/or use of the Products by minors under the age of 18.

     

    Article 10

    ACCESS AND USE OF THE SITE - TRADEMARKS

    The Customer has the right to access the Site for consultation and purchases. No other use, in particular commercial, of the Site or its content is permitted. The integrity of the elements of this Site, whether audio or visual, and the related technology used remain the property of 420 GROUP and are protected by intellectual property rights.

     

    Article 12

    GENERAL PROVISIONS

    These General Conditions of Sale are constituted by all the clauses that compose them. If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.

     

    Article 13

    APPLICABLE LAW, DISPUTE RESOLUTION AND JURISDICTION

    These General Conditions of Sale are subject to Italian law.

    The application to consumer Customers who do not have their habitual residence in Italy of any more favourable and mandatory provisions established 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.

    In the event of a malfunction or dispute between 420 GROUP and the Customer, the Court of the place of residence or domicile of the Customer will have jurisdiction if located in the territory of the Italian State only in the case in which the latter acts as a consumer pursuant to Legislative Decree 206/2005. In all other cases , any dispute that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of 420 GROUP .

    Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 206/2005, 420 GROUP informs the Customer who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he has submitted a complaint directly to 420 GROUP, following which it has not been possible to resolve the dispute thus arising, 420 GROUP will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code), specifying whether or not he intends to avail himself of such bodies to resolve the dispute itself. 420 GROUP also informs the Customer who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that: a) of the Consumer Code which established a European platform for the online resolution of consumer disputes (so-called ODR platform).

    The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/ ; through the ODR platform the consumer Customer will be able to consult the list of ADR bodies, find the link to the Site of each of them and start an online dispute resolution procedure in which he is involved. In any case, the right of the consumer Customer to bring the dispute arising from these Conditions of Sale before the competent ordinary judge is reserved, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, to promote an out-of-court resolution of disputes relating to consumer relationships by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code. The Customer who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these Conditions of Sale, the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and costs, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.