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 for sale include inflorescences and derivatives of Cannabis Sativa L.: permitted uses pursuant to Law 242/16; THC content below 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:
MMY MALTA LTD.
These conditions are valid exclusively between the company MMY MALTA LTD (hereinafter referred to as “ MMY MALTA LTD”) and any natural or legal person who makes online purchases on the website www.mamamary.io (hereinafter referred to as the “ Customer ”). These conditions may be subject to changes and the date of their publication 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, MMY MALTA LTD sells and the Customer purchases remotely the tangible movable goods indicated and offered for sale on the website www.mamamary.io . The contract is concluded exclusively via the Internet, through the Customer's access to the address www.mamamary.io ( the "Site ") and the placing of a purchase order according to the procedure provided by the Site itself.
The Customer undertakes to read, before confirming his order, these general conditions of sale, in particular the pre-contractual information provided by MMY MALTA LTD. and to accept them by ticking the box indicated.
The Customer is required to carefully read the Conditions of Sale which MMY MALTA LTD. also makes available to you in order to allow you to reproduce and store the aforementioned conditions in compliance with the provisions of art. 12, paragraph 3, of Legislative Decree no. 70/2003.
In the order confirmation email, the Customer will also receive a 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 Customer's choice.
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 MMY MALTA LTD 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 MMY MALTA LTD
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 MMY MALTA LTD the electronic purchase order form available on the Site, following the instructions contained on the Site. Purchase orders must be filled out exactly in their entirety.
The Customer must place the selected Product(s) in 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 change some data contained therein, he/she must follow the specific modification procedure contained on the Site. For assistance, please contact: info@mamamary.io .
Once this operation is completed, the Customer will see a screen containing a summary of the purchase order, including shipping costs, with a request for further confirmation of the purchase procedure. After viewing the summary, the Customer must select the desired payment method and click the "Place Order" button.
With the confirmation of the purchase order by the Customer and the acceptance (by “flagging”) 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 MMY MALTA LTD 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 on both parties, when the order confirmation is sent to the Customer. The order confirmation sent by email from MMY MALTA LTD will include the Product(s) purchased; the price; the payment methods; and shipping costs. After payment, the Customer will receive an email confirming receipt of payment. From that moment, the order preparation and shipping times will begin.
In case that Should MMY MALTA LTD find errors in the order or deem the order unfulfillable within the time and manner requested, the Customer will be promptly notified and the order in question will be indicated as REFUSED; in this case the Customer is required to contact MMY MALTA LTD at info@mamamary.com . If the customer fails to contact you within 30 days of placing the order, the order will be automatically cancelled from the system. The customer is not entitled to compensation or damages, nor is he liable under any contract or tort for direct or indirect damages to persons and/or property, resulting from the non-acceptance, even partial, of an order or from cancellation due to failure to pay within the established deadline.
MMY MALTA LTD strives to describe and present the items sold on the Site in the best possible light. The photographs of the Products presented on the Site do not constitute a contractual element, as they are merely illustrative and may differ in color and shades, dimensions, or accessory products shown in the image.
The sales contract is considered concluded with the sending by MMY MALTA LTD will send the Customer an order confirmation email. The email will contain the Customer's details and order number, the price of the purchased goods, the number of purchased goods, 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 to MMY MALTA LTD
Article 4
PRODUCT CATALOG
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.
Product availability refers to actual availability at the time the Customer places the order. However, this availability should be considered purely indicative because, due to the simultaneous presence of multiple users on the Site, the products may be sold to other Customers before the order is confirmed.
Even after sending the order confirmation email sent by MMY MALTA LTD may experience partial or total unavailability of merchandise. In this case, the order will be automatically corrected by eliminating the unavailable product, and the Customer will be immediately notified by email according to the procedure described in Article 3 above.
Article 5
PRODUCT PRICE
All product sales prices listed on the www.mamamary.io website 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 to MMY MALTA LTD reserves the right to change 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 MMY MALTA LTD 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 MMY MALTA LTD of 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 will also be able to take advantage of the use of discount coupons or discount codes promptly communicated on the Facebook and Instagram channels of MMY MALTA LTD.
Article 6
PAYMENT METHODS
All payments by the Customer may be made by cash on delivery.
Purchasing with a payment card is reserved only for
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.
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 MMY MALTA LTD its willingness to exercise the right of withdrawal from the contract.
The direct costs of returning the products are borne by the Customer.
The goods must be returned intact, in their original packaging, complete in all their parts, without any alteration to the packaging itself, the label, and/or the warranty seal. Without prejudice to the right to verify compliance with the above, MMY MALTA LTD 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 Article 56, paragraph 3 of Legislative Decree 206/2005, MMY MALTA LTD may suspend the refund until the goods are received or until the Customer has demonstrated that he has sent the goods back to MMY MALTA LTD
MMY MALTA LTD will carry out the refund using the same payment method chosen by the Customer during the purchase or through other methods that will be agreed between MMY MALTA LTD and the Client .
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 penalty and without specifying the reason.
Article 8
DELIVERY METHODS
MMY MALTA LTD will only accept orders for delivery within Italy and the Republic of San Marino. The products will be delivered via express courier to the address indicated by the Customer at the time of ordering within and no later than 5 working days from the date of receipt by the Customer of the order confirmation email sent by MMY MALTA LTD
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 "INVOICE REQUEST" in the subject line (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. MMY MALTA LTD is not responsible for any delays due to unforeseen events beyond its control.
The Site will calculate shipping costs based on parameters dictated by national couriers, and the Customer can check the shipping cost at the end of the order process by reading the summary under the "Shipping" heading. Shipping costs are generally a flat €6 for Italy and €10 for international orders. Shipping costs are FREE for orders over €60.
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 especially BEFORE PAYMENT.
Delivery times, which are generally 24/48 hours and 48/72 hours for islands and special cases, after shipment. Any delays are not dependent on MMY MALTA LTD, which undertakes to mediate and attempt to resolve any delivery-related issues with the courier. By accepting these general conditions of sale, the Customer releases MMY MALTA LTD from any responsibility in this regard.
MMY MALTA LTD undertakes to deliver the goods within 10 working days from the date of dispatch by MMY MALTA LTD of the order confirmation email to the Customer.
Article 9
RESPONSIBILITY OF MMY MALTA LTD
MMY MALTA LTD assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances, including those resulting from internet malfunctions or disruptions, in the event that it is unable to fulfill the order within the timeframes set out in the contract.
MMY MALTA LTD cannot be held responsible for any use of the Products by the Customer in a manner other than 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, particularly 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 MMY MALTA LTD and are protected by intellectual property rights.
Article 12
GENERAL PROVISIONS
These General Conditions of Sale constitute the entirety of the clauses that comprise them. If one or more provisions of these General Conditions of Sale are held to be invalid or declared as such pursuant to law, regulation, or following a decision by a court having jurisdiction, the other provisions will remain in full force and effect.
Article 13
APPLICABLE LAW, DISPUTE RESOLUTION AND JURISDICTION
These General Conditions of Sale are subject to Italian law.
The application of any more favorable and mandatory provisions established by the law of the country in which they have their habitual residence to consumer Customers who do not have their habitual residence in Italy remains unaffected, 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, and the methods and formalities for communicating the same.
In case of malfunction or dispute between MMY MALTA LTD 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 MMY MALTA LTD
Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 206/2005 MMY MALTA LTD 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 MMY MALTA LTD , following which it was not possible to resolve the dispute which had arisen, MMY MALTA LTD 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 it intends to avail itself of these bodies to resolve the dispute itself. MMY MALTA LTD also informs the Customer who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established.
The ODR platform is available at the following address: http://ec.europa.eu/consumers/odr/ ; through the ODR platform, the consumer Customer can consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved. In any case, the consumer Customer retains the right to bring any dispute arising from these Conditions of Sale before the competent ordinary court, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, of initiating an out-of-court resolution of disputes relating to consumer relationships through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code. The Customer residing in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these Conditions of Sale, the European procedure established for small claims disputes, pursuant to Regulation (EC) No. 861/2007 of the Council of 11 July 2007, provided that the value in dispute, excluding interest, fees and costs, does not exceed €2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.