Terms and conditions of service

1. Introduction and effectiveness of the General Terms and Conditions of Sale

1.1 These General Terms and Conditions of Sale (hereinafter “General Conditions”) govern the distance selling of products and services made available, via the internet, on the website https://magnatera.com/ (hereinafter “Site”) and their related payment and delivery, in compliance with Italian legislation as per Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).

1.2 The seller of the products and owner of the Site is: Pangea srl tax code and VAT no. 04433350289, with registered office in San Martino di Lupari, Via Colombara, 3 (hereinafter “Company”).

1.3 For clarity, it is specified that any reference to the Site contained in these General Conditions includes all current or future versions of the website https://magnatera.com/ as well as any Magnatera mobile application through which the Site is accessed and used, regardless of whether access occurs via a currently existing platform or device or via a future platform or device, including, but not limited to, any mobile site, mobile application, affiliated or related site for accessing and using the Site that may be developed over time.

1.4 The individual accessing the Site to make purchases (hereinafter “User” or “Customer”) is required, before “submitting the order”, to carefully read these General Conditions, which constitute a binding agreement, made available to them on the Site.

1.5 The Company reserves the right to modify these General Conditions over time by changing the provisions reported on this page. The User is therefore required to periodically check the General Conditions in force at the time of placing the Order for Products, as the version published on the Site on that date will apply to Site users. Site users are required to comply with the rules in force at the time they place an Order.

1.6 The use of personal data transmitted through the Site is governed by the “Privacy Cookies” Policy present on the Site.

1.7 It is possible to access, through browsing, some areas of the Site even without placing an order or without proceeding with the registration of one’s data.

1.8 Site Registration

1.8.1 In order to use the services, the “User can register by providing some personal information (hereinafter, ‘Registration’), indicating a valid personal email address and creating their own personal account (hereinafter, ‘Profile’), following the relevant registration procedure illustrated from time to time at the moment of Registration, to allow the Company to have a sufficient purchase profile to provide the Services. The Registered User may at any time access their Profile to update or modify the data entered, including information related to their preferences. It is understood that the Registered User will be solely responsible for the truthfulness and updating of such information.

1.8.2 The “Registered User undertakes to provide a personal email address, which they guarantee to legitimately have and to which they regularly access. The Registered User also undertakes to promptly update their registered email address on the Profile in case of changes.

1.8.3 At any time, Registered Users may request to delete their profile by sending an email to info@magnatera.com.

2. Products

2.1 The characteristics and price of the various products for sale on the Site (hereinafter “Product” or “Products”) are reported on the “SHOP” page.

2.2 The visual representation of the Products on the Site, where available, normally corresponds to the “photographic image. It is understood that the image of the Products themselves is solely for the purpose of presenting them for sale and may not be perfectly representative of their characteristics, but may differ in graphics, color and dimensions.

2.3 The prices of the Products include all taxes and duties. All prices are expressed in Euros. The prices of individual products do not include delivery costs which will be calculated from time to time at checkout. In the case of promotional BOXes or any future offers, shipping costs are included.

3. Product ordering methods

3.1 To purchase Products, the User must add the Product to the Cart and, after reviewing these General Conditions and the Privacy Policy, must enter shipping and any billing details, select the desired payment method and confirm the order.

3.2 By submitting the Order from the Site, which has the value of a contractual proposal, the “User acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Conditions and payment terms transcribed, as well as the Privacy Policy.

3.3 Upon receipt of the “Order, the Company will proceed with processing. The Company’s acceptance of the purchase order results in the ‘immediate charge of the expense amount according to the selected payment method.

3.4 This acceptance will be communicated to the Customer through an Order confirmation email containing the order number, shipping and billing details, the list of ordered Products, the total price – including delivery charges – and the payment method used.

3.5 The User must check the confirmation email and if they identify any errors in the order, including billing or shipping address, contact information or similar, they will have a time limit of 4 hours from receipt of such email to contact the following email address info@magnatera.com.

3.6 After this time, the order will be processed for shipment and no more modifications will be accepted, without prejudice to the Customer’s rights.

3.7 At the time of receipt of the Order, the Company reserves the right to verify the actual availability of the ordered Products; in case one or more Products are not available, the Company will proceed with communication to the Customer. The User can select a different option: (i) replace the product with a similar one; (ii) remove the missing product from the order. In case of one or more missing Products, the Company will not charge the relative price.

4. Returns and Refunds

4.1 Pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded as these are products that risk deteriorating or expiring rapidly; and as sealed goods that cannot be returned for hygiene reasons or connected to health protection and have been opened after delivery;

4.2 At the time of receipt of the “Order by the Company, this will be considered a contractual purchase proposal by the User and, therefore, cannot modify or withdraw from the Order and is not entitled to any refund.

4.3 However, if they still wish to attempt to modify or withdraw from the “Order, the User can contact the following email address: info@magnatera.com. The User expressly acknowledges that there is no obligation or assurance, however, regarding the fact that the Company will be able to accept the User’s requests for modification or withdrawal.

4.4 In case of refund, this will be made using the same payment method used by the Customer for the “Order, unless they have expressly requested a different method. The refund will be made within 10 working days from the acceptance of the refund by the Company.

5. Payment methods and invoicing

5.1 Payment for Orders can be made by credit/debit card or other electronic payment instrument through the Site.

5.2 In case of payment by credit or debit card or other electronic payment instrument, the Company is authorized to receive the relative payment from the “User. Payment in favor of the Company has a liberating effect for the User.

5.3 A credit or discount may be applied to the “Order if the User uses a voucher or promotional code recognized by the Site and validated by the Company.

5.4 Based on standard banking procedures, once an Order is submitted for which the User pays by credit card and the payment has been authorized, the bank or the company that issued the card reserves the entire amount related to the Order. If the execution of the Order is subsequently refused or if the Order is canceled for any other reason, the bank or the company that issued the card does not transfer the funds related to the Order to the Company and instead proceeds to make the relative amount available again in the User’s account. However, this process could take 10 working days (or more, depending on the bank or the company that issued the card). The User acknowledges, and accepts, that the Company is not responsible to the User for the delay due to the above-mentioned period with which the bank or the company that issued the card provides for the release of funds in the User’s current account.

5.5 To ensure maximum transaction security, the Company does not store the User’s payment data, and the transaction takes place on Shopify’s secure servers.

5.6 Payment methods:
• Credit Card. The circuits on which it is possible to purchase within the Site are: Visa; Mastercard; Maestro.
• Paypal.
• Google pay
• Apple pay
• Shopify pay

5.7 If the customer wishes to receive an invoice, they must request it by forwarding the confirmation of the order placed to info@magnatera.com indicating tax code and/or VAT number, any company name and SDI Recipient Code. The customer is responsible for the correct entry of billing data and is expressly informed that, in case of failure to request the invoice at the time of order, it will not be possible to request it later.

6. Shipments

6.1 At the time of receipt of the Order by the Company, the Products will be packaged the day before shipment.

6.2 Orders are fulfilled from Monday to Thursday. Orders received from 1:00 PM on Thursday to Sunday will be fulfilled the following Monday, public holidays and national holidays are always excluded.

6.3 Delivery is free for PROMOTIONAL BOX orders
In case of orders for single products, shipping costs start from €8.00
Products are delivered in an adequately packed carton box.

7. Transport and delivery

7.1 The delivery of Products is made in Italy to the “address indicated by the Customer during the purchase procedure in the appropriate ‘Shipping Details’ field, only after the regular payment of the Order.

7.2 Once the Products are shipped, the “User will receive a shipment confirmation email.

7.3 The Company uses standard shipping which provides for delivery between 2 and 6 days from the fulfillment of the Order. In any case, deliveries are not made on weekends. Estimated delivery times are indicative. The Company does not guarantee that Orders will be delivered or will be available for pickup within the estimated times.

7.4 The Company is not responsible for unforeseeable delays or delays not attributable to it or for any damages, losses, costs, incorrect and/or failed delivery of Products due to force majeure or fortuitous events (e.g. natural disasters, adverse weather conditions, strikes, accidents etc.).

7.5 The courier will make a first attempt to deliver the Order to the address provided by the Customer. If the delivery is unsuccessful, the courier will make a further delivery attempt the following day. In case the second attempt is also unsuccessful, the User can collect the package at the courier’s office.

7.6 Once you receive your box, you can store the products until the recommended date in a cool, dry place away from sunlight. If the product is consumed at different times, it is recommended to store the remaining product in an airtight container to preserve its freshness and avoid pests.

7.7 The User may cancel, postpone or request a change of shipping address for the order within a limited time frame from the conclusion of the order itself. The User must contact info@magnatera.com within 4 hours.

7.8 The Company reserves the right to cancel the Order in case of unforeseeable difficulties, informing the User by e-mail, or, upon agreement with the User, modify the day and/or time of delivery.

8. Complaints and Reviews

8.1 In the event that the User is not satisfied with the quality of any Product or service provided by the Company, the User is invited to make their opinion known via email at info@magnatera.com.

8.2 Reviews Section.

8.2.1 The User may leave comments and reviews in the Reviews section on the Site. Any material other than personal identification information, which is governed by the Privacy Policy, that is transmitted or posted or uploaded by the User on this Site (including, but not limited to, any Reviews) is considered non-confidential and the User declares and guarantees to be the sole person responsible for such content. The User accepts and agrees that the Company has no obligation in relation to the published content.

8.2.2 It is forbidden to publish, upload or transmit to the Site content that:
• violates any applicable local, national or international laws;
• is unlawful or deceptive;
• amounts to unauthorized advertising;
• contains viruses or any other harmful program.
• contains defamatory, obscene or offensive material;
• promotes violence or discrimination;
• violates third party intellectual property rights;
• promotes illegal activities or violates the privacy rights of third parties.

8.2.3 The list of prohibited acts in art. 8.2.2 is solely exemplary and not exhaustive. The Company reserves the right, without assuming any obligation in this regard, to proceed on an absolutely discretionary basis to remove or correct at any time any Review or other content published or transmitted on the Site that the Company deems to violate one of the prohibitions referred to in the previous articles.

8.2.4 User Reviews contained on the Site are for informational purposes only and reflect the opinions of users who have ordered through the Site or other third parties. Consequently, to the maximum extent permitted by law, the Company assumes no responsibility or commitment to compensate any person in relation to any Review or otherwise, including, but not limited to, in relation to errors, defamation, obscenity, omissions or falsehoods that may be found in such content.

8.2.5 User Responsibility: The User agrees to indemnify the Company for any loss, damage or claim (and all costs related to them) sustained by the Company itself or asserted against it by a restaurant, shop or other third party and which are derived from, or in connection with, any Review or other content provided by the User in violation of the representations, warranties, commitments or restrictions provided for in this article 8.

9. Disclaimer

9.1 The Company may make any changes to the material on the Site or to its operation and to the prices described therein, at any time and without notice, communicating such changes to users in the same manner in which the services and prices were communicated to them. The material on the Site may not be up to date and the Company assumes no commitment to update it.

9.2 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 for which the Company cannot therefore be held responsible, except in cases of willful misconduct or gross negligence.

9.3 Information relating to allergies, dietary information and other menu information: if the User, at the time of Order, has concerns regarding food allergies, intolerances or other food preferences, they undertake to contact the Company directly via email at info@magnatera.com before placing the order.

9.4 By placing an order through the Site, the User guarantees: to have the capacity to act and conclude legally binding contracts with the Company.

9.5 Without limiting the general validity of the above, and except in the case of willful misconduct and gross negligence of the Company, by using the Site the User accepts the following:
• The estimated delivery and collection times are indicative only. There is no guarantee from the Company that Orders will be delivered within the estimated times;
• The previous disclaimer clauses do not affect the users’ rights provided by law and/or the sales contract with the Company as well as the regulations of the Consumer Code protecting consumers;
• The Company provides the User access to the Site and allows its use on the assumption that, to the maximum extent permitted by law, any and all warranties, representations, conditions, commitments and any other clauses in relation to the Site and its use by the User are excluded, including any representation, warranty, condition, commitment and other provision that may otherwise apply to the Site or to its use by the User, or that is implicitly made applicable or included in these General Conditions pursuant to applicable law or otherwise.

9.6 Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or recognition of indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance or non-fulfillment, even partial, of an Order.

9.7 Without prejudice to the provisions of the previous article 9, the Company is not liable towards users in any case, neither contractually nor non-contractually (including for negligence), nor for violation of obligations imposed by law nor for any other reason, even if it is a foreseeable circumstance, arising from, or in connection with the Site, including the use, inability to use or the effects of using the Site, in relation to:
• any loss of profits, sales, business or income;
• loss or destruction of data, information or software;
• loss of business opportunities;
• loss of anticipated savings;
• loss of goodwill;
• any indirect or consequential loss.

9.8 The Company reserves the right to request additional information from the Customer or the sending of copies of documents proving ownership of the payment instruments used. In no case can the Company be held responsible for any fraudulent use of credit cards by third parties when paying for Products purchased on the Website/APP.

10. General provisions

10.1 these Site Conditions and any other document explicitly referred to therein constitute the entire agreement between the Company and the User and replace all previous discussions, correspondence, negotiations, any previous agreement, understanding or contract between the parties in relation to the subject matter of the contract.

10.2 If one or more terms or conditions of these General Conditions are declared invalid, null or ineffective, in whole or in any part, the invalidity, nullity or ineffectiveness will only concern such terms, conditions or provisions and the remaining terms will remain valid and effective to the maximum extent permitted by law.

10.3 The use of material present on the Site or of the Site itself for commercial purposes is not allowed without having obtained a license from the Company for this purpose.

10.4 This Site cannot be used and no part of it can be reproduced or stored in any other website nor can it be inserted into any system or service, public or private, for the electronic retrieval of information without the prior written authorization of the Company.

11. Warranty and Conformity Defects

11.1 In case of conformity defects of Products sold by the Company, the User must immediately contact the Company via email at info@magnatera.com.

11.2 The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The User has the right, at their choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product through repair or replacement, or to an adequate reduction in price or to the termination of the contract.

11.3 The User loses these rights if they do not report the conformity defect to the Company within two weeks from the date on which they discovered the defect, unless it is a Product which by its nature is perishable or subject to expiration in a shorter term, in which case the defect must be reported within this reduced term (the purchase receipt serves as proof).

12. Applicable law and jurisdiction

Contracts concluded with the Company through the Site are governed by these General Conditions in compliance with Italian legislation.
The sales contract between the User and the Company is understood to be concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the User is a consumer pursuant to the Consumer Code, the court of their municipality of residence or domicile if located in Italian territory will have exclusive jurisdiction; in all other cases, the territorial jurisdiction is exclusively that of the Court of Padua, any other competent court excluded.

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Pursuant to article 1341 of the Civil Code, the User declares to have read and to specifically accept the following articles of these General Conditions: 3.2 sending of the Order from the Site; 3.3 receipt of the Order; 3.5; 4 Returns and Refunds; 5 Payment methods; 7 Transport and Delivery; 8.2 Reviews; 9. Disclaimer; 11. Warranty and Conformity Defects; 12. Applicable law and jurisdiction.

With the release of their final authorization for Registration, therefore, the User fully and explicitly approves, without any reservation, the aforementioned clauses and individually identified in the previous paragraph.