GENERAL CONDITIONS OF SALE

Purchases and, more generally, orders placed by Customers to M&M GREENCARE SRL through this website are governed by these General Conditions of Sale. The Customer, before sending the Order, is required to read carefully these General Conditions, made available for him to read, save, accept and file.

DEFINITIONS

The terms and expressions used in these General Conditions shall have the following meanings unless otherwise provided:

(a) “M&M GREENCARE SRL”: M&M GREENCARE SRL, a limited liability company with a registered office in 33042 Buttrio (UD), Via Enrico Fermi 3/B, C.F. – P.I. and registration number with the Companies Register of Pordenone-Udine no. 03010570301 – REA UD no. 357913, e-mail info@mmgreencare.com – pec address m.m.greencaresrl@pec.it;
(b) “Site” or “Website”: the site accessible at the URL www.mmgreencare.com, owned by M&M GREENCARE SRL;

(c) “Customer”: the natural person who concludes the contract for the purchase of one or more Products; if the Customer intends to conclude the contract of sale of Products of M&M GREENCARE SRL in the exercise of his own entrepreneurial, commercial, handicraft or professional activity, or his intermediary, he will have to insert the fiscal data in the appropriate sections

(d) “Product/s”: each product made available for purchase.

(e) “Product Sheet”: the page containing all the information relating to the price, composition, indications, method of use, and warnings of the Product;
(f) “Prices”: the prices of the Products included in the Product Sheets are expressed in Euros and include VAT, unless otherwise indicated. The prices of the Products published on the Site may be updated and may therefore be subject to variations.
(g) “Order” or “Purchase Order”: the communication automatically generated by the system at the end of the process of formation of the Order (check out) and received by M&M GREENCARE SRL at the address sales@mmgreencare.com, relating to the Order of the Customer containing the data provided by the Customer, according to art. 1326 c.c. concerning the purchase of Products; with the check out of the Order, the Customer acknowledges to have full knowledge and accept these General Conditions.

(h) “Shopping Cart”: is the section of the Site in which the Orders placed by the Customer are placed;

(i) “Order Confirmation”: is the communication generated by the system and visible by the Customer on the Site with which the company M&M GREENCARE SRL confirms the Order of the Customer according to art. 1326 Civil Code. The Purchase Contract stipulated by M&M GREENCARE SRL and the Customer is concluded with the sending of the Order Confirmation to the Customer.
(l) “Contract(s)” or “Purchase Contract”: consists of these General Terms and Conditions and the Order Confirmation. In the event of any discrepancy between the General Terms and Conditions and the Order Confirmation, the Order Confirmation shall prevail;
(m) “Business days” and “Business hours” mean Monday to Friday, except for national holidays, with business hours from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 6:00 p.m;
(m) “General Terms and Conditions”: these General Terms and Conditions of Sale, which govern the relationship between the company M&M GREENCARE SRL and its Customers;

(o) “Consumer Code”: the regulations on the protection of Consumers dictated by Legislative Decree of 6 September 2005, no. 206, as amended and supplemented by Legislative Decree of 21 February 2014 no. 21;
(p) “Privacy Code”: the regulations on the protection of personal data dictated by Legislative Decree of 30 June 2003, No. 196, as amended by Legislative Decree of 10 August 2018, No. 101, as amended;
(q) “E-Commerce Regulations”: the provisions outlined in Legislative Decree No. 70 of 9 April 2003, as amended and supplemented, in implementation of the Community Directive 2000/31/EC of 8 June 2000 (the so-called E-Commerce Directive), concerning e-commerce websites.

DESCRIPTION AND VISUAL REPRESENTATION OF THE GOODS

The visual representation of the Products on the Site, where available, normally corresponds to the photographic image of the Products themselves and/or their packaging. Such representation has the sole purpose of presenting them for sale, without any guarantee or commitment, by M&M GREENCARE SRL, about the exact correspondence of the image depicted on the Site with the real product.
In case of a difference between the image and the written Product Sheet, the description of the Product Sheet shall always prevail. Product information may be subject to improvement changes over time, without this constituting an element of dispute. The company M&M GREENCARE SRL may eliminate and/or replace the products described on the Site at any time and without notice.

PURCHASING METHODS

The product catalogs available for purchase are all available at www.mmgreencare.com. For each product in the catalog, you will find

(a) the product data-sheet and its description.

b) a picture accompanying the indicative data sheet, which in any case has a non-descriptive but merely simplifying function and as such may differ from the finished product in color, shape and size;
c) the unit price.

Orders placed through the website www.mmgreencare.com will be considered finalized only after the sending of an order confirmation (which the customer is invited to print and keep or save digitally) by M&M GREENCARE SRL to the email address provided by the customer during registration. By placing the order, the customer declares to have read all the information contained in the order confirmation.
The order confirmation email will contain the number of the order itself, the type and quantity of the products requested, the invoicing data and the place where the goods will be delivered. In this regard, we invite the Customer to always check the correctness of such data and in case of error to immediately inform M&M GREENCARE SRL. In the case that within two (2) working days from the placing of the order the customer has not received the order confirmation email, the same is invited to contact directly M&M GREENCARE SRL at the phone number +39 3395722469. M&M GREENCARE SRL reserves in any case the right, at its sole discretion, to refuse forwarded orders. In case of non-acceptance of an order placed by a customer, the same will not be able to claim, for this circumstance, any compensation for contractual or extra-contractual damages, except the reimbursement of any sums already paid. The company M&M GREENCARE SRL reserves the right to modify the products included in the catalog and their list price at any time, without prior notice. Such changes will not affect orders already placed. M&M GREENCARE SRL keeps its online catalog constantly updated by inserting new products and indicating those temporarily unavailable. Nevertheless, if due to extraordinary circumstances, the availability of a product is not available immediately after the order has been sent, M&M GREENCARE SRL will promptly inform the customer, through the email address indicated by the same during registration, of the possible unavailability. The customer acknowledges that, due to the possible simultaneous access to the website by multiple users and the time elapsed between the loading of the web page and the insertion in the shopping cart, the actual availability of individual products may vary significantly during the same day compared to the information on the website.

PRICES AND DELIVERY COSTS

The Customer will pay M&M GREENCARE SRL the price that will result on the Order Confirmation page. If in some cases a Product may show different prices in different sections of the Site, the price of the Product visible on the Product Page must be intended.
Shipping costs are not free of charge, except for Orders with a minimum value of €50.00.

The fee delivery will be indicated on the Order Summary page shown to the Customer before the Order is checked out.

M&M GREENCARE SRL reserves the right to apply different promotions depending, for example, on product categories, products themselves, seasonality, Customer profile, etc.
The prices of the Products indicated in the Product Sheets do not include shipping costs and those related to the payment method chosen, which are identified and calculated according to the delivery place and payment method chosen at the time of the Order, which the Customer takes note of before placing the Order.
The Customer shall purchase the products at the price published on the Site when placing the Order. Variations do not constitute an element of dispute.

PAYMENTS

M&M GREENCARE SRL will accept the following payment methods: Advance bank transfer, Credit card, Paypal. The reason for the bank transfer shall report the Order Confirmation number and the Customer’s details.
The Customer shall make the corresponding payment to the bank account at the bank:

CrediFriuli – Banca di Credito Cooperativo del Friuli payable to M&M GREENCARE SRL
IBAN IT04L0708563930000000047496 BIC/SWIFT: ICRAITRRU50
indicating as the reason for payment the distinctive code received in the order confirmation itself.

The costs that the Customer may have to pay to his bank to make the transfer will not be in any way attributable to M&M GREENCARE SRL. The Customer is kindly requested to ask his credit institute in advance about the costs that he will have to incur to make this type of payment. Only after the actual crediting on the indicated bank account, M&M GREENCARE SRL will send the order confirmation and the shipment as indicated in the paragraph SHIPMENT. If after three (3) working days from the sending of the order the payment has not been credited to the current account previously indicated M&M GREENCARE SRL will consider the order canceled.

INVOICING

M&M GREENCARE SRL will issue a separate invoice for each order confirmation received by the Customer, even if it includes several items. The invoice will include the price of the individual products ordered, the VAT applied, the shipping costs, and the additional costs related to specific forms of payment chosen by the Customer. The invoice shall be made out to the Customer using the personal data the latter has declared when registering on the site. The Customer assumes all responsibility for the correctness of this information. The invoice shall be transmitted by email and the interchange portal. No changes to the invoice shall be possible after it has been issued.

SHIPPING

Shipping is free of charge for orders with a minimum value of 50€ inside Italy. For orders of less than 50€, we apply

– the single rate of 6€ in the Friuli-Venezia Giulia region;

– the single rate of 7€ for the rest of Italy. For orders from other countries we apply:
– the single rate of 22€ for UK zone 1 [Aberdeen (ABZ), Birmingham (BHX), Bristol (BRS), Cambridge (CBG), Edinburgh (EDI), East Midlands (EMA), Exeter (EXT), Glasgow (GLA), Inverness (INV), Isle Of Man (IOM), Ipswich (IPW), Leeds (LBA), Docklands (LCY), Gatwick (LGW), London-Heathrow (LHR), Lambeth (LON), Liverpool (LPL), Luton (LTN), Manchester (MAN), Teesside (MME), Maidstone (MSE), Newcastle (NCL), Oxford (OXF), Reading (RED), Southampton (SOU), Stansted (STN), Swindon (SWN), City Of London (ZLS)];
– the single rate of 15€ for the following States: UK Zone 2 [different from Zone 1], Ireland, Spain, France, Germany, Holland, Switzerland, Austria, Belgium, Denmark, Czech Republic, Slovenia;
– the single rate of 25€ for U.S.A.;
– the single rate of 50€ for Australia.

M&M GREENCARE SRL will ship the purchased products by express courier within five (5) working days from the actual receipt of the invoiced amount.
With the fulfillment of the Order, formalized by the communication of the Order Confirmation, M&M GREENCARE SRL delivers the Products to the courier or forwarding agent of trust to be sent to the address indicated by the Customer, unless a different delivery address has been specified in the order. M&M GREENCARE SRL is not responsible for the delivery time of each carrier indicated. The delivery will be made on working days (Monday to Friday) with the exclusion of holidays and pre-holidays, and it will be carried out non-floor. The goods will be shipped inside packaging prepared directly by M&M GREENCARE SRL. Delivery times are referred to the Products present in the warehouse at the moment of the Purchase Order. Delivery times of the courier are usually between 8:30 and 19:00. In the event of the Customer’s absence (or that of a person appointed by the Customer), the courier will leave a notice with instructions on how to arrange a different delivery date. If the delivery does not take place for reasons attributable to the customer (for example, his absence and/or failure to contact the courier), the latter is required to pay the shipping and storage costs incurred by M&M GREENCARE SRL. The terms of execution and delivery are indicative and not guaranteed, due to the many variables involved, with particular but not exclusive reference to the stage of delivery by the courier. In compliance with current regulations, M&M GREENCARE SRL undertakes to deliver the products to the consumer within 30 days from the date of conclusion of the Contract. No responsibility, for any reason and/or title, can be charged to M&M GREENCARE SRL in case the Products are not delivered according to the indicative deadline. In any case, if the delivery time of the Product should be delayed compared to the delivery time indicated on the Website, M&M GREENCARE SRL undertakes to give prompt notice to the Customer through an e-mail message sent to the address indicated by the Customer before sending the Order.
Under penalty of forfeiture, at the time of receipt of the order, the Customer is required to verify that the number of packages delivered corresponds to that reported on the TD and that the packaging is intact. In case of delivery of a lower number of packages compared to those indicated in the delivery note, or if the same is wet or damaged, the customer must sign the delivery note with reserve, contesting these circumstances in writing on the delivery note itself and giving notice no later than 24 hours from the date of delivery to M&M GREENCARE SRL through the page “Contacts” at the following address www.mmgreencare.com or by e-mail at sales@mmgreencare.com. Failing this, no further claims will be accepted. If, on the other hand, there is no correspondence between the order and the delivery, the customer must not accept the goods, must raise the objection directly with the carrier and report the incident via the “Contact” page at the following address www.mmgreencare.com or by e-mail to the mailbox sales@mmgreencare.com. If, despite everything, the carrier refuses to have the goods signed subject to a reservation, the Customer must REFUSE THE GOODS.
This procedure is the only solution that allows M&M GREENCARE SRL the management of the complaint practices with the courier and that allows to quickly return the goods eventually received not intact. We remind you that if the customer, without following the above-mentioned procedures, signs for acceptance of the delivery note, he will not be able to oppose later on any dispute about the external characteristics of what has been delivered to him in relation to the order placed.
M&M GREENCARE SRL is not responsible for cases of force majeure, unavailability of means of transport, acts of third parties, unforeseeable or unavoidable events that cause a delay in deliveries and/or make deliveries difficult or impossible or cause a significant increase in the cost of delivery borne by M&M GREENCARE SRL. In the above cases, M&M GREENCARE SRL has the right to split, postpone or cancel, in whole or in part, the scheduled delivery or to terminate the Purchase Agreement. In these cases, M&M GREENCARE SRL undertakes to provide timely and adequate communication of its decisions to the e-mail address provided by the customer, who has, in this case, the right to a refund of the price already paid, excluding any further claim, for any reason or title, against M&M GREENCARE SRL. In this sense, the customer explicitly renounces any claim, even as mere reimbursement and/or compensation, against M&M GREENCARE SRL.

Finally, there is the possibility to pick up the goods at our premises, after an arrangement between the Customer and M&M GREENCARE SRL by mailbox sales@mmgreencare.com.

DEFECTIVE PRODUCTS

With regard to any defects in the products purchased through the website www.mmgreencare.com, the rules provided for by the Civil Code in articles 1490-1495 shall apply, without prejudice to the applicability in favor of natural persons of the more favorable regulations introduced by Legislative Decree 206/2005 in articles 128-135. The customer who intends to request the replacement of defective products must necessarily send the same, complete in all their parts, together with the purchase invoice, the details of the order placed and the description of the defect found, to M&M GREENCARE SRL at Buttrio (UD), via E. Fermi 3/B – CAP 33042.
The company M&M GREENCARE SRL reserves the right to verify the actual existence of the defects complained of and to make the replacement only after such control. Return shipping costs shall be borne by the Customer. In case the reported anomaly does not exist, M&M GREENCARE SRL reserves the right not to replace the goods. The costs for the return of the products – return – will be borne by M&M GREENCARE SRL only if the products are flawed. For any clarification or possible claim, M&M GREENCARE SRL can be contacted through the “Contacts” page at the following address www.mmgreencare.com or by e-mail at sales@mmgreencare.com.

EXCLUSION OF LIABILITY

In no case M&M GREENCARE SRL will be responsible for delays or non-delivery due to negligence or in general fault of the express courier, as well as for circumstances attributable to fortuitous event or force majeure.

WITHDRAWAL

The Customer, a natural person acting for purposes unrelated to the activity or profession he or she may carry out (Consumer), who makes purchases through the e-commerce service of the website www.mmgreencare.com may exercise the right of withdrawal according to Articles 52-59 of Legislative Decree 206/2005 and subsequent amendments. In particular, the Consumer has the right to withdraw from the contract without penalty and without specifying the reason within 14 days of receipt of the purchased products. The withdrawal must be made by the Consumer by sending, within the aforementioned term provided under penalty of forfeiture to M&M GREENCARE SRL- E. Fermi 3/B – 33042 Buttrio (UD), of a written communication sent by pec to the address m.m.greencaresrl@pec.it. If the consumer intends to exercise the right of withdrawal after being taken over by the carrier, he will have to provide at his own risk and expense to return the purchased products eventually received, intact and not used, complete with original packaging, by sending by express courier to M&M GREENCARE SRL- via E. Fermi. 3/B – 33042 Buttrio (UD) within 14 days from the date on which he communicated his wish to use the right of withdrawal. In any case, damaged or used products or products returned to M&M GREENCARE SRL on cash on delivery will not be accepted. In the event that the consumer activates the right of withdrawal, M&M GREENCARE SRL will provide within 14 days from the date on which he received the notice of withdrawal to refund all payments made by the consumer with the exception of the costs of return of the goods, as well as any additional costs arising from the choice of the consumer to use a type of delivery other than the cheapest type offered by M&M GREENCARE SRL.
The refund will be made using the same payment method used by the Consumer for the initial transaction unless otherwise agreed.

REFUND

How the refund is made.

Refunds are issued to the payment method used for the purchase.

To obtain a refund, you must return the item within the timeframe set out in the WITHDRAWAL paragraph.

Payment method Refund method Refund timing (after issue)

Bank transfer
Credited to bank account 5-7 working days from the date the refund is issued

CUSTODY AND STORAGE OF PRODUCTS

The Products sold by M&M GREENCARE SRL must be kept and stored by the Customer using the necessary precautions and precautions to use and related to the nature of the Products themselves.
The negligence and/or inexperience in the storage of each Product may damage it and compromise its qualities. The company M&M GREENCARE SRL is not responsible for any damage to the Products sold resulting from incorrect and/or improper storage of the same, with express forfeiture of any form of warranty on them.

WARRANTY

For the warranty of the Products – dietary supplements and foodstuffs – the expiry date indicated in the Product Sheet/Packaging of the Product will be considered the authentic date.
M&M GREENCARE SRL shall not be held liable for the consequences deriving from a defective Product/s if the defect is due to the Product’s compliance with (i) a mandatory legal norm or (ii) a binding measure, or (iii) if the state of scientific and technical knowledge, at the time the Product/s was put into circulation, did not yet allow to consider the Product as defective.
No compensation shall be due if the Customer was aware of the Product’s defect and the danger arising therefrom and nevertheless proceeded to purchase it.
In any event, the Customer shall prove the defect, the damage, and the causal connection between the defect and the damage.

WARRANTY – FORFEITURE

The Customer will forfeit his rights recognized in terms of warranty by the previous paragraph if he does not report to the company M&M GREENCARE SRL the conformity defect of the Product/s within the forfeiture term of seven (7) days from the date he has discovered the defect.
The company M&M GREENCARE SRL will make every diligent effort to replace at its own care and expense, with other Products of the same quality and title available at its warehouses, those delivered Products that are damaged or defective, provided that these have been returned by the Customer in the original packaging (complete with all its parts). If the replacement with the same product is not possible, M&M GREENCARE SRL will refund the customer the amount paid for the defective product, excluding any further liability of M&M GREENCARE SRL, for any reason and/or title.

EXCLUSIONS AND LIMITATIONS OF THE WARRANTY

The shipping costs for the delivery of the Product(s) to M&M GREENCARE SRL for the Customer’s request for assistance will be entirely borne by the Customer, while the costs for the return of the Product(s) will be entirely borne by M&M GREENCARE SRL.
The warranty referred to in paragraph WARRANTY is excluded if (i) the customer has damaged the products for his own willful misconduct or negligence, or otherwise (ii) if the customer, for his own negligence and/or carelessness and/or other reasons not attributable to M&M GREENCARE SRL, has damaged and/or defective products, and/or exposed them to natural events and/or has used them improperly and/or has stored them wrongly. The warranty is also excluded if the defects derive from a use of the Products different from that resulting from the Product Sheet or from any further indications resulting from the Contract and/or for which they have been designed and manufactured, or in cases of normal wear and tear or deterioration of consumable parts.

CUSTOMER DATA

The company M&M GREENCARE SRL is obliged to keep the Data indicated by the Customer in his Order with the utmost care, confidentiality and diligence committing itself not to communicate them to others.

CHANGES

M&M GREENCARE SRL may modify, at any time and without notice, the content of these General Conditions.

These changes, if any, will take effect from the date of publication on the Website, as stated in the heading of the General Conditions themselves.
In case of changes, unless otherwise expressly agreed between M&M GREENCARE SRL and the Customer, the General Conditions in force at the time of the conclusion of such Contracts shall remain valid for the Contracts already concluded.

SLIGHT NEGLIGENCE AND LIMITATION OF LIABILITY

M&M GREENCARE SRL shall not be liable for damages, even to third parties, eventually caused as a consequence of contractual fault.

In no event, any sums due as compensation for damages by M&M GREENCARE SRL may exceed, for any reason and/or title, those paid by the customer in the performance of the Contract.

INTELLECTUAL PROPERTY RIGHTS

All trademarks and patents, as well as any work of genius, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property reproduced on the Site and relating to the Products remain the exclusive property of M&M GREENCARE SRL and/or its assignors, without the access to the Site and/or the conclusion of the Contract derive for the customer any right on these tangible and intangible assets.

TREATMENT OF PERSONAL DATA

M&M GREENCARE SRL undertakes to respect the current legislation on the protection of personal data.

M&M GREENCARE SRL protects the privacy of its Customers and guarantees that the processing of data complies with the provisions of the privacy regulations set out in the Legislative Decree of 30 June 2003 no. 196, as amended by Legislative Decree of 10 August 2018 no. 101, as amended (“Privacy Code”).
The personal and tax data acquired directly and/or through third parties by M&M GREENCARE SRL, the data controller, are collected and processed in paper, computer and telematic form, concerning the processing methods to register the order and activate the procedures for the execution of this Contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of business relations to the extent necessary to best perform the requested service (art. 24, paragraph 1, lett. b, Legislative Decree 196/2003).
M&M GREENCARE SRL undertakes to treat the data and information transmitted by the Customer with confidentiality and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. This data may only be produced at the request of the judicial authorities or other authorities authorized by law.
Personal data shall only be disclosed, subject to the signing of a confidentiality undertaking of the data itself, to parties delegated to perform the activities necessary for the execution of the Contract and communicated exclusively within the scope of this purpose.
The Customer enjoys the rights set out in Article 7 of Legislative Decree 196/2003, namely the right to obtain

a) the updating, rectification or, when interested, the integration of data;

b) the cancellation, transformation into an anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or to which the data were communicated or disseminated unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. The data subject also has the right to object, in whole or in part:
i) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection; ii) to the processing of personal data concerning him/her, where it is carried out to send advertising materials or direct selling or else for the performance of market or commercial communication surveys.
The communication of personal data by the Customer is a necessary condition for the correct and timely execution of this contract. Failing this, the Customer’s application cannot be processed.
In any event, the data acquired shall be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case securely take place.
The owner of the collection and processing of personal data is the company M&M GREENCARE SRL, to which the customer can address any request at the registered office.

Anything received by the e-mail address of M&M GREENCARE SRL will not be considered information or data of confidential nature, must not violate the rights of others and must contain valid information, not damage the rights of others and truthful, in any case, can not be attributed to M&M GREENCARE SRL any responsibility on the content of the messages themselves.

OTHER PROVISIONS

All purchases of Products made by the Customer through the Website are governed by these General Conditions as well as by the other provisions and operating instructions contained in the Website. In case of possible contrast and/or contradiction the Order Confirmation prevails over these General Conditions.

COMPLAINTS AND ASSISTANCE

The customer may make any complaints or request assistance on purchases made by contacting directly the company M&M GREENCARE SRL at the addresses of the headquarters and/or e-mail or telephone numbers indicated in these General Conditions.

Complaints will be processed by M&M GREENCARE SRL in the shortest possible time; the customer will receive an answer within an indicative period of seven (7) working days from the report.

APPLICABLE LAW AND JURISDICTION

The purchase contracts concluded through the website www.mmgreencare.com are concluded in Italy, governed by Italian law and subject to Italian jurisdiction. Any disputes and interpretation of these terms and conditions of sale, concerning the validity or execution of contracts concluded through the above-mentioned website, which may arise between M&M GREENCARE SRL and a customer will be referred exclusively to the competent Court of Udine.