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Terms of Sale

Shipping in Italy: shipping cost depends on the volumetric weight and the postcode of the buyer.

Shipping abroad (in the countries expressly indicated in these General Conditions and with the express exclusion of beverages and/or alcoholic products): the cost of shipping abroad depends on the volumetric weight of the order and the address of the end customer, based on the FEDEX price list.

Payment Methods

The Customer may pay the price of the Products and the related delivery costs by:

- credit cards

- PayPal

- Payplug

- bank transfer

- prepaid cards

1. Introduction and effectiveness of the General Conditions

These general conditions of sale (hereinafter “General Conditions”) have as their object the regulation of the purchase of products, carried out remotely and made available, via the internet, from the site www.marinellafood.it hereinafter, the “Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter “Consumer Code”).

The seller of the products and owner of the Site is: Maglio Energia S.A.S. of marina maglio e C. with registered office in Via fontanelle, 74 – 84025 Eboli SA Tel: +393336108752 - VAT number 05319000658 - Email address: info@marinellafood.it.

The contract is concluded exclusively through the internet, by accessing the Site and placing a purchase order according to the procedure provided by the Site itself.

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.

Anyone who accesses the Site to make purchases (hereinafter “Customer”):

A) is required, before sending the order, to carefully read the General Conditions, giving specific confirmation; the General Conditions are also made available to the Customer on the Site and can be consulted at any time by the Customer also through the link contained in the confirmation email of each order to allow reproduction and storage.

B) declares to be of legal age according to the legislation applicable to him. The Customer who makes a purchase through the Site, furthermore, declares and guarantees that the person who will receive the shipment of the purchased products is of legal age according to the legislation applicable to the latter. In this regard, he/she acknowledges that he/she is fully aware that the current legislation prohibits the sale of alcohol to minors and that, therefore, the delivery of the order can only be made to persons who demonstrate that they are of legal age, through a declaration made under their own responsibility.

These General Conditions are governed by the Consumer Code and by the rules on electronic commerce (Legislative Decree no. 70/2003 and subsequent amendments)

In the event that the person making purchases on the Site is a professional operator, as defined in art. 3, paragraph 1, letter c) of the Consumer Code, the withdrawal provisions set out in art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers"

The contracts concluded with Maglio Energia S.A.S. di marina maglio e C. through the Site are governed exclusively by these General Conditions in exclusive compliance with Italian law. The language available to conclude the contract is exclusively Italian, which therefore the Customer, by proceeding with the formulation of an order, declares to know and understand.

The General Conditions of Sale do not regulate the sale of products by parties other than Maglio Energia S.A.S. di marina maglio e C. that may be present on the Site via links, banners or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to verify their conditions of sale. Maglio Energia S.A.S. di marina maglio e C. is not responsible for the provision of services and/or for the sale of products by such parties. On the websites that can be consulted via such links Maglio Energia S.A.S. di marina maglio e C. does not carry out any checks and/or monitoring. Maglio Energia S.A.S. di marina maglio e C. is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by the same.

2. Choosing and ordering the Products

The characteristics and price of the various products on sale on the Site (hereinafter “Products” and individually the “Product”) are shown on the page relating to each Product and therefore fully knowable by the Customer; the description of the Product also indicates whether the Customer is entitled to the right of withdrawal pursuant to the following articles 7 and 8 of these General Conditions.

In the event that a Product is offered on the Site at a discounted price, the Product sheet indicates (i) the full reference price on which the discount is calculated and (ii) what this full reference price corresponds to.

To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions on the Site. The Customer must add the Product to the "Cart" and, after having read the General Conditions and the Privacy Policy and confirmed their acceptance, must enter his/her data and those necessary for shipping and for invoicing or issuing a receipt, selecting the desired payment method and then confirming the order.

By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided during the purchase procedure and fully accepts these General Conditions and payment terms.

The contract stipulated between Maglio Energia S.A.S. di marina maglio e C. and the Customer must be considered concluded with the acceptance of the order by Maglio Energia S.A.S. di marina maglio e C.. Such acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Conditions, the order number, the Customer data as well as shipping and invoicing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer is responsible for checking with the utmost attention and care the correctness of the data contained in the Order Confirmation, communicating to the customer service of Maglio Energia S.A.S. di marina maglio e C. (hereinafter the “Customer Service”) any errors and/or corrections within and no later than 12 (twelve) hours from receipt of the Order Confirmation itself; such communication may be made exclusively from the Site using the specific contact form accessible via the “Contact us” tab. After the aforementioned deadline, the order will become final and will be processed for shipment and no further changes will be accepted, all this without prejudice to the Customer's rights under the following article 7.

Before sending the Order Confirmation, Maglio Energia S.A.S. di marina maglio e C. will check the availability of stocks for the fulfillment of the order itself. In the event that one or more Products are not available within the delivery terms described in more detail below, the Customer Service will expressly indicate this in the Order Confirmation and the Customer, within the following 12 (twelve) hours, will alternatively have the right to: (i) respond by confirming the shipment of only the available Products or (ii) respond by canceling the entire order placed. In the event of no response within this deadline, the order will be considered confirmed for only the available Products which will then be shipped. The amount relating to the undeliverable Products, as they are not available, will, in any case, be deducted from the payment made by the Customer, who will therefore be required to pay only the balance of the confirmed Products.

3. Product Information

The information and characteristics relating to the Products are available, with the relative Product codes, on the Site.

The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that any image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in color and size. In the event of a difference between the image and the written Product sheet, the description of the Product sheet always prevails.

Maglio Energia S.A.S. di marina maglio e C. undertakes to describe and present the items sold on the Site in the best possible way. Nevertheless, some errors, inaccuracies or differences between the Site and the actual product may arise. Furthermore, the photographs of the Products presented on the Site do not constitute a contractual element, as they are to be considered merely representative.

4. Prices and shipping times

Product prices include all taxes and duties. All prices are expressed in Euros.

Shipping costs are not included in the prices of the Products, but are calculated on the basis of the following:

Shipping in Italy: shipping costs depend on the volumetric weight and the postcode of the purchaser.

Shipping abroad (in the countries expressly indicated in these General Conditions and with the express exclusion of beverages and/or alcoholic products): the cost of shipping abroad depends on the volumetric weight of the order and the address of the end customer, based on the FEDEX price list.

Maglio Energia S.A.S. di marina maglio e C. delivers the Products exclusively within the territory of the Italian Republic and in the countries expressly indicated in these General Conditions (see Article 6). Alcoholic beverages are delivered exclusively within the borders of the Italian Republic.

The Customer accepts the right of Maglio Energia S.A.S. di marina maglio e C. to modify the prices of the Products (as well as shipping costs) at any time; this being understood, the Customer will be charged the prices and costs indicated on the Site at the time of creating the order and therefore at the time of sending the order, as indicated in the Order Confirmation.

In the event of an IT, manual, technical, or any other error that may lead to a substantial change, not foreseen by Maglio Energia S.A.S. di marina maglio e C., of the retail price, making it exorbitant or clearly derisory, the purchase order, although accepted, will be considered invalid and cancelled and any amount paid by the Customer will be refunded within 14 (fourteen) days from the day of cancellation of the order. The refund will be made using the same payment method used by the Customer, unless the Customer has expressly requested a different method. In the case of bank transfer or payment with Maglio Energia S.A.S. di marina maglio e C. Prepaid Cards, the Customer will be responsible, in compliance with the methods set out in the following article 11, for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN). In the case of total or partial payment with Online Gift Cards, a new Online Gift Card, loaded with an amount equal to that used for the purchase, will be sent to the Customer by Maglio Energia S.A.S. di marina maglio e C..

In the case of purchasing multiple Products, Maglio Energia S.A.S. di marina maglio e C. reserves the right to deliver the individual Products with different times and deliveries. This choice by Maglio Energia S.A.S. di marina maglio e C. will not entail, for the Customer, any increase in costs, not even in terms of delivery costs.

5. Payment methods and invoicing

5.1 Payment methods

The Customer may pay the price of the Products and the related delivery costs using the credit cards indicated on the Site, via PayPal, Payplug, via bank transfer, via prepaid cards (Maglio Energia S.A.S. di marina maglio e C. Prepaid Card / Online Gift Card).

Credit Card

The circuits on which it is possible to purchase within the Site are:

Visa / Visa Electron

Mastercard

American Express

Diners Club International

To ensure maximum security, the Customer will carry out the payment transaction directly on the bank's secure server.

The Site does not store the Customer's credit card number, but thanks to the protected communication system of the reference credit institution, from the second purchase, the Customer who wishes - by selecting the appropriate option - will be able to proceed with the purchase without re-entering his data. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Customer's browser.

In no case can Maglio Energia S.A.S. di marina maglio e C. be held responsible for any fraudulent or illicit use of credit cards that may be made by third parties during the purchase and payment procedure of the Products.

Maglio Energia S.A.S. di marina maglio e C. reserves the right not to accept purchase orders or suspend the execution of orders already confirmed in the event of anomalies or irregularities in the payment. In this case Maglio Energia S.A.S. di marina maglio e C. reserves the right to request additional information from the Customer and/or the sending of copies of documents proving ownership of the credit card used for the purchase. In the absence of the requested documentation, Maglio Energia S.A.S. di marina maglio e C. reserves the right not to accept the order, or to terminate any contract already concluded, without this giving the Customer the right to request compensation for damages or to assert any claim.

In the case of payment by credit card, the actual debit of the order amount will occur when Maglio Energia S.A.S. di marina maglio e C. sends the Order Confirmation.

PayPal

Once the order has been confirmed, the Customer will be redirected to the PayPal site where he/she can make the payment with his/her account or using a card, even a prepaid one, or in any case according to the methods accepted by PayPal and in compliance with the relevant conditions.

In no case will Maglio Energia S.A.S. di marina maglio e C. may be held responsible for any fraudulent or illicit use of the payment instrument that may be made by third parties during the purchase and payment of the Products.

Maglio Energia S.A.S. di marina maglio e C. reserves the right not to accept purchase orders or suspend the execution of orders already confirmed if Paypal reports anomalies or irregularities in the payment. In this case Maglio Energia S.A.S. di marina maglio e C. reserves the right to request additional information from the Customer and/or the sending of copies of documents proving ownership of the credit card used for the purchase. In the absence of the requested documentation, Maglio Energia S.A.S. di marina maglio e C. reserves the right not to accept the order, or to terminate any contract already concluded, without this giving the Customer the right to request compensation for damages or to assert any claim.

In the case of payment with PayPal or Payplug, the actual debit of the order amount will occur when Maglio Energia S.A.S. di marina maglio e C. will send the Order Confirmation.

Bank transfer

The Customer who intends to proceed with the payment by bank transfer, must make the payment within 12 hours of receiving the Order Confirmation. If the aforementioned terms are not respected, the order will be cancelled and the Products will be made available again for purchase by other Customers.

The Customer who has not made the payment in compliance with the preceding terms, may be contacted by Customer Service in order to clarify the cause and that is whether said non-payment is attributable to the Customer's will not to confirm the purchase or rather to other causes.

Bank transfer details: c/c:

Maglio Energia S.A.S. di marina maglio e C.

BANK: INTESA SANPAOLO S.P.A.

IBAN: IT46T0306915216100000005658

BIC:BCITITMMXXX

Reason: the Customer must indicate in the reason for the transfer the date and order number, which can be found in the confirmation email (e.g. "Order 01/01/14 no. 100012345").

5.2 Fiscal documentation to support orders

Maglio Energia S.A.S. di marina maglio e C. will issue a duly numbered tax receipt at the time of Order Confirmation. In the event that, within 48 (forty-eight) hours of order confirmation, the Customer does not receive the receipt by email, the Customer may contact Customer Service from the Site in accordance with the provisions of the following article 11.

For the issuance of the receipt, only the information provided by the Customer will be valid and it is therefore necessary for the Customer to pay maximum attention in entering the same and in their subsequent verification.

If the purchase is made by a Customer who acts, not as a consumer, but as a professional operator, as defined by art. 3 of the Consumer Code (hereinafter the "Professional"), he/she must, exclusively by selecting the appropriate box during the order procedure, request the issuance of the invoice, indicating the data relating to his/her VAT number, so that the invoice issued by Maglio Energia S.A.S. di marina maglio e C. can report such data.

Maglio Energia S.A.S. di marina maglio e C. will issue an invoice for the order, sending it via email to the Customer who placed the order. If, within 48 (forty-eight) hours of order confirmation, the Customer does not receive the invoice via email, the Customer may contact Customer Service from the Site in accordance with the provisions of the following article 11.

For the issuing of the invoice, only the information provided by the Customer will be valid and it is therefore necessary for the Customer to pay maximum attention in entering the same and in their subsequent verification.

The Products are subject to the laws and regulations in force regarding customs and export control and therefore must be purchased, exported and used in compliance with such regulatory provisions, which the Customer, proceeding with the formulation of the order, declares to be aware of.

6. Transport and delivery

Maglio Energia S.A.S. di marina maglio e C. uses packaging that is appropriate for the nature of the Products. Both in the case of homogeneous shipments by manufacturer and mixed selections, Maglio Energia S.A.S. di marina maglio e C. reserves the right to use the packaging of the same manufacturers.

Maglio Energia S.A.S. di marina maglio e C. will proceed with the delivery directly and/or by specialized carriers specifically indicated by Maglio Energia S.A.S. di marina maglio e C. itself (hereinafter the “Carriers” and individually the “Carrier”). The presence of the Customer is required at the time of delivery; if the Customer is absent at the time of delivery, he/she may delegate a third party provided that they are of age according to the law applicable based on the place of delivery. For no reason may the delivery of the Products be made to minors à or to persons who are unable to show a valid identity document.

At the time of Delivery, the Customer is obliged to check that the packaging is intact, that the Products received correspond to what is reported in the order and in the transport document. In the event of visible defects, such as incorrect quantities and/or incorrect Products and/or non-integrity of the packaging, the Customer is required both to report such anomalies on the transport document and to contact Customer Service without delay from the Site pursuant to the provisions of the following article 11. If the Customer intends to report anomalies, he/she is in any case required to sign the transport document indicating "with reservation of control on the integrity of the products"; if this does not happen, the Customer will not be able to subsequently contest the external non-conformity of the Product and its quantity compared to what was ordered.

Maglio Energia S.A.S. di marina maglio e C., except in cases of force majeure or unforeseeable circumstances, will deliver the ordered Products within a maximum of 3 (three) working days from the day following the Order Confirmation. The delivery date indicated in the Order Confirmation must therefore be considered as merely indicative and not binding for Maglio Energia S.A.S. di marina maglio e C.. The Products will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate “Shipping Data” field.

Maglio Energia S.A.S. di marina maglio e C. is in any case never responsible for delays that are unforeseeable or not attributable to it.

Once the Products have been shipped, the Customer will receive a shipping confirmation email which will include a link to refer to for tracking the shipment.

All purchases will be delivered from Monday to Friday, excluding holidays and national holidays. Delivery will be made between 8:00 am and 8:00 pm. Maglio Energia S.A.S. di marina maglio e C. or the Carrier will make 1 (one) attempt to deliver the Products; in the event of absence, Maglio Energia S.A.S. di marina maglio e C. and/or the Carrier will send the Customer a communication via email indicating the telephone number to contact or the link to select to arrange the second delivery. After the second unsuccessful attempt, a second email will be sent, informing the Customer that the Products will be held in storage free of charge at Maglio Energia S.A.S. di marina maglio e C. or at the Carrier (depending on who made the second delivery attempt) for a maximum of 24 (twenty-four) hours, starting from the sending of the aforementioned second email. During this period, the Customer may contact the Carrier to reach agreements for a new delivery directly and at his own expense. After the aforementioned 24 (twenty-four) hours have elapsed without the Customer having agreed on a new delivery, the Products will be returned to Maglio Energia S.A.S. di marina maglio e C., the contract will be considered terminated and the purchase order consequently cancelled pursuant to art. 1456 of the Italian Civil Code. Maglio Energia S.A.S. di marina maglio e C. will then proceed, within 14 (fourteen) working days following the termination of the contract, to refund the amount paid by the Customer, minus the costs of the unsuccessful delivery of the Products, the costs of returning them to Maglio Energia S.A.S. di marina maglio e C. and any other costs and/or damages incurred due to the failed delivery caused by the absence of the recipient. The termination of the contract and the amount of the refund will be communicated to the Customer via email. In this regard, the Customer acknowledges that the collection of the Product is a specific obligation deriving from the purchase contract and that failure to comply with this obligation for perishable or otherwise deteriorating goods always entails damages to Maglio Energia S.A.S. di marina maglio e C. equivalent to the price of the uncollected Product.

Delivery services active in Italy:

SDA BRT Express Courier

Delivery services active abroad:

Fedex Express Courier

[FP4] Countries where the service is active: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Principality of Monaco, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain (with the exception of the Canary Islands and Ceuta and Melilla), Sweden, Hungary.

The delivery of alcoholic beverages outside the territory of the Italian Republic is not permitted. Delivery to PO boxes or post offices is also excluded. In the event that the shipping address does not fall within the borders of the countries indicated above (with the exclusions reported therein) or is at a PO box or a post office, Maglio Energia S.A.S. di Marina Maglio e C. will independently proceed to resolve the contract pursuant to and for the purposes of art. 1456 of the Italian Civil Code. Maglio Energia S.A.S. di marina maglio e C. will then proceed, within 14 (fourteen) working days following the termination of the contract and the reimbursement of any amount paid by the Customer.

7. Right of withdrawal

Only the Customer who is a consumer, as defined in article 3 of the Consumer Code (hereinafter the “Consumer”), has the rights referred to in art. 52 et seq. of the Consumer Code, as amended by Legislative Decree no. 21 of 21/02/2014; the Consumer therefore has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except for the cases of exclusion provided for in the following point IV of this article 7, all with the methods specified below (hereinafter the “Withdrawal”).

In the event of purchase of Products, to exercise the right of Withdrawal, the Consumer must send Maglio Energia S.A.S. di marina maglio e C. a communication within 14 (fourteen) days from the date of receipt of the Products.

or, if he intends to exercise the Withdrawal before having received the Products, the relevant communication may be sent at any time before their receipt.

This communication must be sent by registered letter with return receipt, addressed to:

attention: Returns and Refunds Office

Maglio Energia S.A.S. di marina maglio e C.

Via fontanelle, 74 – 84025 Eboli SA

Once the communication has been received, the Customer Service of Maglio Energia S.A.S. di marina maglio e C. will open a file for the management of the return and communicate to the Consumer the instructions on how to return the Products, which will take place via a courier indicated by Maglio Energia S.A.S. di marina maglio e C. itself.

The right of Withdrawal is governed by the following conditions:

I. The right applies to the order duly confirmed in its entirety; therefore, if the order is composed of multiple components or parts, it is not possible to exercise the withdrawal for only a part of the order.

II. In the event of correct and timely exercise of the right of Withdrawal, Maglio Energia S.A.S. di marina maglio e C. will reimburse the Consumer Customer for the entire amount of the returned goods, including shipping costs where applicable, within 14 (fourteen) days from the date on which the communication of Withdrawal was received, without prejudice to the right of Maglio Energia S.A.S. di marina maglio e C. to suspend payment of the refund until the actual receipt of the goods in the case of purchase of Products. The refund will be made using the same payment method used by the Consumer Customer, unless the latter has expressly requested a different method. In the event of a bank transfer or payment with Maglio Energia S.A.S. di marina maglio e C. Gift Cards, the Consumer Customer, in compliance with the procedures set out in the following article 11, will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).

III. Also in order to guarantee free returns pursuant to the following article 8, the Products must be returned in the same box in which they were received, in perfect condition and in any case not altered in any way.

IV. Without prejudice to what is indicated elsewhere in these General Conditions, the Consumer's right of Withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:

- order of Products packaged to measure or clearly personalized;

- order of Products that risk deteriorating or expiring rapidly;

- order of sealed Products that are not suitable for return for reasons of hygiene or related to health protection or that have been opened after delivery.

With reference to the cases of exclusion of the right of Withdrawal listed above, the Consumer Customer, in particular, is informed and accepts that among the Products that "risk deteriorating or expiring rapidly" are included all food Products, as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to Maglio Energia S.A.S. di marina maglio e C. and put back on the market without health risks (such as books, gadgets, kitchen utensils, etc.).

The Customer is prohibited from returning any Product, in the absence of compliance with the combined provisions of Articles 7 and 8 of these General Conditions.

8. Free Return in case of exercising the right of withdrawal

As a more favorable condition for the Consumer Customer, Maglio Energia S.A.S. di marina maglio e C. fully bears the costs shipping costs for the return of the Products in the event of correct and timely exercise of the right of Withdrawal.

In order to benefit from such free shipping, the Consumer Customer who intends to exercise the right of Withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by the Customer Service Maglio Energia S.A.S. di marina maglio e C. to arrange the return of the Products to the courier that will be chosen directly by Maglio Energia S.A.S. di marina maglio e C.. It is understood that it is the Consumer's precise obligation to provide maximum availability and collaboration in the return of the Products.

The Consumer accepts from now that it is not possible to exercise the right of Withdrawal in relation to Products that are damaged or used, even only in part, by the Consumer.

The Consumer must insert a copy of the delivery document received inside the packaging box.

9. Warranty and lack of conformity

In the event of lack of conformity of Products sold by Maglio Energia S.A.S. di marina maglio e C. the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site via the “Customer Service” tab, all in compliance with the following article 11.

Legal guarantee for the Consumer Customer: the Consumer has the right to avail of the legal guarantee provided for by the Consumer Code itself in articles 128 to 132. This guarantee provides, among other things, that the Consumer, under penalty of forfeiture, reports to Maglio Energia S.A.S. di marina maglio e C. any lack of conformity found by the Consumer in the Product purchased within 2 (two) months of discovery (art. 132 of the Consumer Code). Following such report, the Consumer will have the right, at his choice and provided that the type of Product allows it, to the restoration, without charge, of the conformity of the Product through repair or replacement, or to an adequate reduction in price or termination of the contract. The Consumer will lose these rights if he does not report to Maglio Energia S.A.S. di marina maglio e C. the lack of conformity within two months from the date on which he discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this reduced term.

Beyond the two-year term, as better described above, Maglio Energia S.A.S. di marina maglio e C. will not, in any case, be responsible for the lack of conformity found by the Consumer. In the event of replacement or repair of the Product, the terms of the guarantee relating to the Product given in replacement or resulting from the repair are the same as the original Product; therefore, the overall two-year duration of the legal guarantee will in any case start from the delivery of the original Product. In order to benefit from the guarantee, the Consumer will in any case be required to show the tax documentation issued by Maglio Energia S.A.S. di marina maglio e C. at the time of purchase in accordance with the foregoing. In any case, for the regulation of the legal guarantee, please refer to the provisions of the Consumer Code referred to in Articles 128 and following.

Legal guarantee for the Professional: the Professional Customer has the right to avail of the legal guarantee provided for in the Civil Code. This guarantee provides, among other things, that the Professional, under penalty of forfeiture, reports to Maglio Energia S.A.S. di marina maglio e C. any lack of conformity found in the Products purchased within 8 (eight) days of discovery. The legal guarantee referred to above is valid for a maximum period of 12 (twelve) months from delivery of the Product. Beyond this period, Maglio Energia S.A.S. di marina maglio e C., therefore, will not be responsible for any lack of conformity found by the Professional Customer. In any case, in order to activate the guarantee, the Professional Customer must show the tax documentation issued by Maglio Energia S.A.S. di marina maglio e C. at the time of purchase in accordance with the foregoing.

10. Errors and limitations of liability

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 Maglio Energia S.A.S. di marina maglio e C. cannot be held responsible, except in cases of fraud or gross negligence.

Maglio Energia S.A.S. di marina maglio e C. reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Consumer Code.

Except in the case of fraud or gross negligence by Maglio Energia S.A.S. di marina maglio e C. ina maglio e C., the Customer is excluded from any right to claim and/or obtain from Maglio Energia S.A.S. di marina maglio e C. the compensation for damages or the recognition of an indemnity; furthermore, any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the failure to accept or fulfill, even partially, an order, is excluded from Maglio Energia S.A.S. di marina maglio e C. promotes the responsible consumption of alcohol and excludes any liability on its part, except in the case of fraud or gross negligence, in the event of purchases made by minors under 18 (eighteen) years of age. By purchasing any alcoholic product, the Customer declares to be of age as per art. 7 of Legislative Decree 158/2012. Maglio Energia S.A.S. di marina maglio e C. assumes no responsibility in the event of purchases made by minors under 18 who have declared that they are of a different age. The delivery of alcoholic beverages is permitted only within the territory of the Italian Republic.

In any case, Maglio Energia S.A.S. di marina maglio e C. assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet network.

11. Communications

Any communication, other than those provided for the Withdrawal or in any case for which, in these General Conditions, a different method is provided, must be forwarded to Maglio Energia S.A.S. di marina maglio e C. using the specific contact form accessible directly on the Site via the “Customer Service” tab, or by calling the Tel Number: 3668633533, active from Monday to Friday, from 9.00 to 17.00, excluding holidays, or by registered mail to the following address:

attention: Communications Office

Maglio Energia S.A.S. di marina maglio e C.

Via fontanelle, 74 – 84025 Eboli SA

TEL: +393336108752

P.iva 05319000658

Maglio Energia S.A.S. di marina maglio e C. undertakes to respond to all requests received within a maximum of 7 working days.

Customer Service communicates and accepts communications exclusively in Italian.

12. Online resolution of consumer disputes (ODR)

If the Customer is a Consumer resident in the EC, he/she may use a tool dedicated to alternative dispute resolution, pursuant to Legislative Decree 28/2010. To access the relevant platform click here.

13. Applicable law and competent court

The sales contract between the Customer and Maglio Energia S.A.S. di marina maglio e C. is understood to be concluded in Italy and regulated exclusively, with prior waiver of the application of any other legislation, by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or in any case relating to individual sales contracts and/or in any case to individual purchase orders:

Where the Customer is a Consumer, the court of the municipality of residence or domicile of the Consumer shall have exclusive jurisdiction, provided that the Consumer is located in the territory of the Italian Republic;

In all other cases, the territorial jurisdiction is exclusively that of the Court of Salerno, any other competent court excluded.

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Pursuant to article 1341 of the Italian Civil Code, the Customer declares to have read and specifically accept the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors - exclusions of liability).