Terms & Conditions

GENERAL CONDITIONS

1. INTRODUCTION

This document (together with the documents referred to therein) contains the conditions that regulate the use of this website (Cucinama) and the purchase of the items contained therein (hereinafter the “ Conditions ”).

Please read these Terms carefully, including those additional terms and conditions, the Cookie Policy and the policies on Personal Data Protection referred to herein and/or available by hyperlink (hereinafter jointly the “ Data Protection Policies ”), before using this website. We inform you that the use of this website or the transmission of an order through it, implies acceptance of such Terms and the Data Protection Policies connected thereto, so if you do not accept all of the aforementioned Terms and Data Protection Policies, you may not access the website or use any of its services.

These Terms and Privacy Policies apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

For any request, doubt or question regarding the Conditions and Data Protection Policies, you can contact us at our email address info@cucinama.com.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page.

2. OUR DATA

The sale of products through this site is managed by CUCINAMA with registered office in Omegna, Via A.Grandi 16, 28887, CF and VAT number 01069380036, email address info@cucinama.com, contact details available in the “contacts” section of this site.

3. PERSONAL INFORMATION AND ACCESS TO OUR WEBSITE

The information or personal data provided by the user will be treated in accordance with the Data Protection Policies. By using the website, the user authorizes us to process such information and personal data and declares that all information and/or personal data provided are accurate and truthful.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material provided on this website is at your own risk.

4. USE OF OUR WEBSITE

By using the website and/or placing orders through it, you agree to:

• use the website exclusively to make legally valid inquiries or orders;
• not to place any false or fraudulent orders, nor to violate any laws in your jurisdiction (including but not limited to copyright laws). If we have reasonable grounds to believe that such an order has been placed, this will result in immediate termination of services and the relevant authorities will be notified;
• provide us with your email address, postal address and/or other personal information in a truthful and accurate manner. Likewise, you consent to our use of this information to contact you (if necessary, please see the Privacy Policy).

If you do not provide all the necessary information, your order will not be completed. By placing an order through this website, you warrant that you are of legal age (18 years or older) and have the legal capacity to enter into binding contracts, or that you have given your consent for any of your minor dependents to use this website.

5. SERVICE AVAILABILITY

The items offered through this website are available exclusively for delivery in Italy and Europe.

6. METHODS OF PERFECTION OF THE CONTRACT

The information in these Conditions and the details contained on this website do not constitute an offer to the public, but rather a mere invitation to submit a contractual proposal. No contract will exist between you and us in relation to any products until your order has been explicitly accepted by us. If your proposal is not accepted and you have already been charged, this sum will be refunded to you in full.

To place an order, you will need to follow the online purchasing process by selecting the product, adding the product to your cart, starting the checkout phase and proceeding with payment. If the transaction is successful, you will be sent an email confirming receipt of your order (the “ Order Confirmation ”). It is understood that this will not imply acceptance of your order as it constitutes an offer that you make to us for the purchase of one or more products, therefore reserving the right to refuse the order. Once the order has been approved, you will be informed by sending an email confirming that the order is being shipped (the “ Shipping Confirmation ”), during which you can be traced via a tracking number of the courier who has taken charge of the order. The details of the order will be summarised in the order confirmation sent by email. The contract for the purchase of a product between us and you (the “ Contract ”) will be deemed to be concluded only when you receive the Shipping Confirmation that we will send to you.

Only the products listed in the Shipping Confirmation will validly form the subject of the Contract. We will not be obliged to supply you with any other products which have not been ordered until we have confirmed in the Shipping Confirmation that such products have been dispatched.

7. PRODUCT AVAILABILITY

All orders for products are subject to availability. If there are supply problems or items are not in stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value, which you may decide to order. If you do not wish to place an order for such substitute products, all amounts already paid by you will be promptly refunded.

8. REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and/or to remove or edit any material or content on this website. Although we will always make every effort to process all orders, there may be exceptional circumstances which require us to refuse to process orders after we have sent you an Order Confirmation, and we reserve the right to do so at any time. We will not be liable to you or any third party for removing any product from this website, for removing or editing any material or content on this website, or for failing to process your order after we have sent you an Order Confirmation.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

9. DELIVERY

Without prejudice to the provisions of Article 7, except in the case of extraordinary circumstances, we undertake to do everything in our power to send the order for the product(s) indicated in the relevant Shipping Confirmation by the date specified therein. If no delivery date is specified, we will do our best to deliver the order within the time frame estimated at the time of purchase, simultaneously with the selection of the delivery method and, in any case, within the maximum term of 30 days from the date of the Order Confirmation.

However, delays may occur for various reasons such as product customization, unforeseen circumstances or the delivery area.

If for any reason we are unable to meet the delivery deadlines, we will inform you and give you the options of continuing your purchase by setting a new delivery date, or cancelling your order and receiving a full refund.

For the purposes of these Conditions, “delivery” shall be deemed to have occurred or the order “delivered” through the acquisition, by you or a third party indicated by you, of the material availability or in any case of control of the products, which shall be proven by signing the order receipt at the agreed shipping address.

If we are unable to deliver your order, we will try to find a safe place to leave it. If this is not possible, your order will be sent to our warehouse. In this case, we will leave you a notice specifying the location of your order and how to arrange a new delivery. If you are unable to be present at the agreed delivery location at the agreed time, we ask you to contact us again to arrange a new delivery date.

If delivery cannot take place for reasons beyond our control, we will also contact you by email and/or SMS and, if after 14 days from the date on which your order is available for delivery, the order has not been collected and/or you have refused collection, we will assume that the order should be considered abandoned. For further information, please contact us via the contact information indicated in this document and/or on our website.

10. PRE-ORDERS AND MIXED ORDERS

Through this website, where applicable, you can pre-order some products, to which all these general conditions of purchase apply. We inform you that, in general, the estimated delivery time of your pre-order may include longer terms than a normal order, without prejudice to the maximum term of 30 days from the date of the Order Confirmation. The order containing products relating to a pre-order (“ Mixed Orders ”) may be delivered in different solutions; therefore, you may receive the products referred to in the Mixed Orders separately in separate periods, for which individual Shipping Confirmations will be sent. Please note that in the event of a return, the term granted to you begins to run from the physical acquisition of each product, taking into account the relevant Shipping Confirmation, pursuant to Article 14.

 

11. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

The risk in the products will pass to you from the moment of their delivery. You will acquire ownership of the products as soon as we have received full payment of all sums due in relation to them, including delivery charges, or at the time of delivery (as defined in article 9 above), if this occurs at a later time.

12. PRICE AND PAYMENT

The price of the products will be as quoted on our website from time to time, except in the case of obvious error. Although we make every effort to ensure that all prices appearing on the site are accurate, errors may occur. If we discover an error in the price of any products you have ordered, we will inform you promptly and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be cancelled and you will be refunded the full amount paid. Where errors relate to product descriptions, promotions, offers, shipping charges, transit times and availability, we reserve the right to correct, update information or cancel orders due to inaccurate information at any time.

We will not be obliged to supply you with the product(s) at the incorrectly stated lower price (even if we have already sent you the Dispatch Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognised as such by you.

Prices on the website include VAT, but exclude shipping costs, which must be added to the total amount to be paid.

Prices may change at any time; however, such changes will not affect orders for which we have already sent an Order Confirmation (except as previously stated).

You can pay with Visa, Mastercard, American Express credit and debit cards, via PayPal and via Apple Pay and Google Pay. By proceeding with the purchase you confirm that the credit card is yours.

To reduce the risk of unauthorized access, your card details will be encrypted. Once we receive your order, we will pre-authorize your credit card to ensure that you have sufficient funds to complete the transaction. Your card will be charged when the payment is successful. If your chosen payment method is PayPal, your card will be charged when you confirm your order.

Credit cards will be subject to verification and authorisation by the card issuer, but if payment is not authorised by that issuer, we will not be liable for any delay or failure to deliver and we will not be able to enter into any Contract with you.

13. VAT

 

In accordance with the legislation in force, each purchase made through the website will be subject to Value Added Tax (VAT).

14. RETURN/EXCHANGE POLICY

If you complete the Contact as a consumer, you will have the right to withdraw from the Contract within a period of 14 days without having to provide any reason. This withdrawal period starts from the day on which you, or a third party, other than the carrier and designated by you, acquires physical possession of the goods. To exercise the right of withdrawal, you must inform us by writing to info@cucinama.com and to exercise this right it is sufficient for you to send the communication relating to the desire to withdraw from the Contract before the expiry of the withdrawal period.

If you withdraw from the Contract, we will reimburse to you all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) net of the costs of return shipping, without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from the Contract. The reimbursement will be made using the same means of payment as you used for the initial transaction. Without prejudice to the foregoing, the reimbursement may be withheld until we have received the goods back or until you have demonstrated that you have sent back the goods, whichever is the earliest.

Please return the goods to the sender promptly and no later than 14 days after the communication of the exercise of the right of withdrawal from the Contract. To consider the deadline respected, it is required that you send it back before the expiry of the indicated period of 14 days. For the shipping address of the requested return, contact info@cucinama.com .

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

You will not be able to exercise the right of withdrawal from the Contract which has as its object the supply of one or more of the following products:

• Personalized items;
• Sealed goods which are not suitable for return for hygiene reasons and which have been opened after delivery.

Your right to withdraw from the Contract applies only to products returned in the same condition in which you received them. Please note that, in the event of a return, you are responsible for the contents of the returned package. No refund will be made, regardless of the return options chosen, if: i) the package received contains an incorrect item and/or different from the product ordered or to be returned, ii) the product has been used beyond simple opening, and iii) the products are not in the same condition in which they were delivered or if they have been damaged. We therefore invite you to pay attention during the return process and to take care of the products while they are in your possession and available. Please return the item using or including in the package the original packaging, instructions and other documents, if any, that accompany the products.

If there is an error regarding the contents of the returned package, we reserve the right to charge you for the transport costs if it is possible to manage and return the received package to your attention.

In the event that you believe that at the time of delivery the product does not appear to be compliant with the provisions of the Contract, you must immediately contact us via the specific email address indicated on our website, providing us with the product data and the damage suffered, and we will inform you of the procedure to follow. To allow us to carry out checks on the item, you must return it to the address indicated in the electronic document received via email together with the Shipping Confirmation. In the event of a lack of conformity of the item, we will propose the replacement of the product or the refund (depending on the case), unless you request otherwise, provided that this is objectively possible and/or not excessively onerous for us pursuant to the applicable legislation. The refund of the sums or the replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we confirmed to you that we will proceed with the refund or replacement of the unsuitable item, without any costs to you.

The amount paid for products that will be returned due to damage or defect, if actually existing, will be refunded in full, including the delivery costs incurred for sending the item and for the return by you, provided that the product has not been worn or used and damaged. The refund will be made via the payment method used to make the purchase, unless otherwise agreed. All rights recognized to consumers by current legislation remain intact.

15. LEGAL GUARANTEE

The products sold through this website are covered by the mandatory legal guarantee provided by law in favor of consumers, to cover any lack of conformity existing at the time of delivery of the goods. The legal guarantee covers any lack of conformity present at the time of delivery of the goods or which become apparent within two years of delivery. A lack of conformity exists, for example, if the product purchased by you: (i) does not correspond to the description provided and does not possess the qualities presented on this website; (ii) is not suitable for the use for which products of the same type are normally intended; (iii) does not have the qualities and characteristics that can reasonably be expected, taking into account the nature of the goods and, if applicable, the specific characteristics presented. To the extent permitted by law, we exclude all additional and derogable guarantees, except those that cannot be legitimately excluded with respect to consumers and users. In the event of a lack of conformity, in the cases and terms provided for by applicable law, you have the right to have the goods brought into conformity, if possible, or to the remedies provided for, without charge to you.

If you believe that one or more products purchased have defects of conformity, we invite you to contact us at the references indicated on our website and we remind you that it is necessary to make the goods available to us.

16. RESPONSIBILITY AND DISCLAIMER

Except as otherwise provided in these Terms, our liability in relation to products purchased on our website will be limited solely to the purchase price of the product in question.

Without prejudice to the above, our liability is neither excluded nor limited in the following cases:

• Cases of death or personal injury resulting from our negligence;
• Instances of fraud or fraudulent activity; or
• Any circumstances in which it would be illegal or unlawful for us to exclude, limit or attempt to limit or exclude our liability.

Without prejudice to the preceding paragraph and to the extent permitted by applicable law, and unless otherwise provided in these Terms, you expressly agree that your use of or inability to use the products is at your sole risk, and we will not accept any liability for direct or indirect damages, including, but not limited to:

• loss of profit;
• loss of turnover;
• loss of profits or loss of contracts;
• loss of expected savings;
• data loss; as well as
• waste of office administration time.

By proceeding with the purchase, you agree to have read and understood the materials used to make our products and you assume responsibility for any allergic reactions resulting from them.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website, unless expressly stated otherwise. These provisions do not limit in any way the rights recognized to consumers by current legislation.

17. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the materials or content presented as part of the website are owned by us or our licensors. You may only use such materials in the manner in which you receive express permission from us or our licensors. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

18. VIRUSES, PIRACY AND OTHER RISKS OF CYBER ATTACK

You must avoid any misuse of this site and the introduction of viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. Without authorization, you must not access the website, the server on which it is hosted, or other servers, computers or databases connected to our website. You undertake not to carry out DoS attacks against this website. Failure to comply with this clause may constitute a violation of current legislation. In the event of failure to comply, we will inform the competent authorities and collaborate with them to identify those responsible for the attack.

Furthermore, if you fail to comply with this provision, your authorization to use the website will be immediately revoked. To the maximum extent permitted by applicable law and respecting the fundamental rights of consumers, we decline all liability for any damage or loss resulting from a denial of service attack, viruses or other programs or materials that may cause technological damage to your computer, computer equipment, data or materials as a result of using our website, downloading content from it or redirecting you to it.

19. LINK FROM OUR WEBSITE

Where our site contains links to other pages or materials of third parties, these links are provided for information purposes only, without our control over the content or materials on such pages or sites. Therefore, we decline any responsibility for any damage or loss arising from their use.

20. WRITTEN COMMUNICATIONS

Under applicable law, some information or communications that we send to you must be in writing. By using this website, you agree that most communications between us will be in electronic form. We will contact you by email or by special notices posted on this website. By using this electronic means of communication for contractual purposes, you agree that all contracts, notices, information and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing. This provision does not limit in any way your rights under applicable law.

If, at our request or without a specific request, you send suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the related website. You may not use a false e-mail address to pretend to be someone other than yourself in order to mislead us or third-parties as to the origin of any comments. We take no responsibility and assume no liability for any comments posted by you or any third-party.

21. NOTIFICATIONS
    It is preferable that all communications to us be sent through the contact details set out in this document and on our website. However, except as specified in Clause 20, we reserve the right to send communications to you or to the address provided when placing your order. Communications will be deemed to have been received and properly served when posted on our website, 24 hours after being sent by email or three days after the date of posting. In proving that a communication has been served, it will be sufficient to provide evidence that, in the case of a letter, it was properly addressed, stamped and delivered to the postal service, or in the case of an email, that it was sent to the recipient's email address.

 

22. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding not only on us but also on our respective successors and those who acquire our rights and obligations. You may not transfer or assign the Contract, or any of your rights or obligations arising under it, without our prior written consent. However, we may transfer, assign, sub-contract or otherwise dispose of the Contract or any of your rights and obligations arising under it in any way at any time. It is important to make clear that any transfer, assignment, sub-contract or other form of disposal of the Contract will not have any impact on your rights as a consumer. Furthermore, it will not reduce, limit or otherwise affect any warranties or liabilities we give, whether express or implied.

23. FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“ Force Majeure Event ”). A Force Majeure Event means any circumstance, event, non-happening, omission or accident beyond the reasonable control of any person, and includes, but is not limited to, the following:

• strikes, lockouts or other industrial action,
• fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters,
• inability to use public or private telecommunications networks,
• acts, decrees, laws, regulations or restrictions of any government.
• any strike, disaster or accident involving maritime, postal or other significant means of transport.

It is understood that the performance of the obligations of this Agreement will be suspended for the duration of the Force Majeure Events. We will be granted an extension of time to perform the Agreement equal to the duration of such period. It is understood that, even during the Force Majeure Events, we will endeavor to find a solution by which to comply with our contractual obligations.

24. WAIVER

If during the execution of the Contract we do not explicitly require the complete fulfillment of one of your obligations or those provided for in the General Conditions, this does not mean that we waive such rights or actions, nor that you are exempted from fulfilling your obligations. Our tolerance of a possible non-fulfilment by you does not imply a waiver to react to future non-fulfilments. Any waiver by you regarding one of your obligations under the Contract or the General Conditions will be valid only if communicated in writing, in accordance with the provisions of the previous articles 20 and 21.

25. PARTIAL INVALIDITY

If any part of the Terms and Conditions or the Contract is held to be invalid, unlawful or unenforceable by a competent authority, that part shall be deemed invalid. However, the other provisions shall remain in force to the fullest extent permitted by law. Therefore, the invalidity of a clause shall not affect the validity or enforceability of the other remaining provisions.

26. INTEGRITY OF THE CONTRACT

These Terms and Conditions, together with any documents expressly referred to in them, constitute the entire agreement between you and us relating to the subject matter of the Contract and supersede any prior agreements, whether oral or written. We both acknowledge that in entering into the Contract, neither you nor we have based our decision on any representation, undertaking or promise made by the other party, nor on anything said or written in negotiations prior to the Contract. We rely only on what is clearly stated in these Terms and Conditions. We shall each be entitled to take action to remedy any untrue statement made by the other party, whether orally or in writing, prior to the date of the Contract, unless such untrue statement was made fraudulently. The only action permitted will be for breach of the Contract, as specified in these Terms and Conditions.

27. RIGHT TO MODIFY THESE TERMS

We reserve the right to update and modify these Terms at any time. The General Conditions in force at the time of your order will apply, unless a change to the General Conditions or the Data Protection Policies is required by law or at the request of a government authority (in which case, the new Conditions will also apply to orders already placed).

It is your responsibility to check our website periodically for changes. Your continued use of or access to such website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

28. APPLICABLE LAW AND JURISDICTION

The use of our website and the purchase contracts of products through it are subject to Italian law. Any dispute arising from the use of the website or from such contracts will be under the jurisdiction of the Judge of the place of residence or domicile of the consumer. If you enter into the Contract as a consumer, this clause will not limit in any way the rights that are guaranteed to you by law as a consumer.

29. REQUESTS, COMPLAINTS AND EUROPEAN PLATFORM FOR ONLINE DISPUTE RESOLUTION WITH CONSUMERS (ODR)

For any comments, suggestions, requests for information or complaints, please contact us using the customer service channels indicated on our website. Our customer service will handle the requests and complaints received as quickly as possible and, in any case, within the terms established by law. If, as a consumer, you believe that your rights have been violated, you can send your complaints to us at the email address info@cucinama.com to seek an extrajudicial solution to the dispute. In this regard, and in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an extrajudicial resolution of disputes relating to orders placed through this website using the European ODR (Online Dispute Resolution) platform http://ec.europa.eu/consumers/odr provided by the European Commission for the extrajudicial resolution of disputes arising from contracts for goods and services concluded online between consumers and professionals.

Information update: 21/10/24