Terms of service

OVERVIEW

Welcome to MAMe Ingrosso! The terms "we," "us" and "our" refer to M.A.Me snc di Marco Melzi & C. (hereinafter also "MAMe Ingrosso"). MAMe Ingrosso operates this store and website, including all related information, content, features, tools, products and services, in order to offer you, as a customer, a curated shopping experience (the "Services"). MAMe Ingrosso is Powered by Shopify, which enables us to provide the Services to you.

The terms and conditions set out below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms carefully, as they include important information about your legal rights and cover matters such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not use or access our Services.

SCOPE OF APPLICATION: CONSUMER CUSTOMERS AND PROFESSIONAL/B2B CUSTOMERS

MAMe Ingrosso sells to both consumer customers (individuals purchasing for purposes unrelated to their trade, business, craft or profession) and professional/reseller customers with a VAT number ("B2B" customers).

The protections provided by the Italian Consumer Code (Legislative Decree 206/2005) — including the right of withdrawal, the legal conformity guarantee in the enhanced terms provided for consumers, and the rules on unfair contract terms — apply exclusively to purchases made as a consumer. Purchases made by B2B customers within their business activity are governed by these general terms, unless different commercial terms have been specifically agreed in writing between the parties, which in the event of conflict prevail over these general terms.

SECTION 1 - ACCESS AND ACCOUNT

By accepting these Terms, you represent that you have reached the age of majority in your State or Region of residence, and that you have given us your consent to allow any of your minor household members to use the Services on devices you own, purchase or otherwise manage.

To use the Services, including browsing or accessing our online stores or purchasing any product or service we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide to our store is truthful, accurate and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign or license your account to any other party.

SECTION 2 - OUR PRODUCTS

We have made every effort to accurately display our products in our online stores. Please note that colours or the appearance of products may differ from how they appear on screen depending on the device used to access the store and its display settings.

None of the above in any way affects the legal conformity guarantee to which consumer customers are entitled under Articles 128 et seq. of the Italian Consumer Code, as set out in our Refund Policy.

All product descriptions are subject to change at any time without notice, at our sole discretion, without prejudice to orders already placed and confirmed. We reserve the right to discontinue any product at any time, and may limit the quantities of any product offered to any person, geographic area or jurisdiction, on a case-by-case basis, in compliance with applicable law.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. MAMe Ingrosso reserves the right to accept or decline your order for legitimate reasons (for example, product unavailability, an obvious pricing error, or suspected fraud), at its sole discretion. Your order is not accepted until MAMe Ingrosso confirms its acceptance; we will nonetheless promptly acknowledge receipt of your order pursuant to Article 51 of the Italian Consumer Code. Payment must be received and processed before an order is accepted. Please check your order carefully before submitting it: once accepted, changing the order may not be possible, without prejudice to the right of withdrawal available to consumer customers. If an order is not accepted, is changed or is cancelled, we will attempt to notify you using the email address, billing address and/or phone number provided at the time of order.

Purchases made by consumer customers are subject to return or exchange in accordance with our Refund Policy, which also governs the right of withdrawal.

If you purchase as a consumer, you represent that the purchase is intended for personal or household use. If you purchase as a professional or VAT-registered holder for resale purposes, the purchase is deemed to be made within the scope of your business activity, and the consumer protections referred to in these Terms (including the right of withdrawal) do not apply, unless otherwise agreed in writing between the parties.

SECTION 4 - PRICING AND BILLING

Prices, discounts and promotions are subject to change without notice, without prejudice to the confirmed price for orders already accepted. The price charged for a product will be the one in effect at the time the order is submitted, and will be shown in the confirmation email. Unless expressly stated otherwise, prices published for consumer customers include VAT; shipping costs, handling fees and any customs charges are shown separately before the order is completed. For B2B customers, any agreed pricing terms apply (VAT excluded/included, dedicated price lists).

Prices published on this site may differ from those applied in physical stores or on other sales channels operated by MAMe Ingrosso, each governed by its own contractual terms, as well as from prices applied to B2B customers under dedicated commercial terms. Any promotions are governed by specific terms and conditions which, in the event of conflict, prevail over these Terms.

You agree to provide current, complete and accurate purchase, payment and account information. You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are authorised to use the payment method provided, and (iii) charged amounts will be honoured and paid at the published prices, including shipping costs and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times shown are estimates and are not guaranteed. We are not responsible for delays caused by the courier, customs procedures, or events of force majeure.

For consumer customers, the risk of loss or damage to products passes to you at the time you, or a third party designated by you other than the carrier, take physical possession of the goods — pursuant to Article 61 of the Italian Consumer Code. If you have arranged for a carrier other than the one we propose, risk passes upon delivery to the carrier you have chosen.

For B2B customers, unless otherwise agreed in writing, risk passes upon delivery of the product to the carrier responsible for shipping.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including trademarks, text, display elements, images, graphics, product reviews, video and audio, as well as their design, selection and arrangement, are owned by MAMe Ingrosso, its affiliates or its licensors, and are protected under applicable Italian, European and international intellectual property law.

These Terms permit you to use the Services solely for personal, non-commercial use (except for B2B customers, in connection with their resale of purchased products, which does not in any case include use of the Site's intellectual property materials beyond what is necessary for such resale). You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material on the Services without our prior written consent. Nothing herein grants any licence or right in any patents, trademarks, copyrights or other intellectual property rights of MAMe Ingrosso, Shopify or third parties, except as expressly provided. All rights not expressly granted in these Terms are reserved.

MAMe Ingrosso's names, logos, product and service names, designs and slogans are trademarks of MAMe Ingrosso or its licensors. You may not use them without our prior written consent. The Shopify name, logo and trademarks are owned by Shopify. All other names, logos and trademarks on the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to third-party tools offered as part of the Services, which we do not monitor and over which we have no control or influence. We provide access to such tools "as is" and "as available," without warranties of any kind. Your use of optional third-party tools is at your own risk; please review the relevant third-party provider's terms. Any new features made available in the future will be considered part of the Services and subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for the content or accuracy of any third-party materials or sites. If you access such sites, you do so at your own risk. We are not liable for any harm connected with accessing third-party sites or purchasing products/services from them. Complaints regarding third-party products and services should be directed to that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

MAMe Ingrosso is supported by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our store are made directly with MAMe Ingrosso. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and MAMe Ingrosso, including any damages, injuries or losses arising from the products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liability arising from or related to your purchases and transactions with MAMe Ingrosso.

SECTION 10 - PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, and certain personal data may also be subject to the terms of Shopify's Privacy Policy. By using the Services, you acknowledge that you have read this policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in a country other than the one in which you reside, in order to provide you with the Services — in compliance with the GDPR and applicable law.

SECTION 11 - FEEDBACK

If you submit ideas, suggestions, feedback, reviews or proposals ("Feedback"), you grant us a free, non-exclusive licence to use, reproduce, modify, publish and distribute such Feedback in order to operate, provide and improve the Services. You represent and warrant that you hold the necessary rights to the Feedback provided, and that it does not infringe third-party rights or contain unlawful content. We are under no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it. We may monitor, edit or remove Feedback that we consider unlawful, offensive or infringing on the rights of others.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information on the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping costs, transit times and availability. We reserve the right to correct any such errors and to update information at any time. If an order has already been accepted based on a clearly erroneous price, we will contact you before proceeding, offering you the option to confirm the order at the correct price or to cancel it with a full refund.

SECTION 13 - PROHIBITED USES

You may access and use the Services solely for lawful purposes. You may not, directly or indirectly: (a) use the Services for any unlawful or harmful purpose; (b) violate any local, national or European law or regulation; (c) infringe our intellectual property rights or those of any third party; (d) harass, threaten or harm other users or our staff; (e) transmit false or misleading information; (f) send unsolicited advertising material, spam or chain letters; (g) impersonate any other person or entity; (h) engage in conduct that harms MAMe Ingrosso, Shopify or users of the Services.

In addition, you agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate or commercially exploit any part of the Services beyond what is permitted herein; (c) collect other users' personal data; (d) engage in phishing, pharming or pretexting; (e) use bots, scrapers or automated tools (including artificial intelligence tools) to access the Services without authorisation; (f) circumvent security or authorisation measures. We reserve the right to suspend or terminate your account in the event of a breach of these Terms.

SECTION 14 - AGENTS

This section applies if you use, permit or enable an Agent (software that performs autonomous or semi-autonomous actions on your behalf) to access the Services. No Agent may access the Services unless it clearly identifies itself as such (via a user-agent string "Agent/[agent name]" in HTTP/HTTPS requests), without concealing its automated nature, while responding truthfully to any verification requests, and without circumventing measures put in place to control automated access to the Services. We may restrict or block Agent access at any time.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, at our discretion and in compliance with applicable law, in the event of a breach of these Terms; you will remain liable for all amounts due up to and including the date of termination. Termination does not affect orders already confirmed, nor rights already accrued (for example, the right of withdrawal on pending orders, or the legal guarantee on products already purchased).

Even after termination, the following sections remain in effect: Intellectual Property, Feedback, Termination, Warranty Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive.

SECTION 16 - WARRANTY DISCLAIMERS

Information presented on the Services (editorial content, general descriptions, informational material) is made available for general informational purposes, and we provide such content "as is," without any guarantee of absolute accuracy or completeness, to the maximum extent permitted by applicable law.

The following are in no way limited or excluded by this section:

• the legal conformity guarantee to which consumer customers are entitled on products purchased, pursuant to Articles 128 et seq. of the Italian Consumer Code, as set out in our Refund Policy;
• the right of withdrawal to which consumer customers are entitled pursuant to Articles 52 et seq. of the Italian Consumer Code;
• the mandatory rights granted to consumers under any other applicable law.

For B2B customers, unless otherwise agreed in writing, products are supplied in accordance with the terms agreed in the relevant business relationship, without prejudice to statutory obligations regarding product safety (EU Regulation 2023/988).

SECTION 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, MAMe Ingrosso shall not be liable for any indirect, incidental, special or consequential damages (including, without limitation, loss of profits or loss of data) arising from your use of the Services, except as set out in the following paragraphs.

The following are in any case excluded from this limitation, as they cannot be waived by law:

• liability for death or personal injury caused by wilful misconduct or gross negligence;
• liability for damage caused by defective products pursuant to Articles 114 et seq. of the Italian Consumer Code;
• consumer rights relating to the legal conformity guarantee and the right of withdrawal;
• any other liability that cannot be excluded or limited under applicable Italian or European law (Article 1229 of the Italian Civil Code; Articles 33-36 of the Italian Consumer Code).

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless MAMe Ingrosso, Shopify and their respective personnel from any third-party losses, damages or claims, including reasonable legal fees, arising from: (1) your breach of these Terms; (2) your violation of any law or third-party rights; (3) your use of the Services in violation of these Terms. We will notify you of any indemnifiable claims; we may control the defence of such claims at your expense, and will not settle any claim that imposes non-monetary obligations on you without your consent.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the unenforceable portion will be deemed severed, without affecting the validity of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise any right under these Terms does not constitute a waiver of that right. These Terms, together with any referenced policies (Refund Policy, Privacy Policy), constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements on the same subject matter, without prejudice to any specific commercial agreements with B2B customers. For consumer customers, in case of doubt as to the meaning of a clause, the interpretation most favourable to the consumer shall prevail, pursuant to Article 35 of the Italian Consumer Code. For B2B relationships, any ambiguities will not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not assign these Terms or your rights/obligations without our prior written consent; any attempt to do so is void. We may assign these Terms by notifying you, without this affecting your rights.

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms are governed by Italian law and applicable European regulations. Any dispute shall be subject to the exclusive jurisdiction of the Court of Bergamo, unless otherwise provided by mandatory consumer-protection law, under which the consumer always has the right to bring proceedings before the court of the place where they reside or are domiciled. Any more favourable provisions under the law of the country in which the consumer habitually resides remain unaffected, where applicable pursuant to Regulation (EC) No 593/2008 (Rome I).

SECTION 23 - HEADINGS

The headings used are included for convenience only and do not limit or affect the interpretation of these Terms.

SECTION 24 - CHANGES TO THE TERMS

You can review the current version of the Terms at any time on this page. We reserve the right to update the Terms by posting changes on our website. We will notify you of any material changes in accordance with applicable law; such changes will take effect from the date indicated. Continued use of the Services after changes are posted constitutes acceptance of those changes, without prejudice to rights already accrued on orders in progress.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms should be sent to info@mameingrosso.it.

MAMe Ingrosso — M.A.Me snc di Marco Melzi & C.
Via dell'Artigianato 37, 24046 Osio Sotto (BG), Italy
Phone 351 6850347 — Fax 035 4327192
Email: info@mameingrosso.it — PEC (certified email): mamesnc@pec.it
SDI Code: M5UXCR1 — Website: www.mameingrosso.it
Tax ID/VAT No.: 03633500164 — Bergamo Companies Register No. 395087
Customs and Monopolies Agency — Tax Warehouse Code BGPAD0007