GENERAL CONDITIONS OF SALE
Sales contracts stipulated on the http://www.mamapickups.com website (hereinafter "Eshop") are concluded with"MAMA pickups di Roberto Malerba" via Pablo Neruda, 15 - 47865 San Leo (RN) ITALY- P.IVA: 04175030404 (hereonin "MAMA pickups").
Products will be invoiced at the prices indicated in the Eshop when the order is confirmed. MAMA pickups will do everything possible to avoid changing the prices stated in the catalogue, while reserving the right to modify said prices at any time, even without prior notice and without specifying the motives for the decision.
Orders shall be considered correctly placed if Eshop does not produce any error messages, and the contract shall be considered to be concluded when the order is received by MAMA pickups Orders may also be immediately performed by MAMA pickups without the need for formal acceptance.
Products will be delivered according to the transport conditions and prices indicated in the "Shipping" page of the Eshop, unless a different delivery service is specifically requested by the Client. Should MAMA pickups believe that the delivery times indicated may not be met, MAMA pickups will inform the Client of the product's new delivery terms, without any responsibility to the Client. The Client shall confirm these terms within 3 (three) days of MAMA pickups's communication. Unless otherwise agreed, the delivery will be made to the address specified by the Client in the order. The Client undertakes to refuse delivery of damaged packages by the courier and immediately inform MAMA pickups in detail. The Client undertakes to accurately examine the goods on delivery and inform MAMA pickups of any visible or apparent defects or present any other reclaims within 10 days of delivery. The Client may also report any non-apparent defects found within 2 years of delivery, on the condition that the claim is made within 8 days from discovering the defect (in accordance with Article 1495 of the Italian Civil Code).
MAMA pickups undertakes to substitute or repair the products provided or, at MAMA pickups's discretion, reimburse the price if defects are found despite correct and diligent use by the Client. The Client must send a detailed description of these defects in writing to MAMA pickups within 24 months of delivery. The products in question must then be suitably packaged and returned to MAMA pickups within the period of time specified in the paragraph above, at the Client's expense. The returned products must be accompanied by a note describing the defect and any other information indicated or requested by MAMA pickups either when supplied or subsequently. All products substituted by MAMA pickups will become the exclusive property of MAMA pickups.
All descriptions and illustrations in the catalogue or in any other of MAMA pickups's sales documents have the sole aim of providing the Client a general description of the products and do not constitute part of the contract between MAMA pickups and the Client. In any case, MAMA pickups reserves the right to cease offering any product or modify product details at any time, even without prior notice and without the need to specify the motive for said decision. The dimensions and other physical characteristics of the product are subject to normal commercial tolerances. It is the Client's responsibility to verify the suitability of the product for its intended use before purchase.
PAYMENT AND EXPRESS TERMINATION CLAUSE
The following methods of payment will be accepted:
a) Credit Card;
b) by PayPal.
Any other form of payment from the above must be agreed in writing with MAMA pickups before placing the order. For online purchases, confidential data shall exclusively be entered on the secure PayPal site. No information relating to the credit card shall transit on our Eshop site. All payments shall be made to MAMA pickups, and may not be refunded, discounted or reclaimed by the Client. Should the Client fail to pay the amount due, the contract shall automatically be terminated in accordance with Article 1456 of the Italian Civil Code. Should payment not be made within the agreed period, MAMA pickups nonetheless reserves the right to apply default interest as set out in Article 5 of Legislative Decree no.231 dated 9 October 2002, without prejudice to MAMA pickups's right to request compensation for any additional damages, in addition to reimbursement for all credit recovery costs and expenses sustained, including any legal expenses.
Should the performance of the orders by MAMA pickups be impeded or prevented by force majeure, by act of providence or due to the impossibility to procure the services, materials or articles necessary to complete the order, unless at a higher price, MAMA pickups may delay sending the order. In this case, the Client may cancel all or part of the order with MAMA pickups within 3 days of being informed of the delay. In no case shall MAMA pickups be held responsible for the delay or cancellation or for the impossibility of performing the delivery.
All disputes regarding these general conditions of sale shall come under the exclusive jurisdiction of the Court of Rimini.