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These Terms govern the
legally. Capitalized expressions are defined in the appropriate section of this document.
Please read this document carefully.
This Website is a service of:
FUTURA SRL
via batignanese, 40
Roselle (GR)
P.IVA: 01713860532
Email address of the Data Controller: info@mamashy.com
“This Website” refers to
Unless otherwise specified, the terms of use of this Website set out in this section are generally valid.
Further terms of use or access applicable in particular situations are expressly stated in this document.
By using this Website, you represent that you meet the following requirements:
To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. In this case, however, certain functions may not be available.
It is the responsibility of the Users to keep their access credentials securely and preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for any activity carried out with his login credentials.
Users are required to inform the Data Controller immediately and uniquely through the contact details indicated in this document if they believe that their personal information, such as the User account, the login credentials or personal data, have been violated, unlawfully disseminated or stolen.
You are free to close your account and cease using the Service at any time by following these steps:
The Controller reserves the right to suspend or cancel a User’s account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
Suspension or cancellation of the account does not give the User any right to compensation, refund or compensation.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may apply.
Unless otherwise specified or clearly recognisable, all content available on this Website is the property of or provided by the Owner or/or its licensors.
The Data Controller takes the utmost care to ensure that the content available on this Website does not violate the applicable legislation or third party rights. However, this is not always possible.
In such cases, without prejudice to the legally enforceable rights and claims, Users are requested to address their complaints to the addresses specified in this document.
The Data Controller expressly holds and reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the content in any way that is not necessary or implied in the proper use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transform, transfer/sell to third parties or create derivative works from the content available on this Website, to allow third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly stated on this Website, the User is entitled to download, copy and/or share certain contents available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work and the indication of any other relevant circumstances required by the Holder.
The limitations and exclusions provided for by copyright law remain unaffected.
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and agree that the Data Controller has no control over such resources and therefore is not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any grant of rights to content, are determined by the third parties themselves and governed by their terms and conditions or, in their absence, by law.
This Website and the Service may only be used for the purposes for which they are offered, under these Terms and in accordance with applicable law.
It is the User’s sole responsibility to ensure that the use of this Website and/or the Service does not violate the law, regulations or rights of third parties.
Therefore, the Data Controller reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, denounce any censorable activity carried out through this Website or the Service to the competent authorities – e.g. the judicial or administrative authority – whenever the User establishes or suspects that:
This Website allows Users to receive benefits if, thanks to their recommendation, a new User purchases a Product offered on this Website.
To take advantage of this opportunity, the User can invite friends to purchase Products on this Website by sending them a special code provided by the Owner. Each code can only be redeemed once.
If one of the persons invited to purchase a Product on this Website decides to redeem an invitation code, the User who invited it will receive the benefit or benefit (such as: a discount, an additional service, an upgrade etc.) indicated on this Website.
Invitation codes may only be applicable to certain Products offered on this Website.
The Data Controller reserves the right to terminate the offer at any time at its discretion.
Although there is no limit to the number of people who can be invited, the number of benefits or benefits that each User can receive for an equal number of redeemed invitation codes may be subject to a maximum limit.
Some of the Products offered on this Website as part of the service are subject to a fee.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.
In order to purchase the Products, the User must register or access this Website.
Prices, descriptions and availability of the Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented with the highest technically possible accuracy, representation on this Website by any means (including, as appropriate, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Every step, from the choice of the product to the order submission, is part of the purchase process.
The purchase process includes the following steps:
Sending the order involves the following:
All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.
During the purchase process and before placing the order, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Website:
The Holder may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.
Promotions and offers are always granted at the sole discretion of the Data Controller.
Repeated or periodic promotions or discounts do not constitute any claim or right that Users may exercise in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are intended to refer to the time zone of the Owner’s office, as indicated in the addresses in this document.
Promotions and discounts can be offered in the form of Vouchers.
In the event of a breach of the conditions applicable to Vouchers, the Data Controller may legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take action in the appropriate courts in order to protect its rights and interests.
Any additional or diverging provisions applicable to the use of the Vouchers on the relevant information page or on the Voucher itself shall prevail in any case, regardless of the provisions below.
Unless otherwise specified, the following rules apply to the use of Vouchers:
Details of accepted means of payment are highlighted during the purchase process.
Some means of payment are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of this Website.
The payment methods marked as such are managed directly by the Data Controller. The Data Controller collects and stores the data necessary for the management of payments and for compliance with related legal obligations. To receive further information on the processing of personal data and related rights, the User may refer to the privacy policy of this Website.
Other possible payment methods, if any, are provided independently by third party services. In such cases, this Website does not collect any payment information – such as credit card information – but receives a notification from the relevant third-party provider when the payment is successfully completed.
In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Data Controller is not obliged to execute the order. In the event that the payment fails, the Data Controller reserves the right to ask the User to refund any expense or related damage.
If you authorize the PayPal feature that allows future purchases, this Website will store an identification code linked to your PayPal account. Permission can be revoked at any time by contacting the Data Controller or by changing PayPal’s personal settings.
Permission can be revoked at any time by contacting the Data Controller or by changing PayPal’s personal settings.
Until receipt of payment of the full purchase price by the Owner, the User does not acquire ownership of the Products ordered.
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users must verify the contents of the package and promptly report any anomalies to the contact details shown in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery can take place in the following countries or territories: Italy.
Delivery times are indicated on this Website or during the purchase process.
The Data Controller is in no way liable for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurred after delivery to the carrier if the latter has been commissioned by the User.
In the event that the goods are not delivered or collected at the time or within the deadline, they will be returned to the Owner, who will contact the User to plan a second delivery attempt or agree on further measures.
Unless otherwise specified, any delivery attempt from the second will be at the expense of the User.
The delivery of certain Products, such as alcoholic beverages, restricted content, or the like, may be subject to the existence of additional conditions in the receiving person pursuant to applicable law, the Terms, or any other relevant document.
Upon delivery of such Products, Users may be required to provide evidence or substitute statements regarding the existence of such conditions – for example, be deemed to be of legal age under applicable law.
Failure to comply with the statutory or contractual conditions may prevent delivery of the Products.
Unless an exception is made, you may have the right to terminate the contract within the period specified below (normally 14 days) for any reason and without justification. You can find more information about the right of withdrawal in this section.
If one of the exceptions listed below does not apply, Users acting as European Consumers have the right by law to terminate contracts concluded online (distance contracts) within the time period specified below for any reason and without need of justification.
Users who do not meet these requirements do not have the rights described in this section.
To exercise the right of withdrawal, the User must send the Data Controller an unequivocal notice of his intention to withdraw from the contract.
For this purpose, the User can use the type withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.
When does the withdrawal period expire?
In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by him and other than the courier -takes possession of the goods.
In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of several lots or pieces delivered separately the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by these and other than the carrier – takes possession of the last of property, lots or pieces.
The Data Controller reimburses all payments received, including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will remain at the expense of the User.
The refund takes place without undue delay and in any case within 14 days from the day on which the Data Controller was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment used for the initial transaction. The User shall not incur any costs as a result of the withdrawal.
Unless the Data Controller has offered to collect the goods, the User is obliged to return them to the Data Controller or to another person authorized by him to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is met if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The refund can be retained until the goods are received or until the User has provided proof of having returned them.
The User is liable for the decrease in the value of the goods resulting from a use of the goods other than that necessary to determine the nature, characteristics and functioning of the goods.
The return shipping costs are borne by the User.
There is no right of withdrawal from contracts:
Under European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality or characteristics for at least two years from the time of delivery to the buyer.
If Users act as European Consumers, the legal guarantee of conformity of the goods applies to items available on this Website in accordance with the laws of the country in which they habitually reside.
The national laws of that country may grant such Users wider rights.
Consumers who do not act as European Consumers could enjoy rights to guarantee compliance under the law of the country in which they habitually reside.
The User undertakes to indemnify and hold harmless the Owner and its subordinates, affiliates, officials, agents, joint proprietors of the trademark, partners and employees of any claim or claim – including, without limitation, legal fees and charges – brought by third parties because of or in connection with culpable conduct such as use or connection to the service, violation of these Terms, violation of third party rights or laws by the User, its affiliates, officers, agents, joint proprietors of the brand, partners and employees, to the extent of law.
Unless otherwise specified and subject to the applicable legal provisions on liability for product damage, any claim for compensation against the Data Controller (or any natural or legal person acting on its behalf) is excluded.
The foregoing does not limit the liability of the Data Controller for death, damage to the person or to physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as the obligations strictly necessary to reach the cause of the contract, and/or damages caused by intent or gross negligence, provided that the use of this Website by the User has been appropriate and correct.
Unless the damage was caused intentionally or by gross negligence or affects life and/or personal, physical or mental integrity, the Data Controller is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
In particular, within the above limits, the Data Controller assumes no responsibility for:
Nothing in these Terms shall exclude, restrict or modify any warranty, condition, indemnity, right or protection that you may have under the Competition and Consumer Act 2010 (Cth) or other similar State and territorial laws and constituting a right that can in no way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for breach of a non-exclusible right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the Data Controller, to a new provision of services or to the payment of the cost for the repetition of their supply.
The Owner provides this Website “as is” and subject to availability. Your use of the Service is at your own risk. To the maximum permitted by law, the Data Controller expressly excludes the conditions, agreements and guarantees of any kind – whether they are expressed, implicit, state or other, including, by way of example but not exhaustive, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document
Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, joint proprietors of the brand, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, continuously and securely, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk and User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from such operation or your use of the Service.
The Data Controller does not guarantee, approve, insure or assume responsibility for any products or services advertised or offered by third parties through the Service or any website or service linked through hyperlinks. Furthermore, the Data Controller does not participate in or monitor any transaction between Users and third party suppliers of products or services.
The Service may become inaccessible or malfunction with your browser, device, and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, resulting from the content, operation or use of the Service.
Federal laws, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. The above exclusions may not apply to Users. Users may enjoy additional rights that vary from state to state. The limitations and exclusions set forth in this Agreement apply to the extent permitted by law.
To the maximum extent permitted by applicable law, in no case may the Owner and its subordinates, affiliates, officials, agents, joint proprietors of the trademark, partners, suppliers and employees be held responsible for
This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, wrongdoing, negligence, objective liability or any other basis, even if the Data Controller had been advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, therefore the above limitations or exclusions may not apply to the User. These Terms give you specific legal rights and you may have other rights that vary from jurisdiction to jurisdiction. The exemptions, exclusions or limitations of liability provided for in these Terms shall not apply beyond the limits of applicable law.
The User undertakes to defend, indemnify and hold the Owner and its subordinates, affiliates, officers, agents, joint proprietors of the trademark, partners, suppliers and employees of and against any claim or claim, damage, obligation, loss, liability, charge or debt and expense, including, without limitation, legal fees and expenses arising from
The Data Controller’s failure to exercise legal rights or claims arising from these Terms does not constitute a waiver of the same. No waiver may be considered final in relation to a specific right or any other right.
To ensure the best possible level of service, the Data Controller reserves the right to interrupt the Service for maintenance purposes, system updates or for any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In case of cessation of the activity of the Service, the Data Controller will ensure that Users can extract their Personal Data and information and will respect the rights of Users relating to the continued use of the product and/or compensation, according to legal provisions.
In addition, the Service may not be available for reasons beyond the reasonable control of the Controller, such as force majeure (e.g. infrastructure malfunctions, blackouts, etc.).
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.
The information on the processing of Personal Data is contained in the privacy policy of this Website.
Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyright, Trademarks, patents and models relating to this Website are exclusively owned by the Owner or its licensors and are protected in accordance with international laws and treaties applicable to intellectual property.
Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyright, Trademarks, patents and models relating to this Website are exclusively owned by the Owner or its licensors and are protected in accordance with international laws and treaties applicable to intellectual property.
The Data Controller reserves the right to modify the Terms at any time. In this case, the Data Controller will inform the Users of the changes.
The changes will have effect in the relationship with the User only from the moment communicated to the User.
Your continued use of the Service implies your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service and may withdraw from the Agreement.
The previous version continues to govern the report until the User accepts the changes. This version can be requested from the Data Controller.
If required by law, the Data Controller will notify Users in advance of the effective date of the amended Terms.
The Controller reserves the right to transfer, assign, dispose of, novate or contract individuals or any rights and obligations under these Terms, having regard for the legitimate interests of Users.
The provisions relating to the amendment of these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
If any of the provisions of these Terms are or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not result in the ineffectiveness of the remaining provisions, which therefore remain valid and effective.
Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective and in conformity with the original purpose.
These Terms constitute the entire agreement between the User and the Controller with respect to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object.
These Terms will be implemented to the fullest extent permitted by law.
If any provision of these Terms should be or become void, invalid or ineffective, the parties will endeavour to identify in an amicable manner a valid and effective provision in lieu of that null, invalid or ineffective.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision shall be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not result in the nullity of the entire Agreement, unless the null, void or ineffective provisions of the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, that is, in cases where the remaining provisions would place an excessive and unacceptable burden on one of the parties.
The Terms are governed by the law of the place where the Controller is established, as indicated in the relevant section of this document regardless of the rules of conflict.
However, notwithstanding the foregoing, if the law of the country in which you are located provides for a higher level of consumer protection, that higher level of protection shall prevail.
The exclusive competence to know any dispute arising out of or in connection with the Terms lies with the court of the place where the Data Controller is established, as indicated in the relevant section of this document.
This does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.
Users can report any disputes to the Owner, who will try to resolve amicably.
Insofar as the right of Users to bring legal proceedings is not affected, in the event of disputes concerning the use of this Website or the Service, Users are requested to contact the Data Controller at the addresses indicated in this document.
The User can address a complaint to the e-mail address of the Data Controller indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Data Controller will process the request without undue delay and within 21 days of its receipt.
The European Commission has introduced an online alternative dispute resolution platform that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, any European Consumer or Consumer based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.
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