Michele Mosca Terms and Conditions
Users who use the services offered by Michele Mosca declare that they know and accept these general terms and conditions.
Owner of Michele Mosca and Related Services
Typical Umbrian Delights of Mosca Michele
Via Cavour, 3
06024 Gubbio (PG)
You are responsible for your own and third party content that you share on Michele Mosca, through their uploading, posting or by any other means. The User releases the Owner from any liability in connection with the unlawful dissemination of third-party content or the use of Truffle Delights, in a manner contrary to law.
The Owner does not carry out any kind of moderation of content posted by the User or third parties, but undertakes to intervene in the face of reports from Users or orders issued by public authorities in relation to content deemed offensive or illicit.
Rights to content provided by Users
The only rights granted to the Owner in relation to the content provided by Users are those necessary for the operation and maintenance of Michele Mosca.
Content provided by third parties
The Owner does not perform any prior moderation on content or links provided by third parties displayed on Michele Mosca. The Owner is not responsible for such content and its accessibility.
Each submitted order placed by the User, constitutes an offer to purchase products. Orders are subject to availability and discretionary acceptance by the Holder. To complete the online purchase process, the User must select the products and complete the check-out, after carefully verifying the information in the order summary. The order is placed by confirmation of the order and is subject to payment of the price, taxes, and shipping and handling charges shown on the Order Summary form.
The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract occurs when the Order Confirmation is sent by the Owner to the e-mail address provided by the User. The Owner reserves the right not to confirm an order by notifying the User within 5 business days of placing the order, to the email address associated with his purchase, of the possible unavailability of one or more products and, if all the products purchased were not available, of the shipping costs incurred by the User
Users are required to register on Michele Mosca by providing their personal information and shipping address. Shipping costs are not included and differ by destination. Prices are given in Euros and include VAT. Truffle Delights may provide different offerings throughout the year.
Methods of payment
The payment methods available to Users are described on the relevant pages of the sites. Michele Mosca uses third-party tools for payment processing and in no way comes into contact with payment data (such as credit card data) provided by the User.
For each order placed, if the Users have made an express request by ticking the appropriate box contained in the order submission form and have provided the necessary data (valid VAT number or CF) when registering their account, the Owner will issue an invoice for the material shipped, sending it to the User in whose name the order was placed. In fact, no change in the invoice will be possible at a later time after it has been issued.
Prices, descriptions, or availability of displayed products are subject to change without notice. The photos included are indicative and do not constitute a guarantee of the quality of the products. The photos included are adapted in relation to the viewing tool and, for this reason, are merely indicative of the appearance and dimensions of the products, as they may differ partially from the images presented.
Even after sending the Order Confirmation e-mail, in the event of the unavailability of some products due to causes not foreseeable at the time of the conclusion of the order, the Owner will refund the User the price of the ordered and unavailable products.
Execution of the Order
The Order is executed within the terms specified on the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Owner shall not be liable for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time the Order Confirmation was sent.
Deliveries are made during the usual working hours of the appointed courier, to the address indicated by the User and in the manner specified in the order summary.
Upon delivery of the goods by the courier, the User is required to check that the number of packages actually delivered corresponds to that indicated in the transport document, and that the packaging of the packages is intact in every part, not damaged, nor compromised by atmospheric events or otherwise altered. Upon delivery, the User is also required to check the packaging by specifying on the delivery form any anomalies. If the User encounters any obvious damage to the packaging and/or the products contained therein or the mismatch in the number of packages, he/she must immediately object to it by placing a written reserve of control (specifying the reason for the reserve, e.g. “punctured packaging”, “crushed packaging”, etc.) on the courier’s proof of delivery or promptly inform the Holder.
Once the delivery note has been signed, the Customer may not make any objection about the external characteristics of what has been delivered. Any problems with the physical integrity, correspondence, or completeness of the products received should be reported using the contact methods provided by the Holder. In case of failure to collect within 5 working days of the material in stock at the warehouses of the courier company due to repeated inability to deliver to the address indicated by the User when placing the order, the products will be returned to the Holder who, depending on the will of the User, will proceed to refund the price of the products (excluding perishable products such as fresh truffles or frozen products, and the cost of shipping), or will make arrangements for the new fulfillment and the related additional shipping costs.
The Owner cannot be held liable for delivery errors due to inaccuracies or incompleteness in the User’s completion of the purchase order, for any damage that may occur to the products subsequent to delivery by the carrier, or for delays in delivery attributable to the carrier.
Rights of withdrawal
In case of purchase of products or services on Michele Mosca, the User has the right to withdraw from the contract without giving reasons, within 14 days. The withdrawal period expires after 14 days, from the day the User or a third party – other than the carrier and designated by the User – acquires physical possession of the goods. To exercise the right of withdrawal, the User must inform the Holder of the decision to withdraw using the declaration template at the end of the document.
Effects of withdrawal
If the User withdraws from this contract, the User shall be refunded all payments he/she has made to the Holder, including delivery costs (with the exception of additional costs resulting from any choice of a type of delivery other than the least expensive type of standard delivery offered) without undue delay and in any event no later than 14 days from the day the Holder is informed of the User’s decision to withdraw from this contract.
Said refunds will be made using the same means of payment used by the User for the purchase. Where not possible, the User may agree to a different method of reimbursement. In any case, the User will not incur any costs as delivery of such a refund. Refunds may be suspended until receipt of the goods or until the User has demonstrated that he or she has returned the goods, whichever is earlier.
The User is requested to return the goods and deliver them to the Holder without undue delay and, in any case, within 14 days from the day on which he communicated his withdrawal from this contract. The deadline is met if the User returns the goods before the expiration of the 14-day period. The cost of returning the goods will be borne by the User. The User is liable only for diminution in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and operation of the goods.
Limitations to the right of withdrawal on products
Damaged or used products, even in part, will not be replaced or refunded. The User must place a copy of the order confirmation email inside the packing box.
The right of withdrawal does not apply: to custom-made or clearly customized goods or goods that, by their nature, are likely to deteriorate rapidly (such as fresh or frozen food products), are sealed and not suitable for replacement for hygienic reasons, or are related to health protection and have been opened after delivery.
In particular, according to Art. 47, Paragraph 1, lett I of the Consumer Code, the right of withdrawal does not apply to contracts for the supply of food, beverages or other goods for household use of current consumption supplied to the User’s home, place of residence or place of work, by regular distributors.
The consumer User is entitled to warranty on the conformity of the purchased products and services. Except for food products, the warranty lasts for 24 months from delivery of the goods and the lack of conformity must be reported to the Holder within 2 months of discovery. In order to exercise the warranty right, the User must send an e-mail to the Holder, compulsorily indicating the order number and an accurate description of the defect (photographic material should also be attached).
All elements are essential and will be verified by the Owner before giving a response to the User. If a lack of conformity of the product is established, the User has the right to obtain, if necessary after returning the defective product to the Holder, its repair or replacement. The User has, in addition, the right to obtain, possibly after returning the defective product to the Holder, its repair or replacement. The User also has the right to request from the Holder a reasonable reduction in price or termination of the contract if repair and replacement are impossible or excessively onerous, the Holder has failed to repair or replace the good within a reasonable period, but not less than 15 days, or the replacement or repair previously carried out has caused significant inconvenience to the User. To exercise the warranty right and for further information about it, the User should contact the Owner.
Withdrawal and termination of user accounts
Registered Users may deactivate their accounts, request their deletion, or discontinue use of the Service at any time through the appropriate section on Michele Mosca or by contacting the Owner directly.
The Owner, in the event of a violation of these Terms, reserves the right to suspend or terminate the User’s account at any time and without notice. The Owner reserves the unquestionable right to inhibit at any time and without prior notice the access to Michele Mosca, in whole or limited to certain features, of the accounts of Users for whom payment irregularities, non-payment, image damage by means of the Internet, obscene, vulgar or inappropriate language for comment and review functions, repeated and continuous unsuccessful order attempts, cyber attacks or any other activity, explicit or implicit, that may cause direct or indirect damage to the Owner.
The Service is provided “as is”
The Service is provided by the Owner “as is,” without any express or implied warranty for its accuracy or availability.
Resale of the Service
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit any portion of Michele Mosca and its Services without the express permission from the Owner, granted either directly or through a specific resale program.
The User agrees to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by it, its representatives, directors, agents, licensors, partners or employees), from any obligation or liability, including any legal costs incurred in defending itself in court, that may arise from damages caused by other Users or to third parties, in connection with content uploaded online, violation of the terms of law or the terms of these terms of service.
reverse engineer, decompile, disassemble, modify, or create derivative works based on Michael Moscow or any portion thereof;
circumvent the computer systems used by Michele Mosca or its licensors to protect the content accessible through it; copy, store, modify, change, prepare derivative works of, or alter in any way any of the content provided by Michele Mosca;
use any robot, spider, site search/retrieval application, or any other automated device, process, or means to access, retrieve, scrape, or index any portion of Michele Mosca or its contents;
lease, dismiss or sublicense Michele Mosca;
defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights (such as the right to privacy and publicity) of others;
Disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
Use Michele Mosca in any other improper manner such that it violates these Terms.
All trademarks of the Owner, whether figurative or named, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, and logos appearing concerning Michele Mosca are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties. Use of the listed material by unauthorized third parties will be punished according to the regulations provided by law.
Users declare that they are of legal age according to the legislation applicable to them. Minors may use Michele Mosca only with the assistance of a parent or guardian. Under no circumstances may children under the age of 13 use Michele Mosca.
Limitations of liability
The Owner, within the limits of applicable law, shall be liable for damages of a contractual and extra-contractual nature to Users or third parties exclusively when these constitute an immediate and direct consequence, due to intent or gross negligence, of Michele Mosca’s activity.
You expressly release and hold harmless the Application Owner from any liability, to the extent permitted by applicable law, in connection with any damages or claims of any kind or kind whatsoever of your own and/or any third party including direct, indirect, punitive, incidental, special damages, damages resulting from lost profits, lost revenues, loss of data or replacement costs arising out of or otherwise connected with this Agreement.
The owner guarantees the proper storage and quality of food products exclusively up to the time of delivery at the place indicated by the User; any liability relating to the poor condition of the products due to improper storage after the time of delivery is excluded.
Changes to these Terms
The Owner reserves the right to make changes to these Terms at any time by giving notice to the User by posting it withinMichele Mosca. Any User who continues to use Michele Mosca after the publication of the changes accepts the new Terms without reservation.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract all or any of its rights or obligations under these Terms, provided that the User’s rights hereunder are not affected. You may not withdraw or transfer in any way your rights or obligations under these Terms without the written permission of the Owner.
All communications regarding Michele Mosca should be sent using the contact information provided.
Applicable Law and Jurisdiction
These Terms and all disputes concerning the performance, interpretation and validity of this contract are subject to law, state jurisdiction and the exclusive jurisdiction of the court of Perugia (PG).