Conditions of sale

Terms and conditions

The goods covered by these General Conditions of Sale are offered for sale by Fortuna 73 Srl , with registered office in Matera (MT) at via Ferruccio Parri, 44 , registered with the Matera Chamber of Commerce at no. MT 208805 of the Company Register, tax code and VAT number 01389970771 , hereinafter referred to as " Fortuna 73 ".

Article 1 - Acceptance of the General Conditions of Sale.

Before proceeding with the purchase of the Products, according to the methods established in these General Conditions and indicated on the website https://www.mangiamocisud.com/gb/ , the Customer certifies that he has read and fully accepted the contents of these General Conditions as well as having read of any information provided during the purchase procedure. The Customer will have the right to download and/or print these General Conditions, which will be available in their latest version on the aforementioned Site. These General Conditions of Sale constitute an integral part of each purchase order and/or sales contract for the Products presented. by Fortuna 73 srl on its website https://www.mangiamocisud.com/gb/ , in force on the date of the relevant order, any special conditions resulting from an express contractual agreement agreed between the parties must be defined in writing between the parties. In no case may conclusive facts or behaviors give rise to the configuration of a binding order for Fortuna 73 Srl. Fortuna 73 Srl may modify, at any time and without notice, the content of these General Conditions. Any changes made will take effect from the date of publication on the Site, as declared in the heading of the General Conditions themselves. In the event of modifications, unless otherwise expressly agreed between Fortuna 73 Srl and the Customer, the General Conditions in force at the time of stipulation of the contract remain unaffected for contracts already concluded.

Article 2 – Definitions.

The term " General Conditions " means this document and its subsequent amendments and additions.

The term " Customer " generally refers to the person, be it a consumer or professional, who makes a purchase of Products marketed by Fortuna 73 Srl in accordance with the provisions reported on the Site and in the General Conditions.

The term " Products " means all the products marketed by Fortuna 73 Srl on the website https://www.mangiamocisud.com/gb/.

The term " Site " means the set of web pages accessible by typing the URL: https://www.mangiamocisud.com/gb/.

The term " Purchase Order " means the order placed by the Customer containing the details of the Products and delivery times which is processed following confirmation of payment.

The term " Sales Contract " means the sales contract concluded between the Customer and Fortuna 73 Srl with the Purchase Order confirmed following payment of the specified amount.

The term " Consumer " or "Consumer Customer" means the Customer (natural person) who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.

The term " Professional " or "Professional Client" means the Client (natural or legal person) who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary.

Article 3 - Method of stipulating the contract.

The Customer can purchase the Products as illustrated on the Site. It should be noted that the graphic representation is illustrative of the product for which the Customer is required to acquire the data relating to the Product on the relevant Product Sheet showing the main data (size, colour, place of origin, place of production, qualitative characteristics illustrated), with the specific indication that for artisanal products the shape/color may undergo variations compared to the Product delivered. The Customer, by carrying out the purchase procedure indicated on the Site, will be able to choose the Products of his interest, verify the overall value of the Products he intends to purchase including the related delivery, packaging and packaging costs. The Purchase Order, once finalized with payment, cannot be modified or cancelled. All Purchase Orders must be completed exactly in their entirety and must contain the exact identification of the Products ordered, the Customer and the place of delivery of the Products. The Order Confirmation by Fortuna 73 Srl will take place only following payment of the Products specified in the Purchase Order. The Order Confirmation will contain a summary of the order, which contains the order details, the price of the goods purchased, the shipping costs and any additional additional charges, the address where the Product will be delivered, the type delivery chosen by the Customer. Fortuna 73 Srl reserves the right to decline the purchase proposal sent, by way of example and not exhaustively in the following cases: provision of non-real personal data; previous breach of any kind towards Fortuna 73 Srl, lack of availability of the Products, removal of the Products from the catalogue.

Article 4 - Payment and reimbursement methods.

Each payment by the Customer can be made by:

- PAYPAL: in case of purchase through the PayPal payment method, at the end of the order the Customer is directed to the PayPal login page. The amount relating to the order is debited from the PayPal account at the time the order is acquired.

- CREDIT CARD: the most common credit cards are accepted, including prepaid and rechargeable ones: Visa, Mastercard. When paying by credit card, no supplement will be charged. By entering the credit card details, the payment is immediately made with a simultaneous charge to the credit card according to the methods established by the credit card manager. If the banking institution informs Fortuna 73 Srl of any irregularity relating to the credit card used, the latter will proceed with canceling the order.

- BANK TRANSFER: in case of payment by bank transfer, the customer is asked to send an email to info@ mangiamocisud.com reporting the CRO code or a copy of the bank transfer instruction. The order will be processed exclusively upon actual crediting to the Fortuna 73 Srl bank account.

BPER Matera headquarters

PIAZZA SAN FRANCESCO D'ASSISI 12

75100 MATERA

IBAN: IT 55 U 05387 16100 000003439882

BIC: BPMOIT22 XXX

Any refund to the Customer will be credited using one of the methods used by Fortuna 73 Srl. If the refund is made by bank transfer, it can only be finalized if the current account holder is the same person who made the payment. 'Purchase Order.

In the event of exercise of the right of withdrawal by the Customer as a Consumer, Fortuna 73 Srl will credit the refund within a reasonable period from the date on which the Product was returned and its state of integrity has been verified. In case of exercise of the right of withdrawal by the Consumer, Fortuna 73 Srl will not be required to reimburse the additional costs, if the Customer as a Consumer has expressly chosen a different and more expensive type of delivery than the standard one proposed by Fortuna 73 Srl. Fortuna 73 Srl reserves the right to withhold the refund until it has received the goods and verified their state of integrity and correct conservation.

Article 5 - Delivery times and methods.

Fortuna 73 Srl will deliver to the Customer the Products, selected and ordered according to the methods set out in the Order Confirmation specified, only and exclusively in Italian territory, via couriers and/or shippers of its own trust. For deliveries outside Italian territory, specific delivery methods and times will be provided. The different shipping methods, times and costs will be clearly indicated on the Site at the time of purchase. The delivery times indicated on the Site at the time of purchase will be merely indicative and indicative of the delivery times. Delivery will be made to the address indicated by the Customer at the end of the purchase process on the Site. The Customer, when formulating the Purchase Order on the Site, undertakes to verify that the information present is correct and complete. Delivery will reflect the characteristics of the type chosen at the time of purchase. It is necessary to check that all accesses (public roads, private accesses) and access spaces to the room (doors, stairs, landings, doors, etc...) are accessible and have sufficient dimensions for the passage and maneuvering space of the staff employee. Any impediment or particular condition linked to the access routes to the indicated address which could prevent or make the delivery itself less easy, must be communicated by the Customer (for example unmapped peripheral area, absence of the house number). Please note that in pedestrian areas, delivery will take place up to the point where the vehicle has access. If not included in the delivery service specified in the Purchase Order, no porterage may be requested from the Delivery Service personnel inside the customer's home. It is specified that the delivery will not be preceded by prior telephone contact of the courier/transporter, this option being attributed to the carrier; the storage costs of the products, here by way of example for non-delivery, absence of the Customer at the place of destination, are borne exclusively by the Customer. If the previous conditions do not occur, the service may not be guaranteed or have additional costs. The tax documentation is issued starting from the Order Confirmation. When ordering, the Customer is required to specify the required tax documentation, receipt or invoice, in which case complete data must be provided: name, tax code, VAT number, registered office (country, city, postcode, address and number number, unique code, pec), in the absence of a specific request Fortuna 73 srl will issue a receipt. As regards the delivery document (delivery note and/or transport document), it will be issued by Fortuna 73 srl, and will be signed by the Customer or his representative at the time of delivery. Upon delivery of the Product by Fortuna 73 srl, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the carrier's accompanying document and that the packaging is intact, not damaged, nor wet or altered. Once the carrier's transport document has been signed, the Customer will no longer be able to raise any objections regarding the quantity and quality of what was received.

Article 6 – Sales prices.

All sales prices of the products indicated on the Site are expressed in euros including VAT. Standard shipping costs and any additional charges, if any, are indicated and calculated in the purchase procedure and clearly specified in the Purchase Order and Order Confirmation. Requests for deliveries with methods different from the standard will be subject to specific cost determination. Deliveries abroad will be defined according to specific conditions.

Article 7 - Responsibility.

Fortuna 73 srl does not assume any responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices caused by third parties, in the event that it is unable to execute the order within the times established by the contract. The description on the Site of each item is for indicative purposes only, has no contractual nature and no liability can be attributed to Fortuna 73 srl in the event of unavailability of one or more products. Weights, colors and sizes may undergo variations typical of the particular production process. The colors and aesthetic characteristics of the products are as close as possible to the real ones. Fortuna 73 srl will also not be responsible for damages, losses and costs suffered by the Customer following failure to execute the contract for reasons not attributable to him, the Customer having the right only to a full refund of the price paid and any additional charges incurred.

Article 8 - Guarantee.

The Customer enjoys the ordinary guarantee provided for by the Civil Code, only for the Consumer Customer is the guarantee for any defects of conformity provided for by the Consumer Code, referred to in the following article. Without prejudice to the provisions of the Consumer Code operating in favor of the Consumer Customer, Fortuna 73 srl guarantees that the Products are free from material and manufacturing defects for a period of 12 (twelve) months from delivery upon notification of the alleged defect within 8 days from delivery or its discovery and before the end of one year from delivery, without prejudice to the limitations set out in the art. 10 “Exclusions and limitations of the warranty”.

Article 9 - Legal guarantee for the Consumer Customer.

In addition to the guarantee provided for defects in the item sold in accordance with the provisions in force, Fortuna 73 srl is responsible towards Consumer Customers, in accordance with articles. 130 and 132 of d.lgs. 206/2005, of any defects in conformity of the products existing at the time of delivery. The lack of conformity is considered to exist if: (i) the product is not suitable for the use for which goods of the same type are usually used; or (ii) does not conform to the description or does not possess the qualities referred to in the sample or model possibly shown by Fortuna 73 srl; or (iii) does not offer the usual qualities and performances of a good of the same type that the Consumer can legitimately expect; or (iv) is not suitable for the particular use desired by the Consumer if brought to the attention of the seller at the time of purchase and accepted by Fortuna 73 srl. The Consumer Customer loses the rights recognized to him by the art. 130, paragraph 2 of d.lgs. 206/2005 if he does not report the lack of conformity to Fortuna 73 srl within two (2) months from the date on which he discovered the defect. Fortuna 73 srl will make every diligent effort to replace at its own expense, with other products of the same quality and title available in its warehouses, those Products delivered that are damaged or defective, provided that they have been returned by the Customer in the original packaging ( complete with all the parts that compose it). If replacement with the same product is not possible, Fortuna 73 srl will refund the Customer the amount paid for the product found to be defective, excluding any further liability of Fortuna 73 srl, for any reason.

Article 10 – Exclusion of warranty.

The guarantee referred to in the articles. 8 "Warranty" and 9 "Legal guarantee for the Consumer Customer" is excluded if the Customer has damaged the Products through his own willful or negligent conduct, or in any case if, due to his own negligence and/or carelessness and/or for other reasons not attributable to Fortuna 73 srl, has damaged and/or made the Products defective, and/or exposed them to natural events and/or has used them improperly and/or without following the instructions indicated in any manuals, and/or has carried out and/or or had repairs, interventions or tampering carried out by unauthorized personnel, and/or omitted the necessary maintenance, and/or kept and/or stored them incorrectly or not in accordance with their nature. The warranty is also excluded if the defects and/or vices and/or malfunctions derive from use of the Products other than that referred to in the Contract and/or for which they were designed and/or manufactured, or in cases of normal wear and tear or deterioration. of consumable parts. If Fortuna 73 srl finds that any faults or defects in one or more of the Customer's Products are attributable, directly or indirectly to the Customer, the latter will be required to pay the verification costs incurred for this purpose, as well as the out-of-pocket expenses for the relevant return; Fortuna 73 srl, on its own initiative or at the request of the Customer, may also send them a quote for the repair (where applicable).

Article 11 - Consumer Customer's right of withdrawal.

The Consumer Customer has the right to withdraw from the contract, without indicating the reasons, within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) days from the day on which the Consumer Customer or a third party, other than the carrier and designated by him, acquires physical possession of the products. In the case of a contract relating to multiple products ordered by the Consumer Customer, in a single order and delivered separately, the withdrawal period expires after 14 (fourteen) days from the day on which the Consumer Customer or a third party, other than the carrier and him, designated, acquires physical possession of the latest product. To exercise the right of withdrawal, the Consumer Customer is required to inform Fortuna 73 srl at one of the addresses transcribed below: (general information), (complaints, requests and information on e-commerce procedures, orders and shipments), (address of PEC ). The Consumer Customer must communicate his decision to withdraw from the contract stipulated with Fortuna 73 srl and through an explicit declaration, by sending a letter by registered mail or e-mail to the addresses referred to in the previous paragraph. To comply with the withdrawal deadline, it is sufficient for the Consumer Customer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires. Pursuant to art. 54, paragraph 4, of the Consumer Code, the burden of proof relating to the exercise of the right of withdrawal lies with the Consumer Customer, therefore it is advisable that this communication be sent by registered letter with acknowledgment of receipt to the registered office of Fortuna 73 srl or via PEC.

Article 12 - Effects of withdrawal.

If the Consumer Customer withdraws from the contract stipulated with Fortuna 73 srl, all payments he has made will be refunded, including delivery costs (with the exception of additional costs resulting from his possible choice of a type of delivery different from the least expensive type of standard delivery offered by Fortuna 73 srl), without undue delay and in any case no later than 14 (fourteen) days from the day on which Fortuna 73 srl was informed of the Consumer Customer's decision to withdraw from the contract. These refunds will be made using the same payment method used by the Consumer Customer for the initial transaction, unless he has expressly agreed otherwise; in any case, the Consumer Customer will not have to bear any costs as a consequence of this reimbursement. The refund may be suspended until the goods are received. The Consumer Customer must send the goods back or deliver them to Fortuna 73 srl at the following address: Via Gravina, 23 – 75100 – Matera, without undue delay and in any case within 14 (fourteen) days from the day on which he communicated to Fortuna 73 srl the your withdrawal from the contract. The deadline is respected if the Consumer Customer sends back the goods before the expiry of the period of 14 (fourteen) days. The direct costs of returning the goods will be borne by the Consumer Customer. The Consumer Customer is responsible only for the decrease in the value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

Article 13 - Cases of exclusion of the right of withdrawal.

The Consumer Customer cannot exercise the right of withdrawal provided for by the art. 11 “Right of withdrawal” in the following cases: (a) if the goods are tailor-made and/or clearly personalized; (b) if the goods are at risk of deterioration; (c) if the sealed goods, opened after delivery, are not suitable for return for reasons of hygiene or health protection; (d) products are used. The Professional Customer cannot benefit, under any circumstances, from any right of withdrawal.

Article 14 - Method of archiving the contract.

Pursuant to art. 12 of d.lgs. 70/2003 and following. mm. Fortuna 73 srl informs the Customer that each order sent is stored in digital form on the server owned by Fortuna 73 srl according to confidentiality and security criteria.

Article 15 - Applicable law and competent court.

These General Conditions of Sale are subject to Italian law. Any dispute that cannot find an amicable solution will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the Consumer Customer, in any other case the exclusive jurisdiction of the Court of Bari is expressly agreed.

The General Conditions of Sale can be downloaded in printable format by clicking on the following link: ----------------