termini e condizioni
Welcome to www.masseriakaggio.com.
By using the Website you agree to be bound by these Terms and Conditions and any Orders placed by you are bound by these Terms and Conditions. Given this, please be sure to read and make sure you understand the Terms and Conditions prior to placing an Order with us. We would particularly like to draw your attention to the following important clauses: clauses 1 and 2 which relate to the products that we sell online; clauses 3, 6, 7 and 8 which relate to pricing and payment methods; clause 5 which concerns the order process; clauses 10 and 11 which discusses delivery of your Order; clauses 12 to 15 (inclusive) which cover the cancellation, return and refund of an Order; and clause 18 which discusses liability and indemnity. If you do not agree to these Terms and Conditions, please do not use the Website.
The Website is provided solely for your personal use. You may not use the Website for any commercial purpose. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently, the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website.
Please note that these Terms and Conditions do not affect your statutory rights as a consumer.
All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belongs to Masseria Kaggio (or is licensed to Masseria Kaggio). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without Masseria Kaggio' prior written permissione.
You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the Website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become Masseria Kaggio' property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Website and we reserve the right to remove any material you have placed on the Website or to deny you access to the Website at any time in our sole discretion.
1. Product Descriptions on our Website
1.1 We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.
2. Product Availability
2.1 The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then Masseria Kaggio shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
2.2 If, due to unforeseen circumstances or in the event of supply difficulties it is necessary to substitute a perishable Product (please note that this includes perishable Products supplied as part of a hamper), the Product will be of equal or greater value than that which it replaces, albeit at no extra cost to you. If you receive the substitute Product and do not want to accept it, then we will reimburse you for the cost and return of that Product.
3. Pricing Policy
3.1 Product prices shown on the Website are in British Pounds, and are inclusive of UK value added tax ("VAT") (where applicable), at the appropriate rate, and are correct at the time that the Product Description was first entered on to the Website.
3.2 Although we try to ensure all our Products' prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.
4. Age restrictions
4.1 We cannot sell the following Products to persons under the age of eighteen (18): Products containing intoxicating liquor or Products containing tobacco. For clarity a drink containing alcohol is classified as "intoxicating" if it contains more than 0.5% of alcohol by volume (0.5% abv).
4.2 We cannot sell the following Products to anyone under the age of sixteen (16): chocolate containing liquor, Christmas crackers or cracker snaps or party poppers.
4.3 By placing an Order for age-restricted Products such as the above, you warrant that you meet the age requirement for that Product and, in any event, you are at least sixteen (16) years old and the information you provide is truthful and correct. It is an offence to buy or attempt to buy age-restricted Products if you are under age or to purchase such Products for someone else who is under age.
4.4 We reserve the right not to sell or deliver any age-restricted Product to anyone who is, or appears to be, under the required age.
5. Order process
5.1 Masseria Kaggio takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part we will not be liable for any loss you may suffer if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an Order on the Website. For more information on how we use and protect your Personal Information, please refer to our Privacy & Cookie policy.
5.2 The technical steps to place your Order and create a contract of sale between you and Masseria Kaggio are, as follows:
a) You place an Order on the Website by pressing the "Checkout with" or 'Buy Now' button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not constitute an acceptance of your Order by us.
c) As your Order is shipped by us we will send you a despatch confirmation email. Please note, that we may also send you an SMS to notify you that your Order has been despatched. Upon sending either of these emails, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.
d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address or make it available for collection on the date and time nominated by you.
5.3 The contract between you and Masseria Kaggio will be concluded in English and subject to the laws of England and the jurisdiction of the English courts. The contract will complete and title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the later of:
a) the date on which we receive payment in full for the Product(s);
5.4 We shall be entitled to supply Products ordered as part of one Order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched or available for collection separately. We also reserve the right to supply only part of an Order.
5.5 Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
a) A Product you ordered is out of stock;
b) We are unable to obtain authorisation for your payment;
c) We have identified an error with a Product Description;
d) You are not eligible to order a Product, as set out in clause 4 above;
e) There is a system or procurement failure;
f) You fail our customer validation checks; or
g) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.
6. Payment and payment methods on the Website
6.1 You can currently pay in British Pounds
6.2 We accept payment for Orders by Maestro, MasterCard, Visa, Visa Debit, American Express, Solo, Electron, PayPal, gift cards and e-vouchers. Gift cards and e-vouchers can only be used for orders in British Pounds.
6.3 If you choose to pay for your Order using a payment card with a currency denominated account that is different from the currency you are paying in, your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your Order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which you will be liable to pay.
6.4 By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
7. VAT and Non-EU Customs
7.1 All Product prices shown on the Website are inclusive of any applicable UK VAT.
7.2 Where you have requested delivery of your Order to an EU country, the total cost of your Order will include UK VAT.
7.3 Where you have requested delivery of your Order to a non-EU country, the total cost of your Order will not include UK VAT. However, it will include any taxes, duties, fees, levies or other charges levied by that non-EU country, which will be added to your Order at checkout and paid on your behalf by Masseria Kaggio to the relevant local customs authorities.
7.4 You will be the importer for the international delivery of your Order (i.e. any Order delivered to a country other than the UK). Therefore, before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply or charges are due, you agree to be responsible for these.
8. Promotional discounts, e-vouchers and gift cards
8.1 Masseria Kaggio endeavours to ensure that all Products on the Website are available at the same price in all our stores. However, from time to time we may offer additional discounts for purchases made via the Website that do not apply in-store, or vice versa. Additionally, Products offered as sets on the Website may not be offered as part of a set in-store and individual prices may apply.
8.2 Any coupon, discount, offer or promotional discount offered on the Website is valid only for use as part of a purchase made via the Website, unless otherwise stated and subject to availability.
8.3 Masseria Kaggio' gift cards can be exchanged for products in all Masseria Kaggio' stores and partners and can also be used to purchase Products via the Website or over the telephone. Masseria Kaggio' e-vouchers can only be used to purchase Products via the Website. E-vouchers are not available for use in any of Masseria Kaggio' stores.
8.4 A gift card or e-vouchers cannot be exchanged for cash or refunded.
8.5 If the Products purchased online total less than the value of your Gift card or e-voucher, then it will not be possible to process your Order and you will receive an error message. In order to use your gift card or e-voucher please make sure that the total value of the Products you are purchasing is equal to or greater than the value of the gift card or e-voucher.
8.6 When redeeming a gift card via the Website or over the telephone, you will be required to give the serial number on the gift card, and the online security code on the gift card. In relation to an e-voucher, in order to redeem this via the Website, you will need to enter both the registered email address to which the e-voucher was originally sent, as well as the serial number appearing on the e-voucher itself.
8.7 If you want to return Products that you purchased via the Website using either a gift card or e-voucher, you return the Product via post, then your refund will be placed on an e-voucher and emailed to you. This does not affect your statutory rights.
8.8 If your gift card becomes accidentally damaged or if you have any issues with using your gift card or e-voucher, please contact Masseria Kaggio' Customer Services here welcome@masseriakaggio.com from overseas).
8.9 Gift cards and e-vouchers can only be used for orders in British Pounds.
9. Gift message
9.1 A gift message facility is available on certain Orders and is available for your own personal and strictly non-commercial use. We do not take any responsibility for the contents of messages communicated by you to a third party. Where you use this facility you agree that your message will not include any material that could be construed as defamatory, abusive, obscene, racist, offensive, harassing, threatening, vulgar or which could cause embarrassment or distress to any person. You agree not to impersonate any person, including but not limited to any of our employees or customers. The gift message facility is currently only available in the Latin alphabet with standard characters.
10. Delivery
10.1 You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
10.2 All parcels will be delivered by us and will require a signature on delivery.
10.3 Please note that delivery of your Order may take longer during sale or other busy periods, but you will be notified if this is the case. Deliveries within the UK
10.4 In relation to Orders delivered within the UK only, you can have Products from the same Order shipped to multiple addresses. Select this option at checkout and click on the 'Edit' buttons in your shopping basket to select an address for each Product.
International Delivery
International Delivery Destinations
10.5 You may request international delivery of your Order. For the purposes of these Terms and Conditions, we consider "international delivery" to relate to the delivery of your Order to a country outside of the UK. For the full list of countries that we currently deliver to, please contact welcome@masseriakaggio.com. You may select the international delivery option at the end of the checkout process, and by specifying a delivery address outside of the UK.
International Delivery Charges
10.6 We will notify you of the international delivery charge(s) applicable to your Order at checkout and the amount will be added to the total amount of your Order.
International Delivery Lead Times
10.7 Delivery lead times of your Order to an international address will vary according to its destination. Please see our Dispatch and Delivery section for more information.
10.8 We will make every effort to deliver your Order within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher than anticipated demand. Masseria Kaggio shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales as a result of such delays.
Product Restrictions
10.9 As identified in clauses 4 and 7.4 above, there may be instances where due to restrictions (legal or otherwise) or practices in relation to a Product, we are prevented from being able to deliver it to you. Masseria Kaggio shall not be held liable in relation to any Product that we are unable to sell or deliver to you as a result of such restrictions. Please refer to the Product Description of your selected Product(s) to see if any restrictions apply. In the event that a restriction is enforced after you have placed your Order with us, we will do our utmost to notify you as soon as reasonably practicable.
11. Contract cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
11.1 If you are an EU customer, you have the right to cancel your contract at any time up to fourteen (14) days after the day on which you receive your Order. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product on your Order.
Cancellation before dispatch or notification of collection
11.2 If, for any reason, you wish to cancel your contract before your Order has been dispatched or you have been notified that it is available for collection, then you need to let us know. In order to do so, you can either complete our online cancellation form by contact to welcome@masseriakaggio.com . Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, we will refund you the original purchase price and delivery charge for your Order within fourteen (14) days. For more information, please see our Refunds Policy below.
Cancellation after dispatch or notification of collection
11.3 As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being dispatched or made available for collection. If you decide to cancel your contract and your Order has already been despatched or you have been notified that it is ready for collection, then you need to let us know within fourteen (14) days after the day on which you receive or collect your Order. You can notify us by using any one of the options identified in clause
11.4 above. Once we have received notification from you of your wish to cancel your contract, you then have a further fourteen (14) days to return your Order to us. Please refer to "How to return an Item" in our Returns Policy below.
11.5 If you are a Non-EU customer, then clauses 11.1 to 11.3 (inclusive) do not apply to you. In the event that you do not wish to keep your Order, you need to send this back to us within fourteen (14) days after the day on which you receive your Order. For more information on how to do this, please see our Returns Policy.
12. Returns Policy
12.1 Products must be returned in a saleable condition meaning that they must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken or tampered with.
12.2 Please note that your right to cancel or return a Product does not apply to personalised, perishable or time critical Products. The following list provides a non-exhaustive list of the types of Products you cannot cancel or return:
a) Products which have been made to measure, altered, or personalised to your specification;
b) Newspapers, periodicals or magazines (with the exception of a subscription contract for such publications);
c) Event tickets;
d) Hampers, food, beverages and other perishable goods, such as flowers. Should you have any issues with an Order for flowers, please see below for more information;
e) Unsealed audio or video recordings (such as CDs, DVDs) or unsealed computer software; and
f) Unsealed beauty items including toiletries and cosmetics which have been opened, tested or partially used.
12.3 Where lingerie, swimwear, cosmetics and earrings are protected by hygiene seals, you are required to take reasonable care by not removing the hygiene seals. Refunds will not be provided if the hygiene seals have been removed, broken or tampered with.
12.4 Please note that clauses 12.2 and 12.3 do not apply to faulty or incorrectly supplied Products where your statutory rights are unaffected.
How to return an item
Process and payment for returning a UK Order
12.5 If your Order was delivered to you within the UK and you now wish to return it then please follow the steps below:
a) Take the delivery note that accompanied your Order and fill in the relevant sections to indicate which Product(s) you wish to return. Please be sure to indicate the quantity of a particular Product that you are returning to us as well as the reason for your return. Please select one of the appropriate "return codes" (as described on the delivery note) to indicate the reason for your return.
b) Having completed the delivery note, please be sure to include it in your returns package along with the relevant Product(s).
c) Please use the returns address label (found at the bottom of your delivery note) and attach it to the outside of your returns package. Please note that Masseria Kaggio' cannot be liable for any Products that go missing as a result of your failure to use this label.
Process and payment for returning an EU Order (other than a UK Order)
12.6 If your Order was delivered to you within the EU (other than the UK) and you now wish to return it then please contact welcome@masseriakaggio.com
12.7 We will pay for the cost of returning any Order that was originally delivered to an EU country provided you follow the process outlined in clause 12.6 above.
12.8 Should you choose to return your Order through any other process (including a different carrier or postal service), then any cost associated with that, as well as the risk, loss or damage to your Order shall be borne by you.
Process and payment for returning a Non-EU Order
12.9 If your Order was delivered to you outside the EU and you now wish to return it, in your Order's original delivery parcel, you will find a 'Returned Goods Form' and a clear plastic envelope. This Returned Goods Form will look similar to your invoice but includes additional information for UK customs to pass your Order through as a return, as well as some additional fields for you to complete. To complete the Returned Goods Form please:
a) Identify which Product(s) in your Order you want to return.
b) Cross out any Product(s) you are not returning.
c) For the Product(s) you are returning, fill in the 'Units' and 'Total Value' fields which are left blank for you (this is in case you purchased a multiple number of the same Product).
d) Fill in the 'Returns code' field which can be found on your returns address label (as described above).
12.10 After you have completed the Returned Goods Form place it in the clear plastic envelope provided and attach it, together with the returns address label (found at the bottom of your delivery note) to the outside of your returns package.
Process and payment for returning a Non-EU Order
12.11 If the steps outlined above are not followed, in particular if the Returned Goods Form is not attached to the outside of your returns package using the enclosed clear document envelope, this may result in a loss or delay to us receiving your returned Product(s). We will not be able to process a refund until we have received your returns package.
12.12 Unfortunately, we are unable to pay for the cost of returning an Order that was originally delivered to a Non-EU country. As such, when posting your returns package back to us, please be sure to use a local and trusted postal service or carrier. We recommend that you use a tracked and insured service as Masseria Kaggio will not be liable for any risk, loss or damage to your Order.
In-store returns
12.13 You can also return your Order to a Masseria Kaggio point or store. Please ensure that you bring the delivery note that you got with your Order and your payment card (unless you paid by gift card, e-voucher or PayPal) when returning an Order to one of our stores.
12.14 Please note we will not reimburse any costs incurred by you in returning your Order to one of our stores.
PayPal Returns
12.15 If you wish to return an Order that you purchased using PayPal, you can return it to us by post, in which case, you must follow the processes outlined above. We will then process a refund directly to your PayPal account. You can also return your Order to one of our stores, in which case, your refund will be given on a gift card.
13. Refunds policy
Refunds on UK and EU Orders
13.1 Within fourteen (14) days of us receiving your Order back by post, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price and delivery charge for your Order, provided that you return the Product(s) to us in a saleable condition.
13.2 Refunds will be issued back to you as follows:
a) If you paid for your Order using a credit or debit card then your refund will be made back to the same card irrespective of whether you return your Order via post or to one of our stores. This will appear in your account within five (5) days depending on your card issuer.
b) If you originally paid for your Order using your PayPal account and returned it to us via post, then your refund will be made back to your PayPal account. However, if you return an Order which you paid for using your PayPal account to one of our stores, then your refund will be put on a gift card.
c) If you paid for your Order using a gift card or e-voucher and returned it to us via post, then the refund will be made back to you via an e-voucher. Alternatively, if you paid for your Order using a gift card or e-voucher and returned it to one of our stores, then your refund will be given back to you on a gift card.
d) If you paid for your Order using a gift card or e-voucher as well as your credit or debit card, then any refund for that Order will be made back in the same amounts to the same payment methods that you used when originally placing your Order with priority given to your credit or debit card. This means that if you placed an Order for £100 but used a £50 gift card, with the remainder paid for using your debit card, then you will receive a £50 refund to your debit card and a £50 refund to a gift card (if you returned your item to store) or e-voucher (if you returned your item via post). Alternatively, if you bought two items totalling £100 (one being £60 and the other £40) and you paid for these using a £50 gift card, with the remainder paid for using your debit card, then if you wanted to return the item worth £60 this would mean that you would receive a £50 refund to your debit card and a £10 refund to a gift card or e-voucher (subject to how you returned the item to us).
13.3 Subject to the delivery option that you selected when first placing your Order (for more information, see Dispatch and Delivery), we will also refund you one of the following:
a) If you chose and paid for Standard Delivery of your Order, then we will refund you the full cost of this.
b) If you chose and paid for either Nominated/Next Day or Same Day delivery of your Order, then it is at our sole discretion as to whether we refund you this delivery charge. At the very least you will be refunded the cost of what the Standard Delivery for your Order would have been.
c) If you are only returning part of your Order which was delivered to the same address, then there will be no refund for delivery.
13.4 In order to arrange for a refund of an original delivery charge (as outlined above), please contact our Customer Services Team here welcome@masseriakaggio.com.
Refunds on a Non-EU Order
13.5 If you placed your Order online and paid for it to be delivered to a Non-EU country, then within fourteen (14) days of receiving your Order back by post we will refund you the original purchase price for your Order, provided that you return the Product(s) to us in a saleable condition. Please note that we will not refund the original delivery charge or any applicable local customs duties charged to you at checkout and paid to your local customs authority. Certain countries permit refunds of customs duties paid on Products you subsequently return. However, you will need to apply to your local authority to process that.
Promotional discounts and refunds
13.6 If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product. Further, any free promotional gift given with an Order must also be returned if you are returning the Product(s) to which the gift related.
14. Masseria Kaggio Account, Personal Information and security
14.1 When you register for a Masseria Kaggio Account, you warrant that:
a) The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
b) You will notify us immediately of any changes to the Personal Information by contatting welcome@masseriakaggio.com
14.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
14.3 You are fully responsible for maintaining the confidentiality of your Masseria Kaggio Account and Personal Information, and all activities that occur in relation to your Masseria Kaggio Account and Personal Information. You agree to immediately notify us of any unauthorised use of your Masseria Kaggio Account or Personal Information and, any breach of security or misuse, or suspected breach of security or misuse of such. Please ensure that you exit from your Masseria Kaggio Account at the end of each session if you use a shared computer. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
14.4 Your Personal Information shall be used and protected in accordance with our Privacy & Cookie policy.
15. Material and Activity Prohibited
15.1 Please choose carefully the material you post on the Website and which you provide to other Users. You must not misuse the Website. You will not: send or otherwise post unauthorised commercial communications to Users (such as spam); upload viruses, trojans, worms, logic bombs or other malicious code; corrupt data; cause annoyance to other Users; post material that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence; use the Website to do anything unlawful, misleading, malicious or discriminatory; facilitate or encourage any violation of these Terms and Conditions.
15.2 We reserve the right, in our sole discretion, to reject, edit or refuse to post any material and to remove any material from the Website, whether or not the material is expressly prohibited by these Terms and Conditions, or to restrict, suspend, or terminate your access to all or any part of the Website or your Masseria Kaggio Account at any time, for any or no reason, with or without prior notice, and without liability.
15.3 Masseria Kaggio community areas are subject to the following 'Community Area Rules':
a) Masseria Kaggio advises you not to reveal your Personal Information to anyone else that would allow you to be identified, including but not limited to: telephone number, home address, business address, delivery address or email address.
b) Masseria Kaggio reserves the right to close any MASSERIA KAGGIO Account if we believe a User is using proxy Internet Protocol addresses as a method to hide the use of multiple accounts or to disrupt the Website in any way. If you use multiple logins for the purpose of disrupting the Website we may take action against you and close your Masseria Kaggio Account(s).
c) By submitting any material to us, you automatically grant Masseria Kaggio a royalty-free, perpetual, exclusive right and license to use, modify, edit, adapt, publish, re-use, translate, distribute, perform and display such material in whole or part worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
d) You acknowledge that we are not obliged to publish any material submitted by you.
e) By submitting any material to us, you agree to use the Website in accordance with these Community Area Rules and the Terms and Conditions.
f) If you fail to abide by these Community Area Rules you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against you or your Masseria Kaggio Account(s). Action may include any material posted by you being checked before being allowed to go on the Website or a temporary or permanent suspension of your ability to participate in any or all of the Website.
g) Masseria Kaggio reserves the right to edit or delete any contribution, or take action against any User, at any time, for any reason.
h) If you do not want to grant Masseria Kaggio the permission set out above on these terms, please do not submit or share your contribution on the Website.
16. Linking to the Website
16.1 You must not establish any link to the Website to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you.
16.2 The Website must not be framed on any other site, and you may not create a link to any part of the Website other than the home page.
17. Compliance with Laws
17.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
18. Liability and Indemnity
18.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
18.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
18.3 If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or you fail any of our fraud detection or anti money laundering detection checks, Masseria Kaggio has the right to stop or cease to fulfil the Order (or part thereof) at any time and shall incur no liability in such circumstances.
18.4 You have certain rights as a customer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the United Kingdom, contact your local authority Trading Standards Department or Citizen's Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill.
18.5 Any Orders delivered to you will be of satisfactory quality. However, if we deliver an Order that is not of satisfactory quality, you can:
a) contact us for a full refund within thirty (30) days of delivery;
b) contact us for a repair or replacement.
18.6 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Website, a Product, or the conduct of other Users of the Website, even if Masseria Kaggio has been advised of the possibility of such damages.
18.7 The Website may also contain links to other websites, which are not operated by MASSERIA KAGGIO. When you activate any of these you will leave the Website and we have no control over, and will not accept any responsibility or liability in respect of, the material on any website which is not under our control.
18.8 You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions (including Community Area Rules) by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your Masseria Kaggio Account and/or your Personal Information.
18.9 We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.
18.10 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
19. Comments and Complaints Procedure
19.1 Please contact us if you have any comments or complaints by contacting our Customer Services team here welcome@masseriakaggio.com . We will always endeavour to resolve any dispute as swiftly as possible.
20. General
20.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
20.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
20.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
20.4 Masseria Kaggio reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without notice.
21. Entire Agreement
21.1 These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and MASSERIA KAGGIO Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of MASSERIA KAGGIO. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory tights are not affected by these Terms and Conditions.
22. Our details
22.1 MASSERIA KAGGIO ITALIAN LUXURY FOOD is a brand of CASA ITALIA LONDON LTD, registered in England with company number 10104956. Its registered office is: Fernhill Court , flat n. 5, 360 Richmond Road, Kingston Upon Thames, Surrey, United Kingdom, KT2 5PT.
22.2 Please note that where you have placed an Order and requested delivery of it to an EU country (other than the UK), then this shall be arranged by CASA ITALIA LONDON LTD with different parcel Should you wish to obtain the details for the specific third party courier or postal carrier that delivered your Order, then please contact welcome@masseriakaggio.com and they will be happy to assist.
23. Definitions
23.1 The following definitions shall apply to these Terms & Conditions:
"We", "us", "Masseria Kaggio | Italian Luxury Food" or "MASSERIA KAGGIO" means CASA ITALIA LONDON LTD as the context may require. Please note, that when arranging delivery of your Order, Masseria Kaggio may instruct a third party courier or postal carrier to deliver it to you. However, Masseria Kaggio will ultimately be responsible for managing the delivery of your Order, so for the purposes of these Terms and Conditions, all references to "we", "us", or "MASSERIA KAGGIO", will be taken to include such third parties.
"You" means a user of this Website.
"Users" means the users of the Website collectively.
"UK" means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland.
"EU" means the following European Union nation states: Austria, Belgium, Bulgaria, Croatia, Cyprus (excluding the UN buffer zone and the part of Cyprus to the north of the buffer zone where Republic of Cyprus does not exercise effective control but including the UK Sovereign bases of Akrotiri and Dhekelia), Czech Republic, Denmark (excluding the Faroe Islands and Greenland), Estonia, Finland (excluding the Åland Islands), France (excluding Martinique, French Guiana, Guadeloupe, Reunion, St Pierre and Miquelon), Germany (excluding the island of Heligoland, and Büsingen), Greece (excluding Mount Athos (also known as Agion Oros), Hungary, Ireland, Italy (excluding Campione d'Italia, the Italian Waters of Lake Lugano and Lvigno), Latvia, Lithuania, Luxembourg, Malta, Netherlands (excluding the Antilles), Poland, Portugal (including the Azores and Madeira), Romania, Slovakia, Slovenia, Spain (excluding the Canary Islands, Ceuta, and Melilla but including the Balearic Islands), Sweden and the UK (excluding the Channel Islands, Gibraltar but including the Isle of Man).
"Non EU" means any other country not listed in the definition of EU above.
"e-vouchers" means an e-voucher issued and emailed to you by Masseria Kaggio only;
"gift cards" means a gift card issued by Masseria Kaggio only;
"Order" means an online transaction made by you via the Website for one or more Products, to which these Terms and Conditions apply.
"Personal Information" means the details you provide to us when you use the Website, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.
"Product" means a product displayed for sale on the Website.
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product.
"Masseria Kaggio Account" means every your personal customer account set up by you on the Website.
"Terms and Conditions" means these terms and conditions.
"Website" means the website located at www.masseriakaggio.com or any subsequent URL which may replace it.
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