Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE, effective 01/07/2020

Premise

This notice is made for the website "www.mezemer.com/" (Site) owned by ME ZEMËR SH.P.K., with registered office in Rr. Abdyl Frashëri, Pall. 31 Kati 3, Ap. 8, Tiranë - Albania, registered with the Chamber of Commerce of Tiranë with V.A.T. No. M11724015T fully paid-up share capital of Lekë 100.00 (Company), as the Data Controller.

Art. 1. Scope of application

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I°, Title III° (art. 45 et seq.) of Legislative Decree September 6, 2005, n. 206 (Consumer Code) and by Legislative Decree April 9, 2003, n. 70, containing the regulation of electronic commerce.

1.2 The General Conditions of Sale apply to all sales made by the Company on the Site. The terms indicated are to be understood as business days, thus excluding Saturdays, Sundays and national holidays.

1.3 The General Conditions of Sale may be modified at any time. Any amendments and/or new conditions will be in effect from the time they are posted on the Site. You are therefore encouraged to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

1.4 The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.

1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Company that may be present on the Site through links, banners or other hypertext links. Before conducting business transactions with such parties, it is necessary to check their terms and conditions of sale. The Company is not responsible for the provision of services and/or sale of products by such parties. On the websites that can be consulted through such links, the Company does not perform any control and/or monitoring. Therefore, the Company is not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by them.

1.6 You are responsible for carefully reading these Terms and Conditions of Sale as well as all other information that the Company provides on the Site, including during the purchase process.

Art. 2. Purchases on the Site

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2.1 Purchasing on the Site:

- can also be made without registering on the Site;

- is allowed to both users who hold the quality of consumer and users who do not hold that quality.

2.2 Pursuant to art. 3, I paragraph, lett. a) of the Consumer Code, please note that the quality of consumers is held by natural persons who, in relation to the purchase of the Products, are acting for purposes unrelated to the entrepreneurial, commercial, professional or craft activity possibly carried out.

2.3 To avoid hoarding, no more than 100 pieces of the same item may be purchased within the same order.

2.4 In the case of orders, from whomever they come from, that are abnormal in relation to the quantity and/or frequency of purchases, the Company reserves the right to take all necessary actions to have the irregularities ceased.

2.5 The Company reserves the right to refuse or cancel orders that come:

- from a user with whom the Company has an ongoing legal dispute;

- by a user who has previously violated the General Terms and Conditions of Sale;

- by a user who has issued false, incomplete or otherwise inaccurate identification data or who has failed to send to the Company, in a timely manner, the documents requested by the Company or who has sent it invalid documents;

2.6 Alcoholic products are only saleable to those over the age of 18.

Art. 3. Site Registration

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3.1 To register to the Site You must fill out the appropriate form, entering the following data:

- name

- last name

- e-mail

- password.

3.2 You agree to notify the Company immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.

3. 3 The registered user of the Site warrants that the personal information provided by him/her is complete and true and agrees to hold the Company harmless and indemnified against any damages, compensatory obligations and/or penalties arising out of and/or in any way connected with the violation by the user of the rules on registration to the Site or the storage of registration credentials and/or the provision of false, incomplete or otherwise inaccurate personal information, without prejudice to the Company's right to proceed to disable the user's account.

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Art. 4. Information directed to the conclusion of the contract

4.1 In accordance with Legislative Decree No. 70 of April 9, 2003, containing provisions on electronic commerce, the Company informs you that:

- in order to conclude a purchase contract on the Site, You shall complete an order form in electronic format and transmit it to the Company, electronically, following the instructions that will appear from time to time on the Site;

- the contract is concluded when the order form reaches the Company's server;

- once the order form is received, the Company will send you an order confirmation containing:

to the email address provided.

a. information regarding the characteristics of the purchase;

b. the indication of the price;

c. an indication of the means of payment used;

d. an indication of the delivery charges;

e. an indication of delivery charges and any additional costs.

f. the summary of billing and shipping information.

Article 5. Availability of Products

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5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.

5.2 There is information within the Site regarding the availability of each Product.

5.3 You will be informed in the event that the Product ordered is unavailable. In this hypothesis You will be entitled to terminate the purchase contract in accordance with and to the effects of the provisions of Article 61, IV and V paragraph, of the Consumer Code.

5.4 Alternatively, You may accept:

- the Company will offer a discount coupon to be spent on purchases on the Site. The amount of the discount voucher, the period within which it can be used, and any limitations will be announced by the Company from time to time.

5.5 If a request is made for a refund of the amount paid for the purchase of Products that later prove to be unavailable, the Company shall make the refund within a maximum period of 10 days.

5.6 In the event that you make use of the right of termination under Art. 61, IV and V paragraphs, Consumer Code, the contract shall be terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional costs, as resulting from the order (Total Amount Due) has already taken place, the Company will make a refund of the Total Amount Due in accordance with the provisions of the article "Payment Methods".

Art. 6. Information Sheet

6.1 Each product is accompanied by an information page explaining its main features (Information Sheet). The images and descriptions on the Site reproduce as closely as possible the characteristics of the Products. The colors of the Products, however, may differ from the actual colors due to the settings of the computer systems or computers you use to view them. The Product images in the Information Sheet, moreover, may differ in size or in relation to any ancillary products. Such images should therefore be understood as indicative and within the tolerances of use.

Art. 7. Prices

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7.1 All prices of the Products published on the Site are inclusive of Value Added Tax.

7.2 The Company reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price charged to you will be the price indicated on the Site at the time the order is placed and that any changes (upward or downward) after the transmission of the order will not be taken into account.

7.3 Shipping charges, if any, shall be expressly and separately stated in the order form, before you proceed with the transmission of the same.

Art. 8. Purchase orders

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8.1 The Company will ship the Products only after receiving confirmation of authorization for payment or upon credit of the Total Amount Due. Ownership of the Products will transfer to you upon shipment, which shall be deemed to be the time of delivery of the Product to the carrier. On the other hand, the risk of loss of or damage to the Products, due to causes not attributable to the Company, shall be transferred to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products.

8.2 The Purchase Agreement is terminably conditioned upon your failure to pay the Total Amount Due. Unless otherwise agreed to in writing with You, the order will be cancelled accordingly.

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Art. 9. Methods of payment

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9.1 The following payment methods are allowed on the Site:

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- Payment card

- PayPal

- Bank transfer.

- Apple pay.

- Google pay.

9.2 The Company accepts credit cards from the following circuits:

- VISA

- MasterCard (Cirrus Maestro)

- American Express

- iDEAL

- Bancontact

These are, in each case, indicated in the footer of each page of the Site.

On the Site You will have the ability to authorize the storage of the payment card information entered and its reuse for payment of subsequent purchases on the Site. You will be able to revoke your authorization to reuse your payment card information for subsequent purchases by following the instructions on the Site.

You will be charged only after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued authorization for the charge.

The confidential payment card data (card number, cardholder, expiration date, security code) is encrypted and transmitted directly to the payment processor without transiting through the servers the Company uses. The Company, therefore, never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.

Your charge will be made when your order is transmitted.

9.3 You can also make purchases on the Site using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided for and governed by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Company. Therefore, the latter is not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected with that account.

In the case of payment by PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the contract is concluded through the Site. In case of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to You will be credited to the PayPal account of the same. The timing of crediting to the payment instrument linked to such account depends solely on PayPal and the banking system. Once the crediting order has been arranged in favor of such account, the Company shall not be liable for any delay or omission in crediting the refund amount, to dispute which you should contact PayPal directly. Any type of refund to be made under these Terms and Conditions will be credited to your PayPal account.

9.4 If You intend to choose cash on delivery as a means of payment, please note that an additional charge of €4.50 will be applied to the entire shipment, or the different amount indicated from time to time on the Site. In the event that you choose to pay by cash on delivery, at the time of delivery of the Products you must have in cash the amount indicated in the purchase order (since the courier is not authorized to accept checks and cannot give money in change): failing that, the purchase contract will be considered terminated by right pursuant to and for the purposes of art. 1456 c.c. You will be notified of the termination of the contract and the consequent cancellation of the order. Any reimbursement to be made pursuant to these General Terms and Conditions of Sale will be arranged by bank transfer to the bank details you have provided.

9.5 In the event that you choose bank transfer as the method of payment, the Company, upon receipt of your order, will notify you by email of the bank details and the deadline for making the transfer. The email may contain a request to email the receipt of the transfer made or the confirmation of the making of the same.

In the case of payment by bank transfer, the delivery time of the Product indicated in the Product Sheet and/or on the Site, will start from the date of receipt of the bank transfer by the Company and not from the date of transmission of the order, as is the case if you choose other methods of payment.

You are requested to indicate in the reason for the transfer the following data:

- the order reference number.

From the submission of the order You must arrange payment within 3 business days. If you fail to do so, the Company reserves the right to cancel your order within the next 3 business days.

Art. 10. Delivery of Products

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10.1 There are no limitations on delivery, except in cases that may be indicated on the Site and/or in the Product Sheet.

10.2 Shipping charges are from time to time indicated on the Site and/or the Product Sheet.

10.3 From the date the order is placed, the Products will be delivered within 4 days. In the event of failure to specify a specific delivery period, it will be made, in any event, within thirty days from the date of conclusion of the contract.

10.4 It is your responsibility to verify the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage of the Product, due to causes not attributable to the Company is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Company recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, you should promptly notify the Company. This is without prejudice, in any case, the application of the rules on the right of withdrawal (if any for the Product) and the legal guarantee of conformity.

Art. 11. Right of withdrawal

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11.1 In the event of a purchase on the Site, unless otherwise indicated, the right of withdrawal, provided for in Article 52 of the Consumer Code, is excluded, pursuant to Article 59 of Legislative Decree: 21/2014, as on the site are sold:

- Products that are likely to deteriorate or expire quickly;

- Sealed products that are not suitable for return for hygienic or health protection-related reasons or that have been opened after delivery.

With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that these include all food Products (including wines, spirits and beverages), as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to the Company and put back on the market without danger to the health of consumers.

11.2 If you are a consumer, you have the right to withdraw from the contract for the purchase of the Product without having to provide any reasons and without incurring any costs other than those provided for in this article within the period of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

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a. in the case of an order for a single Product, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;

b. in the case of a Multiple Order with separate deliveries, from the day that you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product;

c. in the case of an order for delivery of a Product consisting of multiple lots or pieces, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

11.3 To exercise the right of withdrawal, You must inform the Company, prior to the expiration of the Withdrawal Period, of Your decision to withdraw.

11.4 You have exercised your right of withdrawal within the Withdrawal Period if the notice regarding the exercise of your right of withdrawal is sent by you before the expiration of the Withdrawal Period. This notice must be sent in the following manner:

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E-mail: info@mezemer.com

Please note that since the burden of proof relating to the exercise of the right of withdrawal prior to the expiration of the Withdrawal Period is on you, it is in your best interest to use a durable medium when notifying the Company of your withdrawal.

11.5 The direct costs of returning the Products are your responsibility as well as the responsibility for the transportation of the Products.

11.6 If You withdraw from the contract, the Company will make a refund of the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Company was informed of Your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Company may suspend the refund until receipt of the Products or until you have demonstrated that you have returned the Products, whichever is earlier.

11.7 You shall be liable only for any diminution in the value of the Goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics and operation of the Product. However, the Product must be stored, handled and inspected with normal diligence and returned undamaged, complete in all its parts, fully functional, accompanied by all accessories and instruction leaflets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt. Moreover, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

11.8 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the good other than that necessary to establish the nature, characteristics and functioning of the Product, the Company reserves the right to deduct from the amount of the refund an amount equal to such decrease in value. Of the circumstance and the resulting decreased refund amount, the Company will notify you from the receipt of the Product, providing, if the refund has already been paid, the bank details for payment of the amount owed by you due to the decrease in value of the Product.

11.9 In the event that the withdrawal is not exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not entitle you to any refund. The Company will notify the user from receipt of the Product, rejecting the request for withdrawal. The Product will remain with the Company at your disposal for collection, which must be done at your expense and under your responsibility.

11.10 In the event that, one of the assumptions of the law occurring, the right of withdrawal does not apply, specific and express notice of such exclusion will be given on the Site.

11.11 In the case of partial withdrawal from Multiple Orders, the amount of delivery charges to be refunded to You will be quantified proportionally to the value of the Product being withdrawn. Therefore, if, for example, You have placed a total order of 200.00 Euro, in which two Products are included, the first of the value of 50.00 Euro and the second of the value of 150.00 Euro, and You return the Product of the value of 150.00 Euro, You will be reimbursed an amount equal to 75% of the delivery costs incurred. In any event, the amount of delivery charges to be returned shall never exceed the amount actually paid.

Art. 12. Legal Warranty

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12.1 All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for in articles 128-135 of the Consumer Code (Legal Guarantee).

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To whom it applies

The Legal Warranty is reserved for consumers. It, therefore, finds application, only to users who have made the purchase on the Site for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity carried out, if any.

When it applies

The Company is liable to the consumer for any lack of conformity of the Product and which becomes apparent within two years after such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.

Unless there is evidence to the contrary, it shall be presumed that defects of conformity arising within six months after delivery of the Product already existed on that date, unless such assumption is inconsistent with the nature of the Product or the nature of the defect of conformity. From the seventh month after delivery of the Product, on the other hand, it will be the consumer's burden to prove that the lack of conformity already existed when the Product was delivered.

To be eligible for the Legal Warranty, the consumer must therefore first provide proof of the date of purchase and delivery of the good. It is therefore appropriate for the consumer, for the purpose of such proof, to retain the purchase invoice or any other document that can attest to the date the purchase was made (e.g., payment card statement) and the date of delivery.

In the event of termination of the contract, the Company will refund to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In case of price reduction, the Company will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

The Company shall not be liable in case of damages, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from fortuitous event or force majeure.

Art. 13. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

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13.1 Purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence.

13.2 Please note that in the case of a consumer user, the court of the place where the user resides or has elected domicile shall have jurisdiction for any dispute relating to the application, execution and interpretation of this document.

13.3 Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who holds the status of consumer under Article 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to the Company, as a result of which it has not, however, been possible to resolve the dispute thus arising, the Company will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (cc. d.. ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), stating whether or not it intends to use such bodies to resolve the dispute itself.

13.4 The Company also informs the user who holds the status of consumer as defined in Article 3, paragraph 1, lett a) of the Consumer Code that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and initiate an online dispute resolution procedure in which he/she is involved.

13.5 The consumer user's right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law shall in all cases be unaffected, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set forth in Part V, Title II-bis Consumer Code.

13.6 Users residing in a member state of the European Union other than Italy, may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.

Art. 14. Customer service and complaints

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14.1 You may request information, send communications, request assistance, or file complaints by contacting the Company in the following ways:

- by completing and submitting the form available at the following link "https://www.mezemer.com/pages/contact-us"

- by e-mail, to the following address: info@mezemer.com

- by phone, at the following number: +355 69 3630937.

The Company will respond to complaints submitted within 3 working days of their receipt.