General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF ONLINE SALES
ARTICLE 1 - INTRODUCTION
1.1. These general terms and conditions of sale apply to all purchases of "A.M.A. S.R.L." branded products (hereinafter referred to as "Products") made through the e-commerce website amapure.it (hereinafter referred to as the "Website") by users classified as "consumers" pursuant to Article 2, meaning a natural person acting for purposes unrelated to any business, commercial, artisanal, or professional activity that they may conduct.
1.2. The Website is owned by A.M.A. S.R.L., an Italian company with its registered office in Carpi (MO), Via Michelangelo Buonarroti, 2 - ZIP Code 41012, VAT number and registration number with the Companies Register 03387240363 (the "Owner"). The Website is managed by Glint Company S.r.l., with its registered office at Viale Cassala 30, Milan, Italy, tax code and VAT number 11198260967, registered with the Milan Companies Register under number 02912880966 ("Glint").
1.3. Purchases of Products made through the Website involve the parties (collectively referred to as the "Parties"): A.M.A. S.R.L., acting as the seller (the "Seller"), and the consumer who purchases one or more Products for purposes that are, therefore, not related to their business, commercial, artisanal, or professional activity.
1.4. A.M.A. S.R.L. retains all rights to the Website’s domain name, logos, registered trademarks for the Products presented on the Website, and copyright over the Website and its contents.
1.5. Any communication from the Consumer regarding the purchase of Products—including notifications, complaints, or requests related to the purchase and/or delivery of Products, the exercise of the right of withdrawal, etc.—must be sent to the address and in the manner indicated on the Website or via the contact details specified in the relevant articles of these terms and conditions.
1.6. Each purchase is subject to the version of these general terms and conditions of sale that is published on the Website at the time the Consumer submits the order.
1.7. The Website is intended exclusively for consumer use. Entities that do not qualify as consumers are not permitted to make purchases through the Website. The Seller reserves the right to refuse orders that, at its sole discretion, appear to have been placed by entities not classified as consumers.
1.8. If any sale is nonetheless made to a non-qualifying Consumer, these general terms and conditions of sale shall apply, but the following exceptions shall be made:
a) The buyer shall not have the right of withdrawal as per Article 10; b) The buyer shall not be entitled to product warranties as outlined in Article 8 or any other statutory warranties; c) The buyer shall not be entitled to other consumer protection benefits provided by law.
ARTICLE 2 - DEFINITIONS
Electronic Commerce Contract: A contract for the sale of goods or services whereby the Seller, or its intermediary, offers goods or services via a website or other electronic means, and the Buyer (consumer) places an order for such goods or services through that website or other electronic means arranged by the Seller.
Sales Contract: Any contract whereby the Seller transfers or agrees to transfer ownership of goods to the Buyer, who in return pays or agrees to pay the price.
Service Contract: Any contract, other than a sales contract, whereby the Seller provides or agrees to provide a service to the Buyer, who in return pays or agrees to pay the price.
Consumer Code: The reference regulation for consumer protection, established by Legislative Decree No. 206 of September 6, 2005, as subsequently amended (hereinafter referred to as the "Consumer Code").
Buyer: The term Buyer refers to the consumer or user, a natural person acting for purposes unrelated to any business, commercial, artisanal, or professional activity they may conduct (Article 3, letter a, Consumer Code).
Seller: The term Seller refers to the natural or legal person acting in the exercise of their business, commercial, artisanal, or professional activity, or an intermediary thereof (Article 3, letter c, Consumer Code).
Manufacturer: The Manufacturer is the producer of the finished good or a component thereof (Article 115, paragraph 2-bis, Consumer Code).
Compliance with the Contract: Goods comply with the Contract when they meet, where applicable, the following conditions: i) They are fit for the purpose for which goods of the same type are normally used; ii) They conform to the description and possess the qualities of the goods presented as a sample or model; iii) They exhibit the usual qualities and performance of goods of the same type, which the Buyer can reasonably expect given the nature of the goods and, where applicable, the public statements made regarding the specific characteristics of the goods by the Seller, the Manufacturer, or their agent or representative, particularly in advertising or labeling; iv) They are also suitable for the particular use desired by the Buyer, which was communicated to the Seller at the time of Contract conclusion and accepted by the Seller, even implicitly (Article 129, paragraph 2, Consumer Code).
Defective Goods: A good is defective when it does not offer the safety that one can legitimately expect, considering all circumstances, including: a) The way the good was put into circulation, its presentation, its apparent characteristics, the instructions, and warnings provided; b) The reasonable use for which the good can be intended and the behaviors reasonably foreseeable in relation to it; c) The time when the good was placed on the market. A good cannot be considered defective merely because a more advanced version has been introduced at a later time.
SALE OF PROMOTED GOODS ONLINE
3.1 Under this Contract, the Seller sells to the Buyer, who purchases via telematic means, the goods offered on the Website.
3.2 The website amapure.it presents the catalog of goods and/or services promoted online by the Seller. These goods are accurately represented on the Website.
3.3 The Seller cannot guarantee an exact and precise correspondence between the actual characteristics of the goods promoted online and their representation on the Buyer’s monitor. In the event of discrepancies between the images of goods displayed online and the related written product description, the latter shall prevail.
UPDATING THE ONLINE CATALOG – AVAILABILITY OF GOODS
4.1 The Seller ensures, through its IT system, the processing and fulfillment of orders without delay, in accordance with the procedures outlined in Article 5 of these General Terms and Conditions of Online Sales. The Seller’s electronic catalog provides real-time information regarding available and unavailable goods, as well as estimated shipping times. The Seller will confirm order registration as quickly as possible by sending the Buyer a specific confirmation (the so-called "Order Receipt") via email.
4.2 If an order exceeds available stock or is otherwise unavailable, the Seller will promptly inform the Buyer of the unavailability and, if possible, provide an estimated timeframe for availability, requesting confirmation of the order based on the updated timeline. This communication will be sent via email to info@ama-pure.it.
DESCRIPTION OF THE TECHNICAL STEPS REQUIRED TO CONCLUDE THE CONTRACT
5.1 The Contract between the Seller and the Buyer will be concluded exclusively online. Upon accessing the e-Shop, the Buyer must follow the procedures/instructions indicated to formalize the purchase of goods and/or services by completing the forms provided by the Seller. To proceed with an online purchase, the Buyer must select the desired goods and/or services individually, adding them to the cart configured by the Seller. Once the desired items have been selected, the Buyer will be required to finalize their cart and submit the list of selected items to the Seller. Before submitting the order, an overview will be displayed for confirmation, including details on selected goods and/or services, their prices, and available delivery, shipping, and payment options. By confirming the order, the Buyer agrees to review and validate their personal details, selected goods/services, prices, shipping costs, and any additional charges, along with the chosen payment method, delivery address, and other required information. The order confirmation format will inform the Buyer about the contract execution timeframe and highlight their right of withdrawal and other legal entitlements. After reviewing the order details, the Buyer must click the interactive button at the bottom of the web page labeled "Confirm Purchase Order with Obligation to Pay," thereby submitting the order to the Seller.
5.2 The online publication of goods and/or services on the Website constitutes a mere invitation to offer, allowing the Buyer to submit a purchase proposal. In this sense, the Buyer’s confirmed order represents a contractual proposal, subject to these General Terms and Conditions of Online Sales, which the Buyer acknowledges and accepts. The properly completed and verified order confirmation will be acknowledged by the Seller via receipt sent to the Buyer’s email address, solely to confirm its receipt in the Seller’s IT system, which will then begin processing the order, verifying the Buyer’s information and the availability of requested items. The Seller’s receipt does not constitute acceptance of the purchase proposal. This receipt, which includes an "Order Number" to be referenced in all communications with the Seller, will restate all legally required information, along with the details mentioned above. The Buyer must verify this information and promptly inform the Seller of any necessary corrections. If any errors are detected in pricing or product descriptions, or if an item is found to be unavailable, the Seller will promptly notify the Buyer, inviting them to either correct the order or place a new one after canceling the previous order, according to instructions provided by the Seller.
5.3 The Seller reserves the right to accept or reject the Buyer’s order without the Buyer being entitled to any claims or compensation for non-acceptance. The Contract will only be deemed concluded when the Seller sends a separate email (or message through the Website’s communication center or equivalent channel) accepting the purchase proposal. This email will also include shipping details and the estimated delivery date (the "Shipping Confirmation"). If an order is fulfilled in multiple shipments, the Buyer may receive separate Shipping Confirmations. The Buyer may cancel the order before receiving the Shipping Confirmation, provided that the order has not yet been prepared for shipping. In this case, no charges will apply. However, the Buyer retains the right of withdrawal under the terms and conditions specified in Article 10.
5.4 Payment for the order will be processed only when the goods are shipped. Once payment is received, the Seller will issue the relevant tax document.
5.5 The Contract will not be deemed concluded and will remain void if the procedures outlined in this article are not strictly followed.
5.6 For any errors, typos, or issues in completing online forms, or for any other problems related to the purchasing process, the Buyer is encouraged to promptly contact the following email address: info@ama-pure.com.
PAYMENT OF THE PRICE, TAXES, AND ANY ADDITIONAL CHARGES
6.1 The Buyer agrees to pay the price of the purchased goods online within the timeframes and methods indicated on the Website.
6.2 The prices of goods promoted on the Website, as well as any other costs related to the invitation to offer, are expressed in Euros.
6.3 Prices include VAT and all other applicable taxes. Shipping costs and any additional charges, such as customs clearance fees, if applicable, are not included in the sale price but will be indicated and calculated by the Seller during the purchase process before the order confirmation is submitted. These costs will be specified in the order summary (Order Receipt).
PAYMENT METHODS, TIMING, SECURITY, AND REFUNDS
7.1 The payment for goods/services purchased online shall be made using the method selected by the Buyer from among those expressly accepted by the Seller and clearly specified in the corresponding section of the website amapure.it. The use of these payment methods does not entail any additional costs for the Buyer, except for any expenses incurred by the Seller, which will be duly documented and communicated to the Buyer.
7.2 Any refunds to the Buyer will be credited using one of the methods offered by the Seller and chosen by the Buyer. In the case of withdrawal, the refund will be processed within a maximum of 14 (fourteen) days from the date on which the Seller receives formal notice of the withdrawal. However, the Seller reserves the right to withhold the refund until the returned goods have been received or until the Buyer provides sufficient proof of having returned them.
7.3 All communications regarding payments occur via an encrypted line, ensuring the secure storage of such information and compliance with current personal data protection regulations.
DELIVERY METHODS AND TIMING
8.1 The Seller undertakes to deliver the ordered goods without undue delay, and in any case, no later than 30 (thirty) days from the conclusion of the Contract, using the methods specified on the website or, alternatively, as chosen by the Buyer.
8.2 If the Seller is unable to ship the goods within the period mentioned in the previous clause, they will promptly notify the Buyer via email or telephone, using the contact details provided during online registration and order submission.
STORAGE/ARCHIVING OF CONTRACTUAL DOCUMENTS
9.1 Pursuant to Article 12 of Legislative Decree 70/2003 and Articles 50-51 of the Consumer Code, the Buyer is informed that every order submitted online will be stored and archived in digital and/or paper format by the Seller, following appropriate confidentiality and security criteria. For copies or any related requests, the Buyer is invited to contact the Seller at the following email address: info@ama-pure.com.
TERMS AND CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL
10.1 The Buyer has the right to withdraw from the Contract, without penalty and without providing any reason, within 14 (fourteen) calendar days from the date on which the Buyer takes physical possession of the goods.
10.2 The right of withdrawal must be exercised by notifying the Seller at info@ama-pure.it or via Certified Electronic Mail (PEC) at ama1@legalmail.it.
10.3 The return of goods by the Buyer must take place without delay and, in any case, within 14 (fourteen) days from the date of the withdrawal notification sent to the Seller. The Buyer is solely responsible for the direct costs of returning the goods. Proper precautions should be taken when shipping, using the original packaging and wrapping or equivalent materials to ensure the integrity and protection of the goods during transport. Returns must be sent to the following address: Carpi (MO), Via Michelangelo Buonarroti, 2 - CAP 41012.
10.4 The Seller will refund the price of the returned goods within 14 (fourteen) days of receiving the withdrawal notice from the Buyer. Generally, the Seller will use the same payment method chosen by the Buyer for the initial transaction unless otherwise specified by the Buyer. In such a case, any additional costs resulting from the alternative payment method will be borne solely by the Buyer. The Seller reserves the right to withhold the refund until the goods are received or until the Buyer provides proof of having returned them.
10.5 If the returned goods are damaged or show signs of wear beyond what is necessary for proper inspection, the Seller may deduct an amount corresponding to the depreciation in value from the refund. If the returned item is damaged (e.g., scratches, scuffs, abrasions, deformations, etc.), missing any components or accessories (including labels, tags, etc.), lacking instruction manuals or original packaging, or missing warranty certificates (where applicable), the Buyer will be liable for the depreciation of the goods and will only receive a refund equal to the residual value of the item.
10.6 Upon receiving the withdrawal notification from the Buyer, all contractual obligations will be terminated, except as provided in this Article.
CONFORMITY WARRANTY, REPORTING, AND REMEDIES ACTIVATION; OTHER WARRANTIES
11.1 The Buyer is guaranteed the conformity of the goods to the Contract for a period of two (2) years from their delivery. Unless proven otherwise, any conformity defects that become apparent within six (6) months from the delivery date are presumed to have already existed at that time, unless this is incompatible with the nature of the goods or the specific conformity defect in question.
11.2 In the event of non-conformity of the goods with the Contract, the Buyer may request, at no additional cost, the repair or replacement of the purchased goods, a price reduction, or the termination of the Contract, unless the request is objectively impossible to fulfill or excessively burdensome for the Seller under Article 130, paragraph 4, of the Consumer Code. If repair or replacement is impossible or excessively costly, or if the Seller fails to carry out repair or replacement within the agreed timeframe, or if the previous repair or replacement has caused significant inconvenience to the Buyer, the latter may choose between a price reduction or termination of the Contract.
11.3 The Buyer loses any rights related to the conformity of the goods to the Contract if they fail to report the detected defect to the Seller within two (2) months from the date of its discovery. This deadline does not apply if the Seller has explicitly recognized the defect or has intentionally concealed it. In any case, the report must specify the detected non-conformity, include at least one photograph of the defective item, and be accompanied by the Seller's fiscal receipt proving the purchase.
11.4 The Buyer must submit the report and related requests to one of the following contacts: i) Carpi (MO), Via Michelangelo Buonarroti, 2 - ZIP Code 41012, for communications via Registered Letter with Return Receipt; ii) via certified email (PEC) to ama1@legalmail.it; or via regular email to info@ama-pure.it. Upon receipt of the report/request and related documentation, the Seller will assess the reported non-conformity and, after conducting the necessary checks, will authorize or deny the return of the item by providing the Buyer with a "Return Code," sent via email to the address provided at the time of order submission. Authorization to return the goods does not constitute recognition of non-conformity. The returned item—if authorized by the Seller—must be sent to the expressly indicated address, along with a copy of the return authorization containing the "Return Code," and in full compliance with the precautions outlined in Article 10.3.
11.5 If the Seller is required to reimburse the Buyer, either fully or partially, for the purchase price, the refund will be made, where possible, using the same payment method used by the Buyer at the time of purchase, or alternatively via bank transfer. The Buyer is responsible for providing the Seller, at the time of the report/request, with the necessary bank details to facilitate the refund.
NON-ATTRIBUTABLE BREACHES – UNAUTHORIZED PAYMENTS
12.1 The Seller is not liable for non-performance or delayed execution of the Contract if caused by force majeure, unforeseeable circumstances, or other events beyond the Seller’s control.
12.2 The Seller assumes no responsibility for any fraudulent, unlawful, or irregular use of credit cards, checks, or other payment methods resulting from negligent or willful misconduct, even of slight negligence, by the Buyer regarding their obligations of safekeeping and timely notification to the issuing entity of the payment methods.
DEFECTIVE PRODUCTS, COMPENSABLE DAMAGES, AND BURDEN OF PROOF
13.1 The Manufacturer is liable for damages caused by defects in goods marketed/sold through the Website. Pursuant to Article 116 of the Consumer Code, the Seller is responsible for damages caused by defective goods if they fail to communicate the identity and address of the Manufacturer or intermediary who supplied the goods within three months of the request.
13.2 The injured party may claim compensation for damages resulting from death, personal injury, or the destruction/deterioration of property other than the defective product, provided it is normally intended for private use or consumption and was used accordingly. Pursuant to Article 123 of the Consumer Code, damages to other property will be compensable only if they exceed €387.00 (three hundred eighty-seven euros). In any case, the injured party must prove the defect, the damage, and the necessary causal link between the defect and the damage suffered.
13.3 The damage claim must be submitted in writing and specify the defective product, the date, and place of purchase. If still available, the injured party must present the defective product following the Manufacturer’s or Seller’s instructions.
13.4 Compensation will be denied if the injured party, despite being aware of the defect and associated risks, voluntarily exposed themselves to it. If the injured party’s negligence contributed to the damage—which could have been avoided with ordinary diligence—the compensation may be reduced or denied in proportion to the fault attributable to the victim.
13.5 No liability is assumed for damages caused by defective goods if the defect is due to the product’s compliance with mandatory legal provisions or binding regulations or if, based on scientific and technical knowledge at the time of its circulation, the defect could not have been identified.
SPECIFIC CASES OF AUTOMATIC CONTRACT TERMINATION
14.1 Timely payment for goods purchased online, pursuant to Article 6.1 of these General Terms and Conditions of Sale, as well as payment of any additional charges and commitments under Article 6.3, are considered essential obligations of the Contract.
14.2 Unless justified by force majeure or unforeseeable circumstances, failure to fulfill these obligations will result in the automatic termination of the Contract pursuant to Article 1456 of the Italian Civil Code.
PROCESSING OF BUYER'S PERSONAL DATA (REFERENCE TO SPECIFIC NOTICES)
15.1 The Seller protects the Buyer’s personal data, ensuring full compliance with applicable regulations, including Regulation 679/2016 and relevant national laws (Privacy Code, as amended by Legislative Decree 101/2018).
15.2 Details are provided in the Privacy Policy and Cookies Policy available on the website. The Buyer is informed that personal data collected through website navigation will be processed electronically, and if necessary, in paper form, for purposes including: i) order registration; ii) contract execution and related communications; iii) legal compliance; iv) managing commercial relationships for improved service provision.
SELLER AND BUYER CONTACT INFORMATION
16.1 Official communications to the Seller, including any Buyer complaints, will be valid only if sent by Registered Letter with Return Receipt to Carpi (MO), Via Michelangelo Buonarroti, 2 - ZIP Code 41012, or via email to info@ama-pure.it or certified email (PEC) to ama1@legalmail.it.
16.2 The Buyer must provide their residence or domicile address, telephone contacts, and email address at the time of website registration or order confirmation for communications from the Seller.
AVAILABLE LANGUAGES AND CROSS-BORDER ACCESSIBILITY OF THE WEBSITE
17.1 The Website and related services are available in English.
17.2 These General Terms and Conditions of Sale are available in Italian. In case of translation into other languages, the Italian version shall prevail.
17.3 The Website is accessible from various devices worldwide and primarily promotes goods/services for the national market. Orders from non-EU countries will be accepted and processed according to specific agreements.
ONLINE DISPUTE RESOLUTION
18.1 In accordance with EU Regulation 524/2013, the Buyer may refer disputes with the Seller regarding online purchases to Alternative Dispute Resolution (ADR) entities through Online Dispute Resolution (ODR) procedures.
18.2 For more information, visit: https://ec.europa.eu/
COMPETENT JURISDICTION AND APPLICABLE LAW
19.1 Disputes between Seller and Buyer regarding the Contract shall be governed by Italian law and resolved by the competent consumer court, unless otherwise specified.
19.2 Regarding the applicable jurisdiction and governing law for the Contract, reference is made to Article 66 bis of the Consumer Code, Article 18 of EU Regulation 1215/2012, Article 6 of EU Regulation 593/2008, as well as Articles 3 and 57 of Law No. 218/1995.