General Terms & Conditions for Consumers (Version: 08.04.2019)

Welcome to Cuimani! Cuimani is an online service under the internet domain www.cuimani.com from Cuimani SRL (hereinafter known as “CUIMANI SRL” or “Provider”), located at Via Sorce Giuseppe Frangiamore 18, 93014 Mussomeli, Italy. Cuimani enables registered users (hereinafter singular “User” and plural “Users”) to buy extra virgin olive oil and to consume digital content about the world of olive oil.

You (hereinafter known as the “User”) can find further information in our Legal disclaimer.

These General Terms & Conditions (hereinafter known as “GTC”), in conjunction with any applicable supplementary conditions pursuant to para. 5, provide the final legal framework for all Cuimani services intended for consumers. Deviating and supplementary provisions only apply if expressly agreed upon.

These GTC applicable in equal measure to both basic registered users who do not purchase any product (hereinafter known as “Basic Contract”), and to users who purchased Cuimani Olive oil and have registered to do so (hereinafter known as “Premium Contract” ) from Cuimani SRL.

1. Offered Services, Scope of Application

1.1 CUIMANI SRL is the producer of extra virgin olive oil IGP Sicilia under the brand “Cuimani, out of the hands of sicily”. 

• Cuimani SRL produces 3 product lines (hereinafter known as the “the products”):
• Chef - Extra Virgin Olive Oil, IGP SICILIA
• Vita - Extra Virgin Olive Oil, IGP SICILIA
• Classico - Extra Virgin Olive Oil, IGP SICILIA

• Cuimani distributes its products via online and offline channels. 
• This GTC applies exclusively to online purchases via Cuimani.com.
• Cuimani.com is an online platform that allows you to purchase Cuimani products and to discover more about its Brand and the world of olive oil, with a special focus on the olive oil produced in Sicily.

1.2 Some features and content are available to the user free of charge, without any previous purchase, without any subscription. Other services require the user to purchase one of the Cuimani products, or to register as a user: these are clearly identified as services with regulated access and may be used against payment of the respective charges or prices.

1.3 These GTC and the services regulated by them are exclusively intended for Users who act as consumers. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employment. For all other contracting parties other terms and conditions apply.

2. Creation of a User Account and Conclusion of the Contract

2.1 The User can create a basic user account at Cuimani for free. For this he must enter his first name, last name, password, and his email address in the registration form, determine a freely selectable password, and accept these GTC. Further data can be specified after creating the user account via the personal profile page. Each User may register only once. The only prerequisite for opening a user account is that the User may not be a minor.

2.2 After submitting the completed registration form, the User will receive an automatically generated email with a hyperlink enabling them to authenticate via the email address.

2.3 The User is required to choose a sufficiently secure password and keep this secret. As soon as the User becomes aware or should have been become aware that access to his password has been obtained by a third party, he must change the password immediately.

2.4 Cuimani SRL will communicate with the User primarily via his email address given in the registration form and in particular can inform him of any declarations of intent (e.g. terminations) that are relevant to the contract. The User can inform Cuimani SRL at any time about a current email address.

3. Basic Contract - Users who register and do not buy any product

3.1 After creating a user account, the use of some basic features is available (“Basic Contract”). 

3.2 Basic contracts can be terminated at any time with a notice period of 14 days.

4. Premium Contract - One-off and Subscription Purchase

4.1 In addition, CUIMANI offers the possibility to buy its physical products (“Premium Contract”) according to different price and lifetime models (e.g. one-off or subscription). Insofar as prices are quoted on Cuimani.com, these are understood to include applicable statutory VAT.

4.2 Under the menu item “Our Products” on the website, the User will find an overview of the Premium Contracts that can be booked for the User. By booking a Premium Contract, the user can buy a physical product and receives access to online content within the framework of the respective Premium Contract for the entire contract lifetime.

4.3 The billing type, price and contract lifetime are each listed as part of the ordering process and are fully summarized before completion of the order. The Premium Contract takes effect upon clicking the button “Pay now” (or similar).

4.4 Premium Contracts are concluded for the fixed-term lifetime chosen by the User. Costs for the entire lifetime are due upon conclusion of the contract.

6. Lifetime, Renewal and Termination of Contracts

6.2 Unless otherwise stated at the time of contract conclusion, Premium Contracts with subscription option are subscriptions which automatically renew for the respective contractually agreed term (e.g. 3, 6 or 12 months) unless the user or CUIMANI SRL terminates the respective Premium Contract up to 10 days before expiry of the contract lifetime respective. Fees for renewal periods will also be charged in advance. All contracts can be terminated at the end of the respective term.

6.3 Premium Contracts with one off option, which are acquired by “one-time payment”, are expressly designated as fixed term. If they are limited, the contract ends with the expiry of the term, without the need for termination.

6.4 Contracts can be terminated in the user profile on the website. The exact procedure can be found on the following page under “How can I terminate my recurring subscription?”: https://www.cuimani.com/pages/easy-faqs 

6.6 The right to termination for cause remains unaffected.

8. Payment Modalities

8.1 Unless otherwise stated in the order process, Premium Contracts are payable in advance for the entire contract period.

8.2 Payment can be made through any of the payment methods detailed on the website at no additional charge. As part of the payment process, Cuimani SRL commissions an external payment service provider to process the payment data entered by the User.

8.3 After selecting the desired payment system, the User enters his required data in the appropriate data fields. The commissioned payment service provider is entitled to receive payments for CUIMANI SRL. CUIMANI SRL reserves the right to restrict the payment systems offered.

8.4 For SEPA-based direct debits, a shortened pre-notice period of 2 calendar days in Germany, Austria and Spain, and 5 calendar days in other countries, is hereby agreed.

8.5 Invoicing takes place digitally. Invoicing in paper form is waived. Current invoices are uploaded onto the website and can be viewed in the customer’s own profile at https://www.cuimani.com/account/login. After payment, invoices might become unavailable in some cases.

8.6 Premium Contracts can also be claimed by redeeming a matching coupon. When services are purchased through coupons, they are solely available for the limited period of time determined by the coupon. There is no further obligation to pay. Invoicing is not performed.

9. Right of Cancellation and Returns

RIGHT OF CANCELLATION

You have the right to withdraw from this contract within 14 days without giving a reason. The cancellation period is 14 days from the day of the conclusion of the contract. To exercise your right of cancellation, you must inform (CUIMANI SRL, Via Sorce Giuseppe Frangiamore 18, 93014 Mussomeli, Italy, Email: info@cuimani.com) by means of a clear statement (e.g. letter sent by post, fax or email) about your decision to cancel this contract. 

To maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of Cancellation

If you withdraw from this contract we will repay the payments we have received from you in the given contract, including delivery charges (except for the additional costs arising from choosing a different delivery method than the best standard delivery we offer have) at the latest within 24 days from the date on which the notification of your cancellation of this contract was received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; in no case will you be charged for this repayment of fees.

• In the case you have purchased a product and the product has not been shipped yet, we will block the delivery and we will repay you the 100% of what you have paid.
• In the case you have purchased a product, and the product has been shipped, we will repay you the 100% of what you have paid after the product has been returned. In this case, the Return policy (see following paragraphs) applies. 

ELIGIBILITY FOR RETURNS

• To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. 

• Several types of goods are exempt from being returned. Perishable goods such as other food, flowers, newspapers or magazines cannot be returned if included in one of the Premium Contracts. 

Additional non-returnable items: 

• Gift cards 

To complete your return, we require a receipt or proof of purchase. 

There are certain situations where only partial repay is granted (if applicable):

• Any item not in its original condition, is damaged or missing parts for reasons not due to our error.

• Any item that is returned more than 30 days after delivery 

Refunds OF RETURNS  (if applicable) 

• Once your return is received and inspected, we will send you an email to notify you that we have received your returned item.
• Returns must be sent to Cuimani SRL, Via Sorce Giuseppe Frangiamore 18, 93014 Mussomeli, Italy.
• Where applicable, CUIMANI SRL and the USER can agree to proceed via virtual means, such as email or video-calls, in order to inspect the damage online and avoid physical shipping
• We will also notify you of the approval or rejection of your refund via email.
• If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 24 days. 

Sale items (if applicable) 

Only regular priced items may be refunded, unfortunately sale items cannot be refunded. 

Shipping 

• To return your product, you should mail your product to: Cuimani SRL, Via S.G. Frangiamore, 18, 93014 Mussomeli CL, Italy 

• You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. 

• Depending on where you live, the time it may take for your exchanged product to reach you, may vary. 

• If you are shipping an item over €75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Confirmation of the Right of Cancellation by Services

I agree and expressly request that CUIMANI SRL commence execution of the commissioned service before the end of the cancellation period. I am aware that I lose my right of cancellation if the contract is completely fulfilled by CUIMANI SRL.

10. Website Accessibility, Limitations to Liability

10.1 CUIMANI SRL uses the current and commonly used technologies for its services. In order to fully use CUIMANI.com, the User must also use these technologies (e.g. current browser technologies) or enable their use on their computer or mobile device (e.g. activation of Java script, cookies, pop-ups). When using older or not commonly used technologies, it is possible that the User can only use Cuimani to a limited extent.

10.2 The internet services required for the use of Cuimani.com and the necessary equipment are the sole responsibility of the User with regard to the costs incurred, the availability and the security of the data connection.

10.3 The Provider expressly does not guarantee that the services offered are suitable for the specific goals pursued by the individual user.

10.4 Claims of the User for damages are excluded. This does not apply to claims for damages by the user resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages resulting from intentional or grossly negligent breach of duty on the part of CUIMANI SRL, its legal representatives or vicarious agents based. Significant contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. A “cardinal duty” or “essential contractual obligations” are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner regularly trusts and may rely.

10.5 In the event of a breach of essential contractual obligations, CUIMANI shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the user resulting from injury to life, limb or health.

10.6 The limitations of paragraphs 10.4 and 10.5 also apply to CUIMANI SRL’s legal representatives and vicarious agents if claims are asserted directly against them.

11. Indemnification

11.1 CUIMANI.com l may only be used in accordance with these GTC. In particular, Users are not authorized to:

• Reverse engineer, decompile, disassemble, modify, or create derivative works based on Cuimani.com portal.
• Circumvent protective measures that the provider or its licensors use to protect content that is accessible via Cuimani.com;
• To copy, store, edit derivative works made by Cuimani SRL, to develop derivative works based on them, or to modify them in any way;
• To lease their own user account or to grant sub-licenses;
• Sharing one’s own user account with other persons and / or granting others access to the paid services of Cuimani.com (so-called “shared account”);
• Use Cuimani.com in any other improper manner that violates these GTC.

11.2 In the under. 11.1 described cases, as well as in all other cases of improper use, the User agrees to indemnify the provider. In any case, the provider reserves the right to block user accounts without notice as soon as there is an indication of improper or abusive use and the provider has a legitimate interest in blocking.

12. Intellectual property Rights

12.1 All texts, images and other copyrightable content and works made available under Cuimani SRLl are protected by copyright. Any non-contractual use, especially for commercial or business purposes, requires the prior consent of the provider in writing.

12.2 Content specifically provided through a Creative Commons license is subject to the terms of the applicable Creative Commons license.

12.3 Any use of all trademarks, brands, designs and business names used by the provider in the context of the offer also requires the prior consent of the provider in text form.

13. Content Provided by Users

13.1 CUIMANI SRL reserves the right to evaluate all content uploaded to Cuimani.com in a completely anonymous form for the purposes of market analysis, development and statistics.

13.2 The User also undertakes to ensure that no abuse by third parties can occur via his registration data. In this context, the user is particularly obliged not to give any third party access to his registration data. In addition, the User declares that the content placed by him on Cuimani.com is free of viruses, worms, Trojans or other programs that could jeopardize or impair the functioning or the stock of Cuimani, other websites or the computers of other Users.

13.3 The User undertakes to indemnify the provider against damages resulting from an attack in accordance with the provisions of para. 13.2, to be indemnified.

13.4 CUIMANI SRL reserves the right, in its sole discretion, to exclude Users from content or block or delete content they have set up.

14. Final Clauses

14.1 The contractual relationship between CUIMANI SRL and the User is, to the extent permitted by law, subject to Italian law. If the law of the country in which the consumer is resident provides for greater consumer protection, it will remain unaffected.

14.2 -

14.3 The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.

14.4 CUIMANI SRL reserves the right to change these GTC for a material reason (e.g. due to changes in the legal situation or its own offer, technical developments and the like). This is especially true when new offers from CUIMANI SRL require new regulations.

14.5 The amended GTC are sent to the User in advance by email or by any other suitable form. If the User does not object to the amended GTC within six weeks, they shall be deemed accepted. In the event of an objection, CUIMANI SRL may block the User’s user account, with payments already made being reimbursed proportionally in proportion to the remaining term. CUIMANI will separately point out these legal consequences in the email containing the changed terms and conditions.

SECTION 8 - THIRD-PARTY LINKS  → FROM SHOPIFY

Certain content, products and services available via our Service may include materials from third-parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. 

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

 Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.