General Terms and Conditions of Sale

The offer and sale of products on our website www.makadamia.it/en (hereinafter, the “Website”) are governed by these General Terms and Conditions of Sale.

Products purchased on the Website are sold directly by Makadamia S.r.l., with registered office in Italy, Via San Donato, 82 Bologna (Bo), registered in the Companies Register, Tax Code and VAT number 03878671209, share capital Euro 20,000.00 fully paid-in (hereinafter, “Makadamia” or the “Seller”).

You may request any information from Makadamia through our customer service: contact Customer Service at customer@makadamia.it.

1. Our commercial policy

1.1 The Seller offers products for sale on the Website and conducts its e-commerce business exclusively towards its end users who are “consumers”, meaning natural persons acting on the Website for purposes unrelated to their commercial, entrepreneurial, or professional activities, if any.

1.2 In light of its commercial policy, the Seller reserves the right not to process orders from parties other than “consumers” or, in any case, orders that do not comply with its commercial policy.

2. Conclusion of the contract with Makadamia

2.1 To conclude a purchase contract for one or more products on the Website, you must fill in the electronic order form and transmit it to the Seller electronically, following the relevant instructions.

2.2 The order form refers to these General Terms and Conditions of Sale and includes a summary of the essential characteristics of each product purchased, its price (including all applicable taxes or duties), the payment methods available, delivery methods and costs, information on the right of withdrawal, and the procedures and deadlines for returning purchased products. We invite you to carefully read these General Terms and Conditions of Sale and the Privacy Policy before confirming your order. You may consult and print these terms at any time through the Website.

2.3 The contract is concluded when the Seller receives your order form electronically, after verifying the accuracy of the data therein. Once the contract is concluded, meaning once you have sent your order form, it will not be possible to modify or cancel the order except in cases approved by Customer Service. If you need support, please contact Customer Service at customer@makadamia.it.

2.4 The order form will be stored in our database for the time necessary to process the orders and in accordance with legal requirements, as outlined in the Privacy Policy. If you are a registered user, you can access your order form by logging into your User Area.

2.5 Once the contract is concluded, Makadamia will take charge of your purchase order. The Seller reserves the right not to process orders that are incomplete or incorrect, in the event of product unavailability, or if the shipment is not accepted by the courier. In these cases, we will notify you by email, specifying the reasons, within thirty (30) days from the day following the transmission of your order. If you have already paid for the order, the Seller will refund you using the same payment method you used to make the purchase.

2.6 By transmitting the order form electronically, you unconditionally accept and undertake to observe these General Terms and Conditions of Sale and the Privacy Policy, as well as any other conditions available on the Website, in your relations with the Seller.

2.7 Once the contract is concluded, the Seller will send you an order confirmation receipt by email, containing a summary of the information included in the order form (General Terms and Conditions of Sale, product essential characteristics, detailed price information, payment methods, and delivery costs).

3. Product warranties and price information

3.1 The Website offers exclusively high-quality food products (such as dried fruit, dried fruit mixes, and seeds). These products are purchased directly by the Seller from carefully selected producers and suppliers, chosen for their strict quality controls.

3.2 The Seller does not sell used, irregular, or lower-quality products than the market standards. As a “consumer”, you are entitled to the legal warranty of conformity, which guarantees that the products conform to the sales contract. If, despite Makadamia’s efforts, the product you receive is defective or does not conform to what is described on the Website at the time of purchase, please inform us promptly by contacting Customer Service at customer@makadamia.it for assistance in accordance with applicable law.

3.3 The essential characteristics of the products are presented on the Website within each product page. However, the images and colors of the products offered for sale may not exactly correspond to the real ones due to the Internet browser or monitor used.

3.4 Product prices may be subject to updates. Please make sure of the final sale price before submitting the order form. In any case, the order form will display the actual price before proceeding with payment.

3.5 Purchase requests from countries not included among those displayed on the order confirmation page cannot be accepted by the Seller.

4. Payments

4.1 You may pay for the products and related shipping and delivery costs using one of the payment methods indicated in the order form.

4.2 In case of payment by credit card, financial information (e.g., credit/debit card number or expiration date) will be forwarded via encrypted protocol to Paypal.sa or other banks providing remote electronic payment services, without third parties having any access. Such information will only be used by the Seller to complete your purchase, issue refunds in case of product returns due to exercising your right of withdrawal, or when it is necessary to prevent or report fraud to the police, in accordance with the Privacy Policy.

4.3 The purchase price and shipping costs, as indicated in the order form, will be charged to your account or payment method at the time of shipment.

5. Product shipping and delivery

5.1 Currently, shipments are handled by National Express Courier, and delivery takes approximately 2–3 business days from the order date. For islands and remote areas, an additional 1–2 days may be required.

5.2 The standard shipping cost is €5.8. An additional fee of €15.0 applies to shipments to Venice and minor islands, including (but not limited to): Anacapri, Barano D’Ischia, Campo Nell’Elba, Capoliveri, Capraia Isola, Capri, Carloforte, Casamicciola Terme, Favignana, Forio, Ischia, Isola Caprera, Isola Del Giglio, Isole Tremiti, La Maddalena, Lacco Ameno, Lampedusa e Linosa, Leni, Lipari, Malfa, Marciana, Pantelleria, Ponza, Porto Azzurro, Portoferraio, Procida, Rio Marina, Rio Nell’Elba, Santa Marina Salina, Serrara Fontana, Ventotene.

5.3 Shipping is free for orders over €40.00.

5.4 It is not possible to change the shipping address after the purchase has been completed and confirmed.

6. Customer service

6.1 You can request any information through our customer service: contact Customer Service via email at customer@makadamia.it. For further details, you can also access the Customer Service area.

7. Right of withdrawal

7.1 You have the right to withdraw from the contract with the Seller, without penalty and without providing any reason, within fourteen (14) calendar days from the date of receiving the products purchased on the Website, except for certain categories defined as highly personalized. Specifically, the right of withdrawal does not apply to products purchased in the “Create Your Mix” section, as these are customized and tailor-made goods.

7.2 To exercise the right of withdrawal, you must use the Return Form, which can be requested by contacting our Customer Service at customer@makadamia.it. The Return Form must be sent either (i) by registered mail with return receipt (A/R) to the Seller’s registered office indicated in these General Terms and Conditions of Sale, or (ii) via certified email (PEC) from your PEC address to: makadamia@legal.email.it.

7.3 Products must be returned to the Seller by delivering them to the courier without undue delay and in any case within fourteen (14) calendar days from the date you notified Makadamia of your decision to withdraw.

7.4 Return shipping costs are borne by the customer.

7.5 The right of withdrawal is correctly exercised if the following conditions are fully met:

• The Return Form must be properly completed and sent to the Seller within fourteen (14) days from product receipt;
• For hygiene and health protection reasons, products must not have been opened after delivery and must be sealed with the freshness seal intact;
• Products must be returned in their original packaging, which must be sealed as originally received;

Returned products must be delivered to the courier within fourteen (14) calendar days from the date you notified the Seller of your decision to exercise the right of withdrawal.

7.6 Upon proper exercise of the right of withdrawal, the Seller will refund the amount paid by the customer for the returned products in accordance with the procedures and terms outlined in Section 8 below.

7.7 In accordance with the above points, if you decide to exercise your right of withdrawal for an order including free items, such free items must also be returned.

8. Refund times and methods

8.1 After the Seller receives the returned products and verifies their compliance with the conditions and terms stated above, you will receive an email confirming acceptance of the returned products.

8.2 Regardless of the payment method used, the Seller will process the refund as quickly as possible and in any case within fourteen (14) days from the date on which the Seller was informed of your decision to withdraw.

8.3 If the recipient of the products as indicated in the order form differs from the party who made the payment, the refund in case of withdrawal will be made to the party who made the payment, using the same payment method used for the original purchase.

9. Account creation

9.1 To enhance the shopping experience, Makadamia offers the option to create an account and register on the Website. Through the account, you can save, edit, and manage your personal data, make purchases, and check your order status.

9.2 To create an account, Makadamia may request certain information to verify your identity. Personal data collected during registration will be processed in accordance with applicable laws and the Privacy Policy.

9.3 To finalize account creation, the customer must acknowledge and accept these General Terms and Conditions of Sale and may consent to the processing of their personal data by Makadamia for marketing, commercial information, and promotional purposes, including profiling-based activities.

9.4 You can make purchases on the Website without registering or having an account.

10. Enrollment in the Makadamia Loyalty Program

10.1 Makadamia offers the possibility to enroll in the Makadamia Loyalty Program. Users who register on the Website will automatically be enrolled in the Loyalty Program. The rules are set forth in Section 10.2 below. Customers can choose to delete their account at any time, which will also result in withdrawal from the Loyalty Program.

10.2. Makadamia Loyalty Program – hereinafter “Makadamia Loyalty Program”

1. Makadamia S.r.l., with registered office in Italy, Via San Donato, 82 Bologna, registered with the Bologna Companies Register, Tax Code and VAT number 03878671209, (“Makadamia” or the “Promoter”), has established the “Makadamia Loyalty Program” (the “Program”).
    1.1. These terms and conditions (“Regulations”) govern the methods of participation in and operation of the Program, as well as the levels that participants can achieve (individually “Level”, collectively “Levels”).

2.1. You can register with Makadamia and simultaneously join the Program by signing up on the WEBSITE www.makadamia.it/en (“Site”) by completing the relevant procedure, after having read the privacy policy and the general terms and conditions of sale. It is understood that users who have already completed registration on the Site will be automatically considered enrolled in the Program.
2.2. Registration with Makadamia and participation in the Program are free of charge.
2.3. For the purposes of enrolling in the Program, Makadamia will make these Regulations accessible to all registered participants on the Site via a link included in the General Terms and Conditions of Sale.
2.4. Once registered, participants can access their personal page by entering the login credentials provided at the time of Site registration. The participant is solely responsible for maintaining the confidentiality of their access credentials.

3.1. Once the Program registration procedure is completed, each participant may:

• join all the promotions organized by Makadamia during the duration of the Program;
• accumulate, starting from a date to be communicated by Makadamia (which may also precede the effective date of these Regulations), points useful for reaching Levels (“Points”);
• access the Levels;
• access their personal profile to:
   (i) view the balance of Points possibly accumulated during the Program;
    (ii) see any dedicated offers;
    (iii) request any rewards and benefits available or earned through participation in the Program.

3.2. Makadamia reserves the right, by notifying participants, to introduce additional methods for accumulating Points. These Points will contribute to assigning the participant a Level that entitles them to exclusive services and differentiated benefits, specifically indicated on the Site.

4.1. The Program provides different Levels based on the number of Points accumulated; to reach or maintain each Level, the participant must accumulate a certain number of Points.

4.2. Unless otherwise provided in paragraph 4.3 below, upon registration on the Site and in the Program, the Bronze Level will be assigned.

4.3. Users who, at the effective date of these Regulations, were already registered on the Site, pursuant to Art. 2.1 above, will be assigned the Bronze Level and zero Points at Makadamia’s discretion, it being understood that the provisions of the Regulations will subsequently apply.

4.4. If a participant obtains a sufficient number of Points to access a Level higher than their current one, they will automatically be granted the new Level, along with the related benefits.

4.5. Points will be calculated as follows: €1.00 spent on orders placed on the Site equals 1 Point for the Program. Points accumulated and the corresponding Level visible in the user’s personal profile on the Site will refer continuously to the 365 days preceding the consultation date (by way of example, the Points and Level visible to the user in the personal profile on the Site on March 20, 2025, will refer to orders placed from March 20, 2024). Makadamia therefore reserves the right to update users’ Levels based on their Points history from the past 365 days.

4.6. Makadamia informs that the following scheme will apply for Points and Levels:

• Bronze Level: 0 to 100 Points;
• Silver Level: 101 to 300 Points;
• Gold Level: 301 to 500 Points;
• Platinum Level: from 501 Points onwards

5. Each participant may withdraw from the Program at any time and free of charge by deleting their account from the ‘Account Details’ section within their profile (HERE).

6. Personal Data will be processed in accordance with the Privacy Policy available on the Site, in compliance with Regulation (EU) 2016/679 and applicable national data protection laws.

11. Privacy

11.1. You can obtain information on how we process your personal data by accessing the Privacy Policy.

11.2. We also invite you to read, if you have not yet done so, our General Terms of Use as they contain important information on how we handle our users’ personal data and on the security systems adopted.

11.3. For any other information regarding our Privacy Policy, you can send requests to the following email address: customer@makadamia.it or to our registered office address indicated in these General Terms and Conditions of Sale.

12. Liability

12.1. Browsing and using the Site are at your sole responsibility. Makadamia shall not be liable for any damages arising from accessing or using the Site and the information contained therein. Makadamia may temporarily suspend access to the Site for technical reasons, without this giving rise to any claim for compensation.

12.2. Under no circumstances shall Makadamia be held liable for any information on the Site not published by Makadamia; any network malfunctions preventing the Site from working properly; any software malfunctions; any consequences resulting from computer viruses, bugs, anomalies, or malfunctions.

12.3. Moreover, Makadamia shall not be liable for any delay or failure to comply with obligations set out in these General Terms and Conditions of Sale if the delay or failure results from unforeseeable circumstances or force majeure, without prejudice to your rights under the law.

12.4. Orders placed on the Site are intended exclusively for consumers and the country in which the order is placed. Makadamia hereby declines any responsibility for products placed outside the countries where shipments are made, with reference to applicable export and import regulations and restrictions.

13. Intellectual Property

13.1. All content on the Site, including graphics, images, logos, layouts, icons, texts, software tools, data collections, and other information, is the exclusive property of Makadamia.

13.2. It is strictly forbidden to store, copy, distribute, publish, or use parts of the content on the Site without prior written authorization from Makadamia.

14. Applicable Law and Dispute Resolution

14.1. The General Terms and Conditions of Sale are governed by Italian law.

14.2. Any dispute shall be subject to the exclusive jurisdiction of the Court of Bologna. However, as a consumer, you may bring proceedings before the Court of Bologna or the court of the EU member state in which you are resident or domiciled to resolve a dispute related to these General Terms and Conditions of Sale. For consumers residing or domiciled in an EU member state, the European Commission also provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/. For further information, please contact Makadamia Customer Service at customer@makadamia.it.

15. Amendments and Updates

15.1. Makadamia reserves the right to amend and update these General Terms and Conditions of Sale at any time, also in consideration of possible regulatory changes or to reflect modifications to Makadamia’s services or products. The new General Terms and Conditions of Sale will be effective from the date of publication on the Site. In the event of substantial changes to these General Terms and Conditions of Sale, Makadamia will send a communication via email to registered users and account holders on the Site with reasonable advance notice.

15.2. Should any provision of these General Terms and Conditions of Sale be deemed invalid, void, or for any reason unenforceable, such provision shall not affect the validity and enforceability of the remaining provisions.