Terms of service
1. Definitions
In these Terms and Conditions, the following definitions apply:
1.1 "Company", "we", "us", "our": Malupa Italia SRL, a limited liability company (società a responsabilità limitata) incorporated under the laws of Italy, operating the Webshop under the trading name Refolesco.
1.2 "Webshop": the online store operated by the Company, accessible via refolesco.com, through which Products are offered for sale.
1.3 "Customer": any natural or legal person who places an Order via the Webshop, whether as a Consumer or as a Trade Buyer.
1.4 "Consumer": a Customer who is a natural person acting for purposes outside their trade, business, craft, or profession.
1.5 "Trade Buyer": a Customer acting in the exercise of a trade, business, craft, or profession (including but not limited to restaurants, retailers, hospitality businesses, and distributors), including any Customer who has registered for a trade/wholesale account on the Webshop.
1.6 "Product(s)": the goods offered for sale via the Webshop, including Refolesco «Primo», a non-alcoholic botanical fermented beverage.
1.7 "Agreement": any agreement for the sale and purchase of Products concluded between the Company and a Customer via the Webshop.
1.8 "Order": a Customer's order for Products placed via the Webshop.
2. Identity of the Trader
2.1 The Webshop is operated by:
Malupa Italia SRL
Registered office: Via Alfonso Lamarmora 58 bis, 10128 Torino (TO), Italy
VAT number (Partita IVA): IT13494040010
Companies Register (REA): TO-1367078
E-mail: business@refolesco.com
2.2 References to "Refolesco" in customer-facing communications are references to the trading name under which the Company operates the Webshop; the Company identified in clause 2.1 is the contracting party for every Agreement.
3. Applicability
3.1 These Terms and Conditions apply to every offer made by the Company and to every Agreement concluded between the Company and a Customer via the Webshop.
3.2 Before an Agreement is concluded, the text of these Terms and Conditions is made available to the Customer in a manner that allows the Customer to store it on a durable medium.
3.3 These Terms and Conditions apply equally to Consumers and to Trade Buyers, except where a clause expressly states that it applies only to one category. Clause 11 (Right of Withdrawal), in particular, applies only to Consumers; Trade Buyers do not benefit from a statutory right of withdrawal.
3.4 Any separate terms applicable to trade accounts, wholesale pricing, or net payment terms (where offered) supplement, and in the event of conflict prevail over, these Terms and Conditions for Trade Buyers only.
3.5 If any provision of these Terms and Conditions is also governed by mandatory statutory consumer-protection rules of the Consumer's country of habitual residence within the European Union, and those rules are more favourable to the Consumer, those mandatory rules prevail to that extent.
4. Offers and Product Information
4.1 All offers on the Webshop are subject to availability and do not bind the Company. The Company may revise or withdraw an offer, and may correct manifest errors in an offer (including obvious pricing errors), at any time before an Order is accepted.
4.2 The Company describes its Products as accurately as reasonably possible. Minor variations in appearance (including natural variation in colour, clarity, or the presence of natural sediment, which is a characteristic of the product rather than a defect) do not constitute non-conformity.
4.3 Images of Products on the Webshop are illustrative. Minor deviations between images and the Product actually delivered do not entitle the Customer to any claim, save where such deviation constitutes a lack of conformity under clause 13.
4.4 Products are sold in boxes of 6 bottles. Single bottles cannot be ordered.
5. Prices
5.1 All prices displayed on the Webshop are stated in euro (EUR) and, for sales to Consumers, are inclusive of applicable value-added tax (VAT). Prices for Trade Buyers may be displayed exclusive of VAT and/or as negotiated net prices, as applicable to the Trade Buyer's account.
5.2 Delivery to the countries listed in clause 9.1 is free of charge. Should delivery costs apply in future, they will be shown to the Customer before the Order is placed.
5.3 The Company reserves the right to change prices at any time. Price changes do not affect Orders already accepted in accordance with clause 6.
5.4 If a listed price contains an obvious and readily recognisable error (for example, a pricing error caused by a technical fault), the Company is not obliged to deliver the Product at the incorrect price and may cancel the Order in accordance with clause 6.4.
6. Formation of the Contract (Orders)
6.1 An Order constitutes an offer by the Customer to purchase the Products listed in the Order, subject to these Terms and Conditions.
6.2 The Agreement is concluded at the moment the Company accepts the Order, which the Company confirms by sending an order confirmation to the e-mail address provided by the Customer. Placing an Order does not by itself guarantee delivery.
6.3 The Customer is responsible for ensuring that the information provided when placing an Order (including delivery address and, for Trade Buyers, company and VAT details) is accurate and complete.
6.4 The Company may refuse or cancel an Order, in whole or in part, including after sending an order confirmation, where: the Product is out of stock or discontinued; a pricing or listing error as described in clause 5.4 has occurred; the Company has reasonable grounds to suspect fraud or non-payment; or delivery to the requested address is not reasonably possible (including, without limitation, delivery outside the countries listed in clause 9.1). In such cases, the Company will inform the Customer without undue delay and refund any amount already paid for the cancelled part of the Order.
7. Trade Accounts (B2B)
7.1 A Trade Buyer may apply for a trade account to access trade pricing and/or trade-only resources on the Webshop. The Company may request supporting information (including company registration and VAT details) and may accept or decline any application at its discretion.
7.2 Trade Buyers act as businesses and not as Consumers for the purposes of these Terms and Conditions. Accordingly, the statutory consumer right of withdrawal described in clause 11, and any other provision of these Terms and Conditions expressed to apply to Consumers only, does not apply to Orders placed under a trade account or otherwise in a business capacity.
7.3 Where the Company agrees net payment terms with a Trade Buyer, those terms will be confirmed in writing (including by e-mail) and apply in place of clause 8 (Payment) to the extent they conflict with it.
8. Payment
8.1 Payment is made via the payment methods offered on the Webshop at the time of the Order. Unless net payment terms have been agreed under clause 7.3, payment in full is due at the time the Order is placed.
8.2 If payment is not received, the Company may suspend or cancel the Order in accordance with clause 6.4.
8.3 For Trade Buyers on agreed net payment terms, statutory interest and reasonable collection costs may be charged on overdue amounts in accordance with Italian Legislative Decree no. 231/2002 on late payments in commercial transactions.
9. Delivery
9.1 Products are shipped from Italy. The Company delivers to addresses in Italy, the Netherlands, Belgium and Luxembourg. Orders for delivery to other countries cannot be placed via the Webshop.
9.2 Refolesco «Primo» is produced in small artisanal batches. Orders are prepared for shipment within up to 15 days of the order confirmation, after which the carrier's transit time applies. Stated delivery times are indicative and not binding deadlines, unless expressly agreed otherwise in writing. The Company will make reasonable efforts to deliver within the estimated timeframe.
9.3 Given the perishable nature of the Products (see clause 12), the Customer is responsible for ensuring that a suitable person is available to receive delivery within a reasonable time of the courier's attempted delivery, and for storing the Product appropriately upon receipt. The Company is not liable for deterioration in quality caused by delayed collection or receipt attributable to the Customer, or by storage conditions after delivery that are outside the Company's control.
9.4 Risk of loss of, or damage to, the Products passes to a Consumer upon delivery to the Consumer (or a third party designated by the Consumer, other than the carrier). Risk passes to a Trade Buyer upon delivery to the carrier, unless otherwise agreed.
10. Retention of Title
10.1 Ownership of a Product remains with the Company until the Customer has paid the full purchase price (and any other amounts owed to the Company in connection with the Order) in full.
11. Right of Withdrawal (Consumers Only)
11.1 Subject to the exemption in clause 12, a Consumer has the right to withdraw from an Agreement without giving reasons within 14 days of the day on which the Consumer, or a third party designated by the Consumer other than the carrier, takes physical possession of the Products.
11.2 To exercise the right of withdrawal, the Consumer must inform the Company of the decision to withdraw by an unambiguous statement (for example, a letter sent by post or an e-mail to business@refolesco.com) before the withdrawal period has expired.
11.3 If the Consumer withdraws in accordance with this clause 11 in respect of a Product to which the exemption in clause 12 does not apply, the Company reimburses all payments received from the Consumer for that Product, including standard delivery costs, without undue delay and in any event within 14 days of being informed of the Consumer's decision to withdraw, using the same payment method used for the original transaction unless otherwise agreed. The Company may withhold reimbursement until the Products have been received back or the Consumer has supplied evidence of having sent them back, whichever is earliest. The Consumer bears the direct cost of returning the Products and is liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Products.
12. Exclusion of the Right of Withdrawal — Perishable Goods
12.1 Refolesco «Primo» is a fermented beverage that is liable to deteriorate or expire rapidly once delivered. In accordance with Article 16(e) of Directive 2011/83/EU on consumer rights (implemented in Italy by Article 59(1)(d) of Legislative Decree no. 206/2005, the Italian Consumer Code), the right of withdrawal described in clause 11 does not apply to the sale of Refolesco «Primo» and any other Product offered on the Webshop that is, by its nature, liable to deteriorate or expire rapidly.
12.2 This exclusion applies from the moment of delivery and is not conditional on the Product's packaging having been opened or unsealed — it follows from the perishable nature of the goods themselves, not from hygiene or sealing considerations.
13. Conformity and Warranty
13.1 The Company warrants that the Products delivered conform to the Agreement, the description provided on the Webshop, and applicable statutory requirements at the time of delivery.
13.2 If a Consumer receives a Product that does not conform to the Agreement, the Consumer is entitled to the legal guarantee of conformity under Articles 128 et seq. of the Italian Consumer Code (including repair, replacement, price reduction, or, where applicable, termination of the Agreement). Nothing in these Terms and Conditions limits a Consumer's mandatory statutory rights in this respect.
13.3 Natural sediment, and minor variation in colour or clarity between batches, are inherent characteristics of a naturally fermented, unfiltered-style product and do not constitute a lack of conformity.
13.4 Claims relating to visible transport damage, shortages, or quality issues should be reported to business@refolesco.com as soon as reasonably possible after delivery, and in any event within a reasonable time after the defect was or ought reasonably to have been discovered, together with photographic evidence where relevant.
14. Complaints Procedure
14.1 Complaints about the execution of the Agreement should be submitted to business@refolesco.com, described in full and clearly. The Company will respond within a reasonable time, and in any event within 14 days of receipt, or provide an indication of the time needed for a substantive response.
14.2 If a complaint cannot be resolved by mutual agreement, a Consumer may refer the dispute to an out-of-court dispute resolution (ADR) body in accordance with Articles 141 et seq. of the Italian Consumer Code, without prejudice to the Consumer's right to bring proceedings before the competent court referred to in clause 20.
15. Liability
15.1 Nothing in these Terms and Conditions limits or excludes the Company's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.
15.2 Subject to clause 15.1 and to clause 13 (Consumer conformity remedies), the Company's total liability arising out of or in connection with an Agreement, whether in contract, tort, or otherwise, is limited to the total price paid by the Customer for the Order giving rise to the claim.
15.3 Subject to clause 15.1, the Company is not liable to a Trade Buyer for any indirect or consequential loss, including loss of profit, loss of revenue, loss of business, or loss of goodwill, arising out of or in connection with an Agreement.
16. Force Majeure
16.1 The Company is not liable for any failure or delay in performing its obligations under an Agreement caused by circumstances beyond its reasonable control, including but not limited to supply chain disruption, transport disruption, extreme weather, strikes, and governmental measures. If a force majeure event continues for more than 15 days, either party may terminate the affected Order, and any amount already paid for undelivered Products will be refunded.
17. Intellectual Property
17.1 All intellectual property rights in the Webshop, including its content, design, text, images, and the Refolesco brand and logo, belong to the Company or its licensors. Nothing in these Terms and Conditions transfers any such right to the Customer.
18. Personal Data
18.1 The Company processes personal data collected via the Webshop in accordance with its Privacy Policy, available at https://refolesco.com/policies/privacy-policy, which forms part of these Terms and Conditions by reference.
19. Amendments to These Terms and Conditions
19.1 The Company may amend these Terms and Conditions from time to time. The version applicable to an Order is the version published on the Webshop at the time the Order is placed. Material changes will be notified to Customers with active trade accounts by e-mail where reasonably practicable.
20. Governing Law and Disputes
20.1 These Terms and Conditions, and any Agreement governed by them, are governed exclusively by the laws of Italy, without prejudice to any mandatory consumer-protection provisions of the Consumer's country of habitual residence within the European Union that cannot be derogated from by agreement.
20.2 Any dispute with a Trade Buyer arising out of or in connection with an Agreement or these Terms and Conditions is submitted to the exclusive jurisdiction of the Court of Turin (Tribunale di Torino). For disputes with a Consumer, the court of the Consumer's place of residence or domicile has jurisdiction where mandatory law so provides.
21. Miscellaneous
21.1 If any provision of these Terms and Conditions is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision is replaced by a valid provision that most closely reflects its original intent.
21.2 The Company's failure to enforce any right or provision of these Terms and Conditions does not constitute a waiver of that right or provision.
Last updated: 25 September 2026