GENERAL SALES CONDITIONS
GENERAL SALES CONDITIONS, in force from 01/05/2020
This information is provided for the site "www.anticalarderiamafalda.com" (Site) owned by Mafalda srl, with registered office in Via fossacava 2, Colonnata Carrara MS Registered in the Chamber of Commerce of Massa Carrara with VAT no. 01298680453 (Company).
Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I °, Title III ° (articles 45 et seq.) Of the Legislative Decree 6 September 2005, n. 206 (Consumer Code) and Legislative Decree 9 April 2003, n. 70, containing the discipline 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 working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale can be modified at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.4 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
1.5 These General Conditions of Sale do not regulate the sale of products and / or services by subjects other than the Company that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale. The Company is not responsible for the supply of services and / or for the sale of products by these subjects. On the websites that can be consulted through these links, the Company does not carry out any control and / or monitoring. The Company is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Company provides on the Site, also during the purchase procedure.
Art. 2. Purchases on the Site
2.1 The purchase on the Site
it can also take place without registration on the Site
it is allowed both to users who have the quality of consumers and to users who do not have this quality.
2.2 Pursuant to art. 3, I comma, lett. a) of the Consumer Code, it should be remembered that the quality of consumers is the natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisan activity that may be carried out.
2.3 Under no circumstances will retailers, wholesalers or, in general, anyone who intends to make purchases for the purpose of subsequent resale make purchases on the Site. It is therefore forbidden for these subjects to make purchases on the Site.
2.4 The Company reserves the right to refuse or cancel orders that come from:
by a user who has issued false, incomplete or in any case inaccurate identification data or who has not promptly sent the Company the documents requested or who have sent her invalid documents
Art. 3. Registration on the Site
3.1 To register on the Site you must fill in the appropriate form, entering the following data:
3.2 You undertake to immediately inform the Company if you suspect or become aware of an improper use or an undue disclosure of the access credentials to the Site.
3.3 The user registered on the Site guarantees that the personal information provided by him is complete and truthful and undertakes to keep the Company harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials and / or by the supply of false, incomplete or in any case inaccurate personal data, without prejudice to the Company's right to proceed with the disabling of the user's account.
Art. 4. Information for the conclusion of the contract
4.1 In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Company informs you that:
to conclude a purchase contract on the Site, you must fill out 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 server
once the order form has been received, the Company will send you the order confirmation containing the following email address:
information relating to the characteristics of the purchase
the indication of the price
the indication of the means of payment used
the indication of delivery costs and any additional costs.
Art. 5. Availability of Products
5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users simultaneously purchase the same Product, that the Product ordered is no longer available after the transmission of the purchase order.
5.2 The information relating to the availability of each Product is present on the Site.
5.3 You will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, IV and V comma, of the Consumer Code.
5.4 Alternatively, you can accept:
if a restocking is possible, an extension of the delivery terms, offered by the Company, with indication of the new delivery deadline.
5.5 If a refund is requested for the amount paid for the purchase of Products which then proved unavailable, the Company reimburses within a maximum period of 10 days.
5.6 In the event that you exercise the right of termination pursuant to art. 61, IV and V comma, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if applied, and any other additional costs, as resulting from the order (Total Amount Due) has already occurred, the Company will refund the Total Amount Due pursuant to the provisions of the "Payment Methods" article below.
Art. 6. Information Sheet
6.1 Each product is accompanied by an information page that illustrates its main characteristics (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers you use for their display. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with tolerances of use.
Art. 7. Prices
7.1 All the prices of the Products published on the Site are inclusive of the Value Added Tax.
7.2 The Company reserves the right to change the price of the Products at any time, without notice, without prejudice to the fact that the price charged to you will be the one indicated on the Site at the time the order is placed and that any account will not be taken into account. variations (increasing or decreasing) subsequent to the transmission of the same.
7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
Art. 8. Purchase orders
8.1 The Company will ship the Products only after having received confirmation of the authorization for payment or the crediting of the Total Amount Due. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Company, however, will be transferred to you when you, or a third party designated by you and different from the carrier, physically comes into possession of the Products.
8.2 The purchase contract is resolutely conditioned by the non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be canceled accordingly.
8.3 In order to send a purchase order, it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the pages of the purchase process. Failure to accept these General Conditions of Sale makes it impossible to make purchases on the Site.
Art. 9. Methods of payment
9.1 The following payment methods are allowed on the Site:
9.2 The Company accepts the credit cards of the circuits:
MasterCard (Cirrus Maestro)
Diners Club International
They are, in any case, indicated in the footer of each page of the Site.
The charge will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the company issuing the payment card used by you has released the debit authorization.
The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers that the Company uses. The Company therefore never has access and does not store, even if you choose to store such data on the Site, the data of your payment card used for the payment of the Products.
The charge will be made at the time of transmission of the order.
9.3 On the Site it is also possible to make purchases through the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure envisaged and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Company. The latter is therefore unable to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with that account.
In the case of payment through PayPal, the Total Amount Due will be charged by PayPal at the same time as the conclusion of the contract through the Site. In the event 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 your PayPal account. The times for crediting the payment instrument linked to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Company cannot be held responsible for any delays or omissions in crediting the refund amount, to contest which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.
9.4 If you intend to choose cash on delivery as a means of payment, we inform you that an additional cost of € 8.00 will be applied to the entire shipment, or the different sum indicated from time to time on the Site. cash on delivery, upon delivery of the Products it is necessary to have the amount indicated in the purchase order in cash (the courier not being authorized to accept checks and not being able to give money in rest): in default, the purchase contract will be considered terminated by right pursuant to and for the purposes of art. 1456 of the Italian Civil Code You will be notified of the termination of the contract and the consequent cancellation of the order. Any refund to be made pursuant to these General Conditions of Sale will be made by bank transfer to the bank details communicated by you.
9.5 In the event that you choose the bank transfer as the method of payment, once the order has been received, the Company will notify you by email of the bank details and the deadline for making the transfer. The email may contain the request to send by email the receipt of the transfer made or the confirmation of its execution.
In the case of payment by bank transfer, the delivery times of the Product indicated in the Product Sheet and / or on the Site, will start from the date of receipt of the transfer by the Company and not from the date of transmission of the order, as is the case in you choose other payment methods.
From sending the order, you must arrange the payment within 5 working days. Failing that, the Company reserves the right to cancel the order in the following 1 working days.
Art. 10. Delivery of the Products
10.1 There are no limitations on delivery, except in the cases possibly indicated on the Site and / or in the Product Sheet.
10.2 Delivery is subject to payment for orders of less than or equal to € 100.00; for higher amounts, delivery is free.
10.3 From the date the order is sent, the Products will be delivered within 4 days. In the case of failure to indicate a specific delivery term, it will, in any case, take place within thirty days from the date of conclusion of the contract.
he delivered Product. Notwithstanding that the risk of loss or damage to the Product, for reasons not attributable to the Company, is transferred when you, or a third party designated by you and other than the carrier, physically takes possession of the Product, the Company recommends that you check the number of Products received and that the packaging is intact, not damaged, nor wet or in any way altered, also in the closing materials and in its interest, we invite you to indicate any anomalies on the carrier's transport document, accepting the parcel with reserve . In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Company. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains unaffected.
Art. 11. Right of withdrawal
11.1 In the event of purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site are: sold made-to-measure or clearly personalized goods, sold goods that risk to deteriorate or expire rapidly, sold sealed goods that do not lend themselves to be returned for hygienic reasons or related to health protection.
Art. 12. Legal guarantee
All the Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).
To whom it applies
The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made the purchase on the Site for purposes unrelated to any business, commercial, craft or professional activity that may be carried out.
When to apply
The Company is liable to the consumer for any lack of conformity of the Product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the conformity defects that occur within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the responsibility of the consumer to prove that the lack of conformity already existed at the time of delivery of the same.
In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. Therefore, for the purpose of this proof, the consumer should keep the purchase invoice or any other document that can attest to the date of the purchase (for example, the account statement of the payment card) and the date of delivery.
In the event of termination of the contract, the Company will return to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Company will return 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 is not liable in the event of damages of any nature deriving from the use of the Product in an improper and / or non-compliant manner with the instructions provided by the manufacturer, as well as in the event of damages deriving from unforeseeable circumstances or force majeure.
Art. 13. Applicable law and jurisdiction; out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution
13.1 The 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 for by the law of the country in which they have their habitual residence.
13.2 It should be remembered that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile is competent.
13.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who holds the qualification of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has lodged a complaint directly with the Company, as a result of which, however, it has not been possible to resolve the dispute that has arisen, the Company will provide information on the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code) , specifying whether or not it intends to use these bodies to resolve the dispute.
13.4 The Company also informs the user who holds the qualification of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (the so-called ODR platform). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR bodies, find the link to the site of each of them and start an online dispute resolution procedure in which he is involved.
13.5 The right of the consumer user to appeal to the ordinary judge competent for the dispute deriving from these General Conditions of Sale, regardless of the outcome of the out-of-court settlement procedure of disputes relating to consumer relations through the use of procedures, is reserved referred to in Part V, Title II-bis Consumer Code.
13.6 The user residing in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.
Art. 14. Customer service and complaints
It is possible to request information, send communications, request assistance or submit complaints by contacting the Company in the following ways:
by email, to the following address: email@example.com.
The Company will respond to complaints submitted within 3 days of receipt of the same.