Terms of service
GENERAL CONDITIONS OF SALE, 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 (Society).
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 Legislative Decree 6 September 2005, n. 206 (Consumer Code) and the Legislative Decree 9 April 2003, n. 70, containing the regulation 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 changed 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 the purchase order is sent.
1.5 These General Conditions of Sale do not regulate the sale of products and / or services by parties 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 provision of services and / or for the sale of products by such parties. The Company does not carry out any checks and / or monitoring on the websites accessible through these links. 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, even during the purchase procedure.
Art. 2. Purchases on the Site
2.1 Purchase on the Site
- it can also take place without registering 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 is recalled that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out are considered to be consumers.
2.3 Under no circumstances may resellers, wholesalers or, in general, all those who intend 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 released false, incomplete or in any case inaccurate identification data or who has not promptly sent the Company the documents requested by the same or who has sent invalid documents
Art. 3. Registration on the Site
3.1 To register on the Site, you must fill out the appropriate form, entering the following data:
- first name
- last name
3.2 You undertake to inform the Company immediately in the event that you suspect or become aware of an improper use or undue disclosure of your login credentials to the Site.
3.3 The registered user of the Site guarantees that the personal information provided by him is complete and truthful and undertakes to hold 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 part of the user of the rules on registration on the Site or on the conservation of registration credentials and / or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Company's right to disable the user's account.
Art. 4. Information aimed at the conclusion of the contract
4.1 In accordance with the 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's server
- once the order form has been received, the Company will send you the order confirmation to the e-mail address indicated, containing:
- information relating to the characteristics of the purchase
- the indication of the price
- the indication of the payment method used
- an 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 several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
5.2 The Site contains information relating to the availability of each Product.
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 paragraphs, 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 later proved to be unavailable, the Company will make the refund within a maximum period of 10 days.
5.6 In the event that you make use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applicable, and any other additional cost, as resulting from the order (Total Amount Due) has already occurred, the Company will refund the Total Amount Due in accordance with the provisions of the article "Methods of payment" 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 closely as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by you 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 intended as indicative and with the 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, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any changes will not be taken into account. (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 receiving confirmation of the payment authorization or after the Total Amount Due has been credited. 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, on the other hand, will be transferred to you when you, or a third party designated by you and other than the carrier, materially comes into possession of the Products.
8.2 The purchase contract is conditional on the non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.
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 purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
Art. 9. Methods of payment
9.1 The following payment methods are allowed on the Site:
- Payment card
- Cash on delivery
- Wire transfer.
9.2 The Company accepts the credit cards of the circuits:
- MasterCard (Cirrus Maestro)
- American Express
- 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 payment have been verified and (ii) the company issuing the payment card you used has issued the debit authorization.
The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Company. The Company therefore never has access to and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products.
The charge will be made at the time of order transmission.
9.3 On the Site it is also possible to make purchases using 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 provided 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 in any way store the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.
In the case of payment by PayPal, the Total Amount Due will be debited 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 reimbursement, for any reason, the amount of the refund due to you will be credited to your PayPal account. The credit times on the payment instrument connected 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 dispute 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. , at the time of delivery of the Products it is necessary to have in cash the amount indicated in the purchase order (since the courier is not authorized to accept checks and cannot give money in change): failing this, 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 reimbursement to be made pursuant to these General Conditions of Sale will be arranged by bank transfer to the bank details communicated by you.
9.5 In the event that you choose bank transfer as the payment method, the Company, once the order has been received, 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 bank transfer or the confirmation of the transfer.
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 where 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 within the next 1 working days.
Art. 10. Delivery of the Products
10.1 There are no limitations on delivery, except in the cases indicated on the Site and / or in the Product Sheet.
10.2 Delivery is subject to a fee for orders of less than or equal to € 100.00; for higher amounts the delivery is free.
10.3 From the date the order is sent, the Products will be delivered within 4 days. In the event of failure to indicate a specific delivery term, this will in any case take place within thirty days from the date of conclusion of the contract.
10.4 It is up to you to check the conditions of the delivered Product. Without prejudice to the fact 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, materially comes into possession of the Product, the Company recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package 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 valid.
Art. 11. Right of withdrawal
11.1 In the event of a 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 they are: sold goods made to measure or clearly personalized, sold goods that risk deteriorating or expiring rapidly, sold sealed goods that do not lend themselves to being returned for hygienic reasons or related to health protection.
Art. 12. Legal Guarantee
All 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).
Who it applies to
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
When it applies
The Company is liable to the consumer for any lack of conformity of the Product 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 lack of conformity that occurs 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 consumer's responsibility 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. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date of the purchase (for example the statement of the payment card) and the date delivery.
In the event of termination of the contract, the Company will return the total amount paid to the consumer, consisting of the purchase price of the Product, the shipping costs and any other additional costs. In the event of a price reduction, the Company will refund 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 damage, of any nature whatsoever, deriving from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure.
Art. 13. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution
13.1 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 Please note that in the case of a consumer user, the court of the place where the user resides or has elected domicile is competent for any dispute relating to the application, execution and interpretation of this document.
13.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to the Company, following which it has not been possible to resolve the dispute thus 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 status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (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 will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure of the dispute in which he is involved.
13.5 In any case, the consumer's right to appeal to the ordinary competent judge of the dispute deriving from these General Conditions of Sale is reserved, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relations through recourse to the procedures of referred to in Part V, Title II-bis of the Consumer Code.
13.6 The user who resides 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, to 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 is available 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 receiving them.