General Sale Conditions
Although not expressly provided for in these General Sale Conditions , the provisions of Legislative Decree 206/2005 (Consumer Code), Legislative Decree 70/2003 (Electronic Commerce Code) and the Italian Civil Code will apply.
Italmoda Sport snc requires those who do not intend to accept the provisions contained in the aforementioned contractual documents to refrain from using the Website.
1. Identity of the seller
1.1. The products described and viewable by Users on the Website (the “Products” and, in the singular, the “Product”) are offered for sale by Italmoda Sport snc, a company registered in the Rimini Company Register, CCIAA / NREA RN 307016, VAT number. 03752620405, with registered office in Rimini, Viale Paolo Mantegazza 1 / A. (“MALIZIA”)
2. Subject of the General Sale Conditions
2.1. These General Sale Conditions regulate the offer by Malizia, to the Users through the Website as well as the terms and conditions of the sale and purchase agreements concerning the Products which will be entered into by and between the Users and Malizia by means of the Website.
3. Subjects entitled to operate through the Website: characteristics of the Users
3.1. The Products are offered for sale by Malizia exclusively in favor of Users who are End consumers. For the purposes of these General Sale Conditions, “end consumer” means any individual who, in using the Website and in purchasing the Products through the Website, acts for purposes unrelated to its commercial, entrepreneurial or professional activity (if any).
3.2. The Users entitled to purchase the Products shall only be those person who are end consumers according to the definition above and, in addition, have the following characteristics:
- are at least 18 years of age;
- are endowed with full capacity to act and possess, therefore, the requisites for, and are in a position to, independently conclude legally binding sales contracts;
- have an active e-mail address, in relation to which the limits of the e-mail box have not been exceeded;
- are holders of a credit card (Visa, Mastercard, American Express), a prepaid card or a bank account from which it is possible to make bank transfers.
3.3. Malizia reserves the right not to process orders from Users who do not have the characteristics indicated in paragraphs 3.1 and 3.2 above. Malizia will also have the right to refuse the sale of Products to Users who are acting on behalf of subjects who cannot be qualified as final consumers.
4. Customer Service – Information
4.1. Malizia provides Users with a commercial assistance service (the “Customer Service”) that can be contacted in the following ways:
- by sending an e-mail to firstname.lastname@example.org;
- by post, to the following address: Viale Mantegazza 1 / a 47921 Rimini
- by telephone, at +39 0541 56945, which will be operational from Monday to Saturday from 10:00 to 12:30 and from 15:30 to 19:30.
4.2. Users can contact Customer Service for any complaints as well as to receive information regarding the methods of purchase and payment of the Products, shipments and deliveries, the right of withdrawal and the relative methods of returning the Products purchased, the exchange of goods, as well as any other information relating to the sale of Products through the Website. Such information is in any case also contained in the following provisions of these General Sale Conditions.
5. Procedures to purchase the Products through the Website
5.1. At the time of the first purchase of Products through the Website, the User will be asked to create their own personal account; this account will remain valid for subsequent purchases made by the same User through the Website. Once the account has been created, the User can validly follow the procedure for purchasing the Products – governed by this article 5 – by following the instructions on the Website. in the case of access to the Website after the creation of the account, the User must log in, by entering the e-mail address (the “Email Address”) and the password indicated during the creation of the account. If the User does not remember his password, he can send, through the Website, the request to receive instructions by e-mail to regenerate the password. It should be noted that the personal data provided by the User during the account creation phase will be processed in accordance with the provisions of the following article 11.
5.2. The purchase of the Products through the Website by the registered User or who has logged in in accordance with the previous paragraph 5.1, will take place by filling in an order cart (the “Cart”), within which the ‘The User can insert the Products selected from the catalog on the Site, indicating the desired quantities for each of them. Simultaneously with the insertion in the Cart, the User will see the unit price of each Product inserted and the total value of the order (excluding taxes and delivery costs).
The Shopping Cart will be filled in – and the entire purchase procedure carried out (including the conclusion of the Agreement, as defined below) – in the language of the Website selected by the User before starting the registration procedure or, in case of subsequent accesses, before logging in. Any subsequent communication relating to this Agreement will also be in the same language.
5.3. Once the Cart has been completed, the User will be asked to indicate the address at which he wishes to receive the Products included therein. The User will also have the right to indicate any notes for delivery, which Malizia will take into consideration in the organization of the same, it being understood, however, that they will have no binding value either for Malizia or for the carrier / forwarder appointed by the latter. .
5.4. After completing the delivery instructions referred to in paragraph 5.3 above, the User will see an order summary screen (the “Summary”), containing:
- the list of products ordered, with the essential information relating to each product;
- the quantity ordered in relation to each Product;
- the unit price of each Product;
- the total value of the order, net of taxes and shipping costs;
- the total value of the order, including taxes and shipping costs;
- the delivery address.
5.5 Once visualized the Order Summary, the User may change the quantity and the type of the Products ordered, as well as the elected delivery address. An updated Order Summary will then be visualized.
5.6. In the event that the User is satisfied with what is indicated in the Summary and intends to finalise the purchase order described therein, the same must proceed to (1) select a payment method among those available, as specified in the following article 6 ; (2) tick the appropriate box for the approval of these General Sale Conditions – which the User must have previously consulted – it being understood that this act will result in full and unconditional acceptance of the same by the User; and (3) submit the purchase order contained in the Summary – as supplemented by the choice regarding the method of payment – by clicking the appropriate button.
5.7. If the User selects the payment methods “credit card” or “prepaid card” and, upon acceptance of these General Sale Conditions, submits the purchase order pursuant to the previous article 5.6, he will have access to the relative procedures of guided payment.
Once the guided payment procedure is completed, the User will receive the order confirmation (the “Order Confirmation”) at their Email Address containing, among other things,:
the identification number of the Agreement (the “Order Number”);
the purchase price of the Products, including taxes and shipping costs, which will be precisely detailed in their amounts (the “Price”);
With the receipt of the Order Confirmation by the User, the purchase and sale contract of the Products included in the Cart and indicated in the Summary (the “Agreement”) will be considered concluded, except in any case as provided for by the following art. 5.9.
5.8. If, on the other hand, the User selects the payment method “bank transfer” and, upon acceptance of these General Sale Conditions, submits the purchase order pursuant to the previous article 5.6, he will immediately receive an e-mail to his email address order confirmation (the “Order Confirmation”) containing:
- the identification number of the Contract (the “Order Number”);
- the purchase price of the Products, including taxes and shipping costs, which will be precisely detailed in their amounts (the “Price”);
- the indication of the bank details for carrying out the price transfer;
The User must transfer the Price by bank transfer within 24 (twenty-four) hours as of the receipt of the Order Confirmation, instructing the bank to credit the relevant amount to Malizia with value date not exceeding the following 72 (seventy-two) hours. The costs related to the bank transfer shall be borne by the User.
Upon receipt of the Order Confirmation on the part of the User, the agreement for the sale and purchase of the Products indicated in the Cart (the “Agreement”) shall be regarded as having been entered into, without prejudice for the provisions under section 5.9 below.
5.9. Malizia eserves the right to verify, over the course of a period of 8 (eight) working days as of the receipt of the Order Confirmation on the part of the User:
a) the availability in stock of the Products ordered;
b) only for cases of payment by bank transfer: the actual crediting of the Price to Malizia’s current account communicated to the User through the Order Confirmation.
The Agreement must be understood, in any case (i.e. both in the cases referred to in paragraph 5.7 above and in that referred to in paragraph 5.8 above), subject to the condition precedent of the positive verification of the circumstances referred to in this paragraph 5.9 (a) and ( b).
Therefore, if within the term indicated above Malizia ascertains (1) the non-availability or partial availability of the Products in stock, or (2) (only for cases of payment by bank transfer) the failure to credit the Price on its current account, the Contract must be considered ineffective and this circumstance will be communicated to the User immediately, and in any case within the aforementioned term, by e-mail sent to the Email Address.
In the case under point (1), the User shall be entitled to be fully refunded for the amounts paid, except in case of amendment of the order according to section 5.10 below. The User and the Customer Service shall agree upon the way to make the refund.
5.10. In case only part of the Products under the Agreement are available in stock, the Customer Service shall contact the User in order to check whether the latter has any interest in purchasing only the Products available in stock or any alternative Products.
If the User agrees to modify the Agreement, Customer Service will modify the same and will send the User an updated Summary. By using the appropriate link included in the Customer Service e-mail containing the updated Summary, the User can submit the order contained therein. It is understood that, after 48 (forty-eight) hours of receipt by the User of the aforementioned e-mail, the Summary will be understood as not accepted by the User and Malizia will return to the same any amount already paid by it.
In the event that the User, on the other hand, sends the new order within the deadline indicated above – thus confirming its willingness to modify the Contract – Malizia will send the relevant Order Confirmation to the same. Any amounts still due to Malizia can only be paid by bank transfer. Therefore, the previous articles 5.8 and 5.9 will apply.
5.11. The purchase order submitted by the User and all data related to the relevant Contract will be stored in the electronic database of Malizia. The provisions of the following article 11 remain unaffected.
6.1. Payment of the Price can be made by the User in one of the following ways:
- by credit card Visa, American Express, Mastercard;
- Through Pay Pal account
- by bank transfer in favor of Italmoda Sport snc
6.2. In case of payment by credit card, the information relating to the same (such as, but not limited to, the number or expiry date) will be collected directly by the bank responsible for the payment gateway without third parties, including Malizia itself, may in any way have access to it.
7. Shipment and delivery of the Products
7.1. Following the completion of the verification referred to in paragraph 5.9 above (as the case may be in conjunction with article 5.10) and only if it has had a positive outcome, within the following 24 (twenty-four) hours Malizia will proceed with the shipment of the Products ordered by the User by delivery to the carrier / forwarder DHL. With the remission of the Products to DHL, Malizia must be considered to have fulfilled the obligation to deliver the Products pursuant to Article 1510, paragraph 2, of the Italian Civil Code.
7.2. The Products will be carefully packed by Malizia, which will also include the accompanying tax documents in the package.
7.3. At the time of shipment of the Products, Customer Service will send the User, by e-mail to the Email Address, the shipping number provided by DHL itself, in order to allow the User to check the delivery status of the Products.
7.4. In relation to each Agreement, the shipping costs indicated in the Order Confirmation shall be charged. The User will not be required to pay anything directly to DHL for the delivery of the Products.
7.5. The section of the Site shows the delivery terms envisaged by DHL, purely as an indication, for each territorial area. Malizia assumes no responsibility for DHL’s compliance with these delivery terms and invites Users to consult the website www.dhl.com for more information in relation to the conditions and terms of shipment and delivery of the Products.
7.8. Should the User refuse to receive the Products delivered or in case nobody declares to be entitled to receive the Products on behalf of the User at the address indicated in the Order Summary, the User shall be required to refund Maliziafor any additional costs charged to the latter by DHL as a consequence of the non-receipt of the Products. Such costs may be in any case deducted from any amount owed by Malizia to the User.
8. Right of withdrawal
8.1. The User has the right to withdraw from the Contract, without any penalty and without the need to specify the reasons for his withdrawal, within 7 (seven) working days from the date of receipt of the Products (the “Delivery Date”). It is understood that, in the event of non-timely receipt of the Products by the User due to his absence, unavailability or erroneous indication of the delivery address by him, the Delivery Date must be understood as the date of deposit of the stock notice. at the delivery address indicated by the User in the purchase order sent in relation to these Products.
8.2. In order to exercise the right of withdrawal referred to in this Article 8, the User must, within the period referred to in paragraph 8.1 above, communicate his withdrawal to Customer Service, by sending a registered letter with return receipt. at Italmoda Sport snc Viale Mantegazza 1 / a 47921 Rimini RN Italy, indicating the Order Number and the Products for which it intends to exercise the right of withdrawal (without prejudice to the provisions of article 8.6 below) and specifying the methods with who wish to receive a refund of the Price paid. This notice of withdrawal may be sent, within the same term, also by e-mail, provided that it is confirmed by registered letter with acknowledgment of receipt within the following 48 (forty-eight). Upon receipt of the notice of withdrawal, Malizia will send the User, by e-mail to the Email Address, the return authorization number (the “Authorization Number“).
Within 7 (seven) working days from the Delivery Date, the User must return the Products covered by the Agreement in relation to which he has exercised his right of withdrawal to Malizia, by delivery to the carrier / forwarder referred to in paragraph 8.3 below.
8.3 The User must use DHL to return the Products. In any case, the User must insert the Malizia e-mail containing the Authorization Number in the package.
8.4. The right of withdrawal referred to in this article 8 will be considered correctly exercised (and therefore the right to reimbursement will arise as provided for in paragraph 9.3 below) if all and each of the following return conditions are met:
a. The User has sent the registered letter a.r. referred to in paragraph 8.2 above within seven (7) working days starting from the Delivery Date or within the same term has sent the notice of withdrawal by e-mail, then confirming it by registered letter with return receipt within the 48 (forty-eight) ensuing hours;
b. The Products have been returned intact and with all the pieces composing them and in their original package, complete with all the labels and original accessories (including, without limitation, dustbags, coat hangers and clothing covers) contained in the package; for this purpose, it is specified that the boxes, or in any case the containers, (also of shoes and bags) shall be considered as an integral part of the Products;
c. The Products have not been used, worn, stained, washed, altered or damaged in any way and show no signs of use; swimwear and underwear (bikinis, briefs, boxers, etc.) cannot be returned for hygienic reasons.
d. The Security Seal applied to each Product has not been removed and is intact and not altered in any way;
e. The accompanying tax document is returned together with the Products;
f. Products to be returned have been delivered to the carrier / forwarder, pursuant to paragraph 8.3 above, within 7 (seven) working days from the Delivery Date.
8.5. The returned Products must be sent to Malizia in a single shipment. Malizia reserves the right not to accept Products covered by the same Contract returned at different times.
8.6. The User shall be entitled to withdraw also limitedly to some of the Products under the Agreement. It is understood that this right of partial withdrawal may not be exercised should the Products be considered as a set (in such case, they have the same code).
8.7. The Customer Service is in any case available to Users to answer any question in relation to the right of withdrawal and the return methods, as well as, if necessary, to verify the possibility of satisfying the User’s needs by adopting different methods, remaining in any case understood that Malizia will have no obligation to accept returns except within the limits and conditions set out in this article 8.
9. Times and methods of refund
9.1. After having received the Products returned, Malizia shall promptly check whether the conditions of return listed in section 8.4 have been satisfied and shall inform the User of the outcome of such checks by way of an email to be sent to the Email Address.
9.2. Should it be found that even only one of the conditions indicated in section 8.4 above has not been satisfied, Malizia shall be entitled, alternatively, to (1) reject the returned Products and return them to the User at its expense, or to (2) accept the returned Products, charging anyway the User with a penalty equal to 20% (twenty per cent) of the Price for such Products.
9.3. If, on the other hand, the right of withdrawal has been exercised in accordance with the provisions referred to in paragraph 8.4 above, Malizia will refund the Price relating to the Returned Products as soon as possible – less the shipping costs indicated in the Contract – paid by the User, in accordance with the methods agreed with the User himself.
9.4. It is specified that any refund owed by Malizia to the Users may be re-credited exclusively to the same subject from which the payment to be refunded had been made.
10. Characteristics and prices of the Products
10.1. The essential characteristics of the Products sold through the Site are indicated in the product card which can be viewed by clicking on the image of each Product. The product card include, among others, the description of the materials used to make each individual Product. The washing instructions (if any) that the User is required to accurately observe are contained in the label sown in the inside of each Product.
In relation to the Products, Malizia assumes the guarantees provided forth by the applicable law pursuant to Article 12 below.
10.3. Although Malizia has taken the utmost care and attention in collecting the images of the Products offered for sale through the Site and uploaded to it, these images (and in the first place the colors of the Products represented therein) are to be considered only indicative as their correct display appears to be connected to and dependent on a series of variables (such as, by way of indication and not exhaustive, the internet browser and monitor used by the User, the lighting conditions of the room in which the monitor is located, etc.) on the which Malizia does not have the possibility to exercise any control.
10.4. Malizia will have the right to change and update the prices of the Products published on the Site at its discretion at any time, it being understood, however, that these prices may not undergo any change – towards the User – once the Contract is concluded. The User will therefore be required to pay only the Price indicated in the Order Confirmation.
10.5. Malizia reserves the right to apply different prices to the Products offered through the Site than those applied at its points of sale.
11. Protection of Users’ personal data
11.1. The personal data provided by Users through the Site (the “Personal Data”) will be used by Malizia only for the purpose of providing its services and for the fulfillment of orders placed by Users. These data will not be disclosed to third parties, unless the relative communication (1) is necessary in relation to the provision of these services (by way of example, in order to execute payment orders), (2) is mandatory by law or imposed by virtue of an order issued by a court or (3) is permitted by law even in the absence of the consent of the owner. In such cases, the data may be made available to third parties who will process them independently and solely for the aforementioned purposes.
11.2. The Personal Data will in any case be processed, stored and used by Malizia, which will act as the data controller, in compliance with the provisions of current regulations and in particular by Legislative Decree 196/2003.
11.3. Users may exercise the rights referred to in Article 7 of Legislative Decree 196/2003. Among other things, they will have the right to obtain confirmation of the existence or not of Personal Data and to obtain the indication:
- the purposes and methods of the processing;
- of the logic applied in case of treatment carried out with the aid of electronic instruments;
- the identification details of the data controller and any designated managers and representatives;
- of the subjects or categories of subjects to whom the Personal Data may be communicated or who can learn about them as appointed representative, managers or agents.
They will also have the right to obtain:
- updating, rectification or, when there is a legitimate interest, the integration of Personal Data;
- the cancellation, transformation into anonymous form or blocking of Personal Data processed in violation of the law, including those that do not need to be kept for the purposes for which the Personal Data were collected or subsequently processed;
- the attestation that the operations referred to in the previous points have been brought to the attention, also as regards their content, of those to whom the Personal Data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right.
Users will have the right to object, in whole or in part:
a) for legitimate reasons, to the processing of Personal Data, even if pertinent to the purpose of the collection;
b) to the processing of Personal Data for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
11.4. For any other information on the processing of Personal Data, Users may in any case contact Customer Service.
12. Applicable law and dispute resolution
12.1 The General Sale Conditions , as well as any Agreement concluded by Users with Malizia through or when using the Site, are governed by Italian law, with the exclusion of conflict rules.
12.2. Any dispute that may arise in relation to the purchase of Products through the Site will be devolved exclusively to the courts of the Italian Republic from time to time competent for territory, value and matter.
13. Modification and updating
13.1. These General Sale Conditions may be subject to adaptations or modifications. They will become effective from the moment of their publication on the Site. In relation to each Agreement, the General Sale Conditions will apply in the version that can be viewed by the User at the time of placing the order. Users are therefore invited to read the General Sale Conditions in force in relation to each order forwarded by them.