TERMS & CONDITIONS
Updated at 17/02/2021
1.1. The object of these general conditions of sale (hereinafter, “Terms & Conditions”) is the sale of products (hereinafter, “Product” or “Products”) made online through the eCommerce service of the site www.maurelshop.com (hereinafter, the “Web Site”). The Web Site is a property of Maurel S.r.l., with registered office in 27038 - Robbio (PV), Via del Commercio 4, C.F. e P.IVA 02036710180 (hereinafter, the “Seller”).
Mail: firstname.lastname@example.org; pec: email@example.com
1.2. The Products can be sold by the Seller to the buyer, also for his business or professional activity (hereinafter, the “Buyer”) (Hereafter, the Seller and Buyer will be singularly referred to as the “Party” and collectively referred to as the “Parties”).
1.3. The Seller has the right to modify the present Terms & Conditions at any time and at his discretion.
1.4. In any case, will be applicable on the sale of Products the Terms & Conditions on the Web Site at the time of the sending of the purchase order (hereinafter, “Purchase Order”) by the Buyer.
1.5. With the Purchase Order sending the Buyer will totally accept the present Terms & Conditions and all the Purchase Order contents.
1.6. The Web Site is dedicated to the Products sale for a business or professional use. In this case, the Buyer will not have the rights reserved to the consumer provided by Law n. 206/2005 (hereinafter, the “Consumer”). When the Buyer could be qualified as Consumer and purchases the Products on the Web Site, will be applicable the above-mentioned Law n. 206/2005.
2. Purchase Order - Modality and validity
2.1. The information described on the present Terms & Conditions and the contents of Web Site do not represent a public issue but a simple invite to present a Purchase Order. After the sending of the Purchase Order, the Seller will send a mail that confirm the receiving of the Purchase Order (hereinafter, the “Receiving Confirmation”). The Purchase Order will be completely accepted by the Seller only after the sending of a second mail with the confirmation of the Purchase Order and the delivery process (hereinafter, the “Order and Delivery Confirmation”).
2.2. Before the sending of the Order and Delivery Confirmation, the Seller will have the right to request to the Buyer further information about the Purchase Order.
2.3. The Seller may refuse to fill the Purchase Order when the Buyer does not provide a sufficient guarantee of solvency, or when it is incomplete or incorrect or if the Products are not available. In these cases, within 30 (thirty) working days, the Seller will inform the Buyer by e-mail that the agreement is not concluded, and that the Seller has not filled the Purchase Order, specifying the reasons. In this case, the sum authorized on the Buyer’s means of payment will be released.
2.4. The Seller undertakes to deliver the ordered Products as soon as possible (depending on the type of delivery chosen by the Buyer) and, however, within 30 (thirty) days from the date of Order and Delivery Confirmation.
2.5. The Seller reserves the right to refuse Purchase Orders from a Buyer that it is suing relative to a previous order or with who it has a dispute. This applies equally to all cases in which the Seller considers the Buyer to be unsuitable, including by way of example, the case of previous violations of the Terms & Conditions or for any other legitimate reasons, especially if the Buyer was involved in any kind of fraudulent activity.
2.6. Despite Seller’s adoption of measures to ensure that the photographs on the Web Site are faithful reproductions of the original Products, including the use of every possible technical solution to reduce inaccuracies to a minimum, there may always be differences due to the technical characteristics and resolution of colours on the computer used. Consequently, the Seller will not be liable for any shortcomings of the Product pictures on the Web Site due to the above technical reasons since these pictures are only for purposes of illustration.
3. Conditions of Customised Products sale
3.1. The Buyer may customise some type of Products (“Customized Products”) selected by the Seller with words, letters (text), symbols or numbers of their choosing added onto it (hereinafter, “Customization”). The Customization may not be offensive, pornographic, defamatory, or blasphemous text or text containing threatening messages or incitements to violence, text that infringes upon the rights of third parties, in particular intellectual property rights, or text that reproduces third party registered trademarks.
3.2. The Seller reserves the right to refuse any name, word or phrase that falls under any of the above categories or that otherwise contains a message deemed inappropriate by the Seller, for any reason and without needing to provide any explanation to the Buyer.
3.3. Should the Seller refuse the Customisation requested by the Buyer, then the order shall be cancelled.
3.4. By sending a Purchase Order of Customised Products the Buyer:
- declares and guarantees that the Customization does not be a part of the forbidden cases of article 3.1);
- declares to assume any liability regarding the requested Customisation;
- declares to hold harmless the Seller and its affiliates/partners/controlled companies for any cost, expense, damage or loss eventually deriving from the Customisation requested by the Buyer;
- guarantees to the Seller and its affiliates/partners/controlled companies, the non-exclusive right, permanent, without any royalty and transferable to third parties, to use and copy the Customisation chosen by the Buyer for the Customised Products.
3.5. The Customised Products will not be returned, refunded neither substituted, without any withdrawal right. Consequently, the article 8) of the present Term & Conditions will not be applicable for the Customised Products, neither for Customers.
3.6. In any case, will be valid the warranties for Products as per art. 9).
4. Products characteristics
4.1. All Products are sold with the characteristics described on the Web Site at the date of the Purchase Order sending by the Buyer, with exclusion of any different condition or term, except for the provisions of art. 2).
4.2. The validity of the prices shown is always and only that indicated on the Web Site at the time the Purchase Order is sent to the Seller. Product prices and shipping and delivery expenses can be changed without any obligation to give advance notice. The Buyer undertakes to check the final sale price before sending the relative Purchase Order.
5.1. The Product prices (hereinafter, “Price”) and delivery costs (hereinafter, “Delivery Costs”) are described on the Web Site at the time of the Purchase Order sending.
5.2. Prices include all taxes, except for custom duties otherwise described.
5.3. Prices do not include Delivery Costs but are indicated and calculated on basis of weight and the fees provided by the carrier (TNT) at the time of the Purchase Order Confirmation and before the payment.
5.4. The Buyer may not modify the delivery address after the sending of Purchase Order.
6.1. The payments accepted are the following:
- Credit card / PayPal, at the time of the sending of the Purchase Order;
- Bank transfer to the following bank details IBAN IT88H0569656070000020200X72 executed on 7 (seven) working days from the Purchase order. Payment description: nr. of Purchase Order, Buyer details.
6.2. The Buyer must be the holder of a credit card that is valid at the time of the Purchase Order. If these requirements are not met, it will not be possible to proceed with the Purchase Order.
6.3. The Seller is not able to know the Buyer credit card information, which are not used/registered/filed.
6.4. The Seller cannot, in any case, be considered liable for any fraudulent or undue use of credit and prepaid cards by third parties.
6.5. The Seller undertake to verify the correctness of the Price before the Purchase Order Confirmation. When the mistaken Price is lower than the correct Price of the Product, the Buyer may decide to cancel the Purchase Order or confirm it, without any charge. In case of confirm, the Buyer will pay the lower Price.
7.1. The quantities of the Products described on the Web Site are not binding for Seller.
7.2. The Seller undertakes to deliver Products timely and, in any case, within 30 (thirty) days from the Order and Delivery Confirmation. When the Seller may not execute the Purchase Order, in consequence of unavailability of the Products (also temporary), the Seller undertakes to inform the Buyer and refund the Price eventually already paid.
7.3. The invoice of the Order will send to the Buyer by email.
7.4. The Products purchased will be delivered by the courier identified by the Seller. The delivery will be executed by the following modalities:
- Shipment to the Buyer address;
- Shipment to a pick-up point indicated by the Buyer.
7.5. The failure of the delivery caused by the Buyer or his conduct will provoke the cancellation of the order and the Seller will be authorized to collect and/or retain the Price.
8. Right of withdrawal
8.1. The provision of the present article 8) are reserved only for Customer with express exclusion for professional Buyer. When professional Buyer withdraws the Purchase Order, the Seller will be authorized to collect and/or retain the Price.
8.2. Only if the Customer will have the right to withdraw from the agreement concluded with the Seller without any penalty and without specifying the reason, with the term of fourteen (14) days beginning from the day of the Product delivery.
8.3. In case of withdrawal, the Customer will return the Products to the Seller by courier, with costs borne by the Buyer and according to the instructions received by the Seller. The Products return will be completed within 14 (fourteen) days from the withdrawal notice.
8.4. The Products:
- must be returned in their entirety and not just parts or components of them, even in the case of kits;
- not have been used, worn, washed or damaged; they must not be dirty nor show obvious signs of wear;
- must be returned in the packaging in which they arrived, complete with all accessories and labels.
8.5. In case of withdrawal by the Customer, the Seller will refund the Price, except for the necessary costs which remain in charge on the Customer:
- Additional shipment costs when the Customer chose a different courier or shipment than the one provided by the Seller;
- Additional costs deriving from the choice of the Customer to return the Products in several moments and several deliveries. In these cases, only the first delivery will be for free for the Customer;
- When the Customer and his delivery address will be located out of Italy.
8.6. After the exercise of withdrawal right by the Customer, the Seller send him a return confirmation email (hereinafter “Return Confirmation”).
8.7. The Seller will refund to the Costumer the Products Price paid within 14 (fourteen) days from the date of the delivery, with the right, until then, to retain the amount of the Price when already paid.
8.8. The Seller will execute the refund with the same payment, otherwise agreed between Parties.
8.9. In case of breach of the present article 8), the Customer will not have the right to receive the refund.
8.10. The right of withdrawal is always excluded in case of Customise Products.
9. Legal guarantee for non-conforming Products
9.1. The Seller is responsible for any fault or lack of conformity of Products existing at the time of the delivery and when they are not caused by the using, negligence and/or wrong preservation or washing by the Buyer.
9.2. The duration of the guarantee is the following:
9.2.1. In case of Customer, the Products will be guaranteed by the Seller for 2 (two) years from the delivery of the Products. The guarantee will be valid subject to:
126.96.36.199. The fault or non-conformity occurs within 2 (two) years from the delivery of the Products;
188.8.131.52. The Customer send to the Seller a written claim (by email to the address firstname.lastname@example.org), within 2 (two) months from the discovery of the fault or non-conformity, unless it is contrary to mandatory regulations applicable in the Customer's habitual Country of residence;
184.108.40.206. The Customer provides the invoice and the pictures of the fault or non-conformity. The Seller will reserve to request a sample of the Product with fault or non-conformity to verify;
220.127.116.11. The Products are not altered, broken used or preserved with negligence, washed, or treated with negligence or in a different way respect the instructions of the Seller or described on the labels.
9.2.2. In case of Buyer, the Products will be guaranteed by the Seller for 1 (one) year from the delivery of the Products. The guarantee will be valid subject to:
18.104.22.168. The fault or non-conformity occurs within 1 (one) year from the delivery of the Products;
22.214.171.124. The Buyer send to the Seller a written claim (by email to the address email@example.com), within 15 (fifteen) days from the discovery of the fault or non-conformity, unless it is contrary to mandatory regulations applicable in the Customer's habitual Country of residence;
126.96.36.199. The Buyer provides the invoice and the pictures of the fault or non-conformity. The Seller will reserve to request a sample of the Product with fault or non-conformity to verify;
188.8.131.52. The Products are not altered, broken used or preserved with negligence, washed or treated with negligence or in a different way respect the instructions of the Seller or described on the labels.
9.3. In case of verified fault or non-conformity of the Products, the Customer/Buyer has the right to request and obtain the refund of the Products Price.
9.4. All of return costs will be borne by the Seller.
9.5. In these cases the Seller will refund the Products Price within 14 (fourteen) days from the verification of the Product fault or non-conformity, having the right, until then, to retain the Price.
9.6. The Seller will use the same modality of payment, otherwise agreed between Parties.
10. Liability for damages
10.1. In case of Products fault or non-conformity, the Seller will not liable and will not pay, with acceptance by the Buyer/Customer, any damage, direct or undirect, deriving or caused from the fault or non-conformity of the Products.
11.1. For any request, contact the following:
Via del Commercio 4
27038 – Robbio (PV)
Mail: firstname.lastname@example.org Phone +39 0384 671034
12. Intellectual Property Rights
12.1. The Buyer/Customer declares to acknowledge that all brands, trademarks, name, logos or pictures used or present in the Web Site or related to the Products are and remain exclusive property of the Seller, without any exception.
12.2. The contents of the Web Site cannot be copied, replaced, totally or partially, modified or used at any purposes, without the prior written approval of the Seller.
13. Governing Law, dispute settlement and competent jurisdiction
13.1. These Terms & Conditions are governed by Italian law and will be interpreted according to it, without prejudice to any other mandatory rule prevailing in the country of habitual residence of the Customer.
13.2. In case of Customer, any disputes will be resolved by the court of his domicile or residence based on the applicable law. In case of Buyer is acting in the exercise of his business, commercial, craft or professional activities, the Parties consensually establish the exclusive jurisdiction of the Court of Milan.
13.3. In case of Customer, he is hereby informed that in accordance with article 14 of Regulation (EU) 524/2013 and the ODR measure issued pursuant to Statutory Instrument 500/2015 in force from 15 February 2016, the European Union has set up an online platform for ODR (online dispute resolution) relating to the purchase of goods online, which may be accessed via: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage Customers may use the ODR platform to access a list of ODR bodies, a link to each such body and to commence an online dispute resolution procedure. For more information on the platform, please visit: https://webgate.ec.europa.eu/odr/main/?event=main.about.showhttps://webgate.ec.europa.eu/odr/main/?event=main.about.show
13.4. The Costumer will always have the right to solve disputes arising ordinary jurisdiction or promote an alternative dispute resolution according to Legislative Decree n. 206/2005 (Codice del Consumo).