The foreword is an integral part of the conditions of sale.
1.1. Ownership of the site and purpose
The General Conditions of Sale described below (hereinafter referred to as “General Conditions”), regulate the contractual relations between the users of the website www.maliando.it (hereinafter referred to as “Customers”) and the company Maliando Srl with registered office in Via Salvador Allende, 5/M-N 42049 Sant’Ilario d’Enza (RE) Italy – Tel. +39 0522 672813 – Email: firstname.lastname@example.org – P.I. 02609130352 – REA RE 297507, (hereinafter referred to as “Maliando”), owner of the above mentioned website aimed at selling goods (hereinafter referred to as the “Products”) online
1.2. Applicable legislation
All purchase contracts will be concluded directly through access by the customer to the site www.maliando.it following the instructions and procedures set out in these general conditions of sale and analytically illustrated below.
These general conditions of sale, drawn up in accordance with the current regulations on consumer protection (Legislative Decree no. 6.9.2005, no. 206 “Consumer Code”, with particular reference to Title III “Contractual procedures”, Chapter II “Particular methods of concluding contracts”, Section II “Distance contracts”; D. Legislative Decree 9.4.2003, n. 70 “Implementation of Directive (EC) n. 31/2000 on Electronic Commerce”; Legislative Decree 31.3.1998, n. 114 “Reform of the discipline relating to trade”); regulate all contracts of sale relating to products on the website www.maliando.it concluded in the manner described herein.
The sale contract stipulated between the Client and Maliando will be governed and interpreted in accordance with the Italian Law.
The processing of data and the protection of privacy are governed by Legislative Decree Art. 13 of Regulation (EU) No. 679/2016, as amended.
The Customer is requested to carefully examine these general conditions of sale “on line” before making the purchase and forwarding the order and to print and keep a copy of them.
Maliando reserves the right to change or modify the present General Conditions at any time, communicating it through a notice published on the website to the Customers. Such cancellations, additions, modifications or changes will be considered applied immediately after their publication.With the insertion of his own purchase order and consequent forwarding to Maliando, the Client unconditionally accepts all the General Conditions of Sale present in that precise moment on the website www.maliando.it and is obliged to observe and respect them, declaring to have acquired all the information provided to him, also taking note that Maliando does not consider itself bound to different conditions.
Maliando reserves the right to refuse any kind of clause and/or document attached to the Client’s order which is in opposition and/or different from the present General Conditions of Sale and/or adds a new element to the already mentioned General Conditions of Sale.
Orders placed before the changes will be governed by the previous General Conditions of Sale.
2. Acceptance of the general conditions of sale and Registration
These General Conditions of Sale are an integral and essential part of the sales contract and their acceptance is a necessary condition for the purchase of products through the site www.maliando.it.
In order to make purchases the customer must be registered to the site www.maliando.it. Registration to the site is done by filling out the “My account” page. Such registration implies the knowledge and acceptance of these General Conditions of Sale. The customer agrees to provide and record their personal data, and any other data required for the execution of his order, correctly and truthfully. The Client must also indicate the e-mail address to which Maliando will forward all communications and information concerning the purchase of products through the site www.maliando.it. All communications and information will be considered known by the addressee after the above mentioned sending. The Client also commits himself to promptly update all the registered data, especially his own e-mail address, so that these are always complete and truthful, relieving Maliando from any damage or prejudice that may derive to the same and/or to third parties because of the falsity, wrongness and/or incompleteness of the information provided by the Client himself. Upon completion of the registration, the Client will be the owner of a personal account, accessible through an anonymous identification (Username) and a keyword (Password) (hereinafter referred to as “Credentials”), strictly personal and confidential. The Customer undertakes not to divulge his credentials for any reason and will be held directly responsible for any actions and behaviors contrary to the laws in force or to these General Conditions of Sale, committed by all those who will use the personal account in his place. The Customer undertakes to promptly report to Maliando any theft, loss or loss of his credentials, as well as any misuse by third parties of the account or of his access credentials, of which he has become aware. At the end of the registration process, the customer can complete the purchase. The purchase can only be made by the registered customer.
Pursuant to and for the purposes of Art. 13 of Legislative Decree no. 196/2003 (Privacy Code) and Art. 13 of Regulation (EU) no. 679/2016 (“GDPR”) concerning the processing of personal data provided to Maliando, owner of the site www.maliando.it, the Customer acknowledges and expressly approves, at the time of order placement, what is explicitly indicated on the appropriate page Informativa privacy ai sensi dell’art. 13 del Regolamento (UE) n. 679/2016 (“GDPR”).
4. Product Information
Each Product on sale through the site www.maliando.it is accompanied by a descriptive card relating to the essential characteristics of the same and may be supplemented by one or more images of the Product. The images used are for illustrative purposes only. It is understood that:
– the products may be subject to unavailability due to depletion of warehouse stocks, lack of supply, put out of production and/or other various and possible causes;
– all prices may be subject to change;
– the indicated price is to be intended VAT included.
The final price of the purchase is the one identified in the “Total” item resulting in the “Checkout” page or in the “Total Invoice” item sent by Maliando.
5. Ordering Products
The insertion of the order is subject to explicit acceptance, through reading and flag, of the present General Conditions of Sale.
Maliando accepts exclusively orders with delivery in the Italian territory.
Maliando commits itself to supply to the Customer, who accepts, the Products as presented and described on the website www.maliando.it. Once verified the accuracy of all the information (concerning the Product(s) object of the order and the Customer’s data) contained in the order, the Customer will be able to definitively confirm the order, modify it or cancel it.
When placing an order, the Customer may request, if he/she so desires, an electronic sales invoice which will be sent to the Interchange System of the Inland Revenue (SDI) by means of a special recipient code provided by the Customer. Courtesy copy of this electronic invoice can be sent, upon request of the customer, to the email address provided at the time of purchase or resulting from the customer data.
After having forwarded the order, the Client will receive from Maliando an e-mail of confirmation of receipt of the order, with a summary of the order and a reference number of the same, to be used in any further communication with Maliando. The e-mail will contain all the data inserted by the Customer, including the address to which Maliando will have to send the Product(s). The Customer commits himself to verify the correctness of the personal data he has inserted and the correspondence of the type and number of the Product/s indicated with the order he has forwarded, as well as to promptly communicate any necessary corrections.
Once the order has been confirmed, the Customer who will have selected a method of payment in advance (see following point 6. Payment Method) is obliged to pay Maliando, within the following 3 working days, the total price foreseen for the order placed. In case of selection of the payment method called “Payment on delivery” or “Cash on delivery” (if available), the payment will be made in the hands of the person in charge of the delivery or of the Express Courier that managed and carried out the shipment on behalf of Maliando.
In case one or more products are not available after the validation of the order, Maliando will inform the Customer by e-mail as soon as possible; the Customer will be able, if he wants, to cancel the order, in case the delay in the supply of the product is superior to 15 working days.
6. Methods of payment
The purchase of the Product(s) through the site www.maliando.it can be made by bank transfer, delivery or paypal.
In case of payment by bank transfer, the reason for payment must include:
– name and surname of the holder of the order;
– the order number indicated in the order confirmation email;
– the date of execution of the order.
The Products purchased through the site www.maliando.it will be sent to the address indicated for delivery at the time of submission of the purchase order by the Customer together with the sales invoice if expressly requested by the Customer at the time of submission of the purchase order (as indicated in point 5). The invoice will be issued according to the information provided by the Customer in the purchase order. Delivery of the Product(s) purchased will be made within 20 working days from the date of the order. However, for reasons of force majeure, this deadline, as well as the delivery preferences indicated by the customer, is not always guaranteed and may be subject to slippage, even not attributable to us.
At the time of delivery of the goods by the courier, the customer is required to check that
the number of packages delivered corresponds to what is indicated in the transport document;
the packaging is intact, does not present tampering, is not damaged, or wet or otherwise altered, even in the closing materials (adhesive tape or metal)
In case of damage to the packaging, the customer can withdraw the material subject to control highlighting the problem to the courier who will issue a document on which must be indicated the withdrawal with reserve and the extent and type of damage to the package (eg “damaged packaging”, “crushed packaging”, etc..).
In case of obvious damage to the product / s not yet withdrawn, the customer can refuse delivery, requiring the courier to deliver a document stating the reason for non-collection.
Once signed the document of the courier, the customer will not be able to oppose any dispute about the correspondence of the packages delivered compared to what is indicated in the transport documents and about the external characteristics of the packages / packaging delivered.
Eventual inherent problems the integrity, the correspondence or the completeness of the received products must be signalled within 10 work days from the happened delivery.
The customer is required to provide evidence of any lack and / or damage of one or more products of the order.
In case of failure to collect within 5 working days of the material in storage at the warehouses of the courier due to repeated inability to deliver to the address specified by the customer when ordering, the order will be automatically canceled and the transport costs will be borne exclusively by the customer.
Delivery costs are charged to the customer.
8. Liability waiver
Maliando will not be responsible for inefficiencies due to force majeure such as, by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that could prevent, in whole or in part, to execute the contract in the agreed time.
Maliando will not be responsible towards any party or third party for damages, losses and costs suffered as a consequence of the non-execution of the contract for the above mentioned causes, having the Client only the right to the restitution of the price paid.
Maliando will not be responsible for the delay in the fulfillment of the contract governed by these general conditions of sale, if such delay is caused by circumstances beyond its reasonable control and by force majeure. In such a case Maliando will be entitled to an extension of the time necessary to fulfill such obligations.
Maliando is not responsible for any fraudulent and illicit use that may be made by third parties, of credit cards or other means of payment provided in these general conditions of sale, upon payment of the products purchased. Maliando, in fact, at no time during the purchase procedure is able to know the buyer’s credit card number which, through a protected connection, is transmitted directly to the manager of the banking service.
It is excluded any right of the Client to damages or compensation, as well as any contractual or extra-contractual responsibility for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order by Maliando.
The website www.maliando.it may contain links to other websites. Maliando cannot be considered responsible for the content of external sites, for the functioning of the access to these sites, for the relations between the Client and the owners of these sites.
Maliando cannot in any way be held responsible for any damage suffered by the Clients due to: impossibility to use the site temporarily.
The Customer, in compliance with the Legislative Decree no. 206/2005, if the Customer is a Consumer (i.e. a natural person who buys the goods for purposes not related to his professional activity, i.e. he does not make the purchase indicating a VAT number), has the right to withdraw from the purchase contract for any reason, without any penalty and without prejudice to what indicated later, within 30 working days from the date of receipt of the Product(s). The only costs to be borne by the Customer for the exercise of the right of withdrawal are the direct costs of returning the Product/s to Maliando. The right of withdrawal is exercised by sending, within the above-mentioned terms (30 days from the date of receipt of the Product/s), a written communication
– by registered letter with acknowledgment of receipt, addressed to:
Maliando SRL – Via Salvador Allende, 5/M-N 42049 Sant’Ilario d’Enza (RE) Italy – Tel. +39 0522 672813 – P.I. 02609130352 – REA RE 297507
– the notice of withdrawal may be anticipated, within the same period of 30 days, by telegram, e-mail and fax to be sent respectively to the same address or to the following e-mail address email@example.com. In this case, the communication must be confirmed by registered letter with acknowledgement of receipt within the following 48 hours. The registered letter shall be considered as sent in due time if it is delivered to the accepting post office within 30 days from the delivery of the goods.
The parties expressly agree that the indication in the purchase order of a VAT number qualifies the customer as a “professional”.
The customer may exercise the right of withdrawal within 30 days from the date of receipt of goods purchased, pursuant to and for the purposes of Legislative Decree no. 206/05 c.d.- Consumer Code.
With the reception of the communication of recess, the parts are freed from the respective obligations deriving from the purchase order.
Contextually to the exercise of the right of withdrawal, the Customer will have to return the product to Maliando at his own expenses and under his own responsibility within 10 days starting from the date of receipt of the goods. For the purposes of the expiration of the term, the goods are considered returned at the moment in which they are delivered to the accepting post office or to the forwarding agent.
Maliando will refund the value of the goods purchased,
If the right of withdrawal is exercised by the customer in accordance with the provisions of Legislative Decree 206/05, Maliando will refund the amount paid by the same. The refund will be made free of charge, in the shortest time possible and in any case within 30 days from the date on which Maliando became aware of the exercise of the right of withdrawal by the consumer, provided that the Customer has proceeded to return the goods within 10 days as provided above. The sums will be reimbursed within the terms if they are actually returned, shipped or credited with value date not later than the expiry of the term previously indicated.
The product must be returned to the address indicated above, intact in all its parts.
In particular, the return is subject to the requirements set out below.
The right of withdrawal applies to product purchased in its entirety, you can not exercise the right of withdrawal on only part of the products. In case of an offer constituted by the combination of several products, the entire package must be returned.
The right of withdrawal is not applicable in case of orders containing customized products.
The purchased product must be returned intact in all its parts and placed in its original packaging.
It is expressly provided, on the basis of what is indicated in Legislative Decree 206/05, that the costs of return are charged to the customer, the shipment, until the certificate of receipt, is under the complete responsibility of the customer, in case of damage to the property during transport, Maliando will notify the customer of the incident to enable him to file a timely complaint against the Courier, in this case, the product will be made available to the customer, canceling the request for withdrawal.
Maliando is not responsible in any way for damages or theft/loss of goods returned by uninsured shipments.
Upon its arrival in the warehouse, the product will be examined to assess any damage or tampering not resulting from transport.
If the above requirements are met, Maliando will refund the Customer the amount already paid, in the shortest time possible, after verification of the substantial integrity of the returned product.
In case of forfeiture of the right of withdrawal, Maliando will return the product purchased to the sender, with shipping charged to the customer.
The right of withdrawal is totally forfeited, for lack of the essential condition of integrity of the Product (packaging and/or its content), in cases where Maliando ascertains:
– the non-diligent use of the Product that has compromised its integrity, or the use of any consumables;
– a use of the Product such as to make impossible the restoration to the pre-existing conditions of the sale
– the lack of the external packaging and/or the original internal packaging;
– the absence of integral elements of the Product;
– the damaging of the Product for causes different from its transport;
In case of forfeiture of the right of withdrawal, the goods will remain at the headquarters of Maliando, available to the Consumer for the withdrawal at his expense.
10. Contractual resolutions and termination clause
Maliando has the right to terminate the contract, without any obligation of notice, giving simple communication to the Client with adequate and justified reasons; in this case the Client will be entitled only to the restitution of the eventual sums already paid.
The violation by the Client of the dispositions of the present conditions of sale, concerning the use of the services supplied by means of the site www.maliando.it, will also involve the legal termination of the contract, according to the art. 1456 c.c., with the right of Maliando to act for the compensation of the damages, patrimonial or not, caused by the conduct of the Client.
Maliando guarantees that the products purchased through the site www.maliando.it are free from defects and recognizes to its customers the warranty in accordance with the laws currently in force (D.Lgs.206/05), articles 128 to 135 where applicable; for other subjects to which is not applicable the warranty is 1 year from the date of delivery of the goods and provided that it is demonstrable that the defect is not due to neglect, normal wear, abnormal or improper use.
12. Applicable legislation
The present general conditions of sale have been drawn up in compliance with the current normative dispositions regarding the protection of the consumer (Legislative Decree n. 6.9.2005, n. 206 “Consumer Code”, with particular reference to Title III “Contractual modalities”, Chapter I “Particular modalities of the conclusion of the contract”, Section II “Distance contracts”, as well as the dispositions of which D. lgs. 9.4.2003, n. 70 bearing the “Implementation of Directive 31/2000/CE regarding Electronic Commerce” and D. lgs. 31.3.1998, n. 114 “Reform of the Electronic Commerce Code”. lgs. 9.4.2003, n. 70 bearing the ‘Implementation of Directive 31/2000/EC on Electronic Commerce and Legislative Decree 31.3.1998, n. 114 “Reform of the rules on trade”) “, which are considered recalled for what is not expressly provided in these conditions.
These general conditions of sale will remain valid and effective until they are modified and/or integrated by Maliando.
Possible modifications and/or integrations will be effective from the date of their publication on the website www.maliando.it.
13. Competent court
Pursuant to art. 63 of Legislative Decree no. 6.9.2005, no. 206 “Consumer Code”, any dispute that may arise, with regard to the interpretation and execution of these general conditions of sale as well as with regard to the purchase of products sold through the site www.maliando.it., shall be referred to the jurisdiction of the Judge of the place of residence or domicile of the Consumer, if located in the territory of the Italian State. For all the other Customers who are professional users, it is agreed that any dispute will be the exclusive competence of the Court of Reggio Emilia.
Regardless of the Client’s status (Private Consumer or Professional User), he/she undertakes to participate in any Mediation procedure promoted by Maliando srl at a Mediation Agency based in Reggio Emilia, or at another Mediator that guarantees the possibility of carrying out the meeting at a distance in order to reduce costs and time for the amicable resolution of the dispute.
Pursuant to art. 1341 -1342 C.C. the Customer declares to have read and to specifically accept the clauses of the following articles of the present general conditions of sale.