1.SUBJECT OF THE CONTRACT
These General Terms and Conditions of Sale (hereinafter also "General Terms and Conditions", Terms”) govern access to and use of www.masaramilano.com (hereinafter also "Website") and apply to the purchase of products (hereinafter also “Product”, “Product(s)”) performed at a distance via computer network on the e-commerce website www.masaramilano.com belonging to Fabris Francesca (hereinafter also "Vendor") with registered office in Italy, in Via Andrea Salaino 7, 20144 Milano enrolled in the Register of Companies of Milano. VAT n. 11558810963. MI – 2614031.
The product(s) offered on the Website are sold directly by the Vendor and are reserved for consumers and end users (hereinafter also referred to as "Customer(s)"), with the exclusion of parties such as traders, wholesalers, retailers, professionals, etc. who intend to resell the relevant product(s) to third parties or use them for professional purposes.
The Vendor reserves the right to modify these General Terms and Conditions at any time. It is the Customer’s responsibility to check this page periodically for changes.
Please read these Terms carefully before placing an order on the Website. By accessing or using any part of the Website, the Customer agrees to be bound by these Terms.
www.masaramilano.com store is hosted on Shopify Inc. They provide the Vendor with the online e-commerce platform that allows the Vendor to sell its product(s) and services to the Customer.
The language of this contract is in English.
For any request of clarification or complaint, the Vendor can be contacted at the following email address: firstname.lastname@example.org
2.ONLINE SALES AND PRODUCTS
2.1 The on-line sale contract means the distance contract concluded between the Customer and the Vendor for the purchase of product(s) sold by the latter on its Website. Such contract, therefore, will be concluded directly through the access by the Customer to the Website www.masaramilano.com. By visiting the Website and/ or purchasing something from www.masaramilano.com, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, without limitation.
2.2 Product(s) are shown on the Website with one or more images with every effort made by the Vendor to ensure that these are as accurate as possible. Although they may vary slightly from their images. A description, which may be in English or Italian, will be given to each Product and available on the Website. The descriptions and images are for illustrative purposes only, and therefore, except in the case of wilful misconduct or gross negligence, the Vendor shall not be liable for any inaccuracies relating thereto. Although every effort has been made to accurately display colours, the Vendor cannot guarantee that the display of colours by a device will accurately reflect the colour of the product(s).
2.3 In ordering the product(s), the Customer shall enter the requested data and contact details in the appropriate form available on the Website and indicate, the requested delivery address if different from the address of residence. It is forbidden for the Customer to enter false and/or invented and/or fictitious names or addresses in the on-line order procedure and in any further communication. In the event of violation of this prohibition, the Vendor reserves the right not to process the order, as well as to take any other action it deems appropriate in the interest of fairness and transparency of online business relations. Furthermore, the Customer releases the Vendor from any liability deriving from the issuance of erroneous tax documents due to errors in the data provided by the Customer, as he/she is solely responsible for their correct entry.
2.4 The Customer will be emailed by the Vendor to the e-mail address provided by the Customer with the order confirmation details and relative receipt. This confirmation message shall be kept by the Customer and shall contain date and time of execution of the order, an order number to be used in case of any communication with email@example.com and a link to these Terms. The message will report also all the data inserted by the Customer who commits himself to verify the correctness, communicating in due time possible corrections. It remains the possibility of the Vendor, before sending the confirmation of the order, to require further information from the Customer with reference to the purchase order made on the Website. In the case of online purchases from non-EU countries, the costs connected to the payment of any taxes, duties, excise duties and expenses related to customs clearance shall be borne by the Customer.
The stated price of a product does not include delivery charges. Unless otherwise specified in writing, all the prices indicated are to be considered VAT included and expressed in Euro if applicable. The prices applied to the Customer are always and only those indicated at the time the Customer submits the order.
5.1 Full payment will be required at the checkout.
5.2 The payment of the product(s) purchased by the Customer as well as of the relevant delivery costs will be made through the Website’s payment processor or any other payment which the Vendor may add to the Website from time to time.
5.3 The Customer must be the owner of the credit card valid at the moment of the order of the product(s) purchased on-line. At no time during the purchase procedure the Vendor is able to know the information related to the Customer's credit card, which are transmitted via secure connection directly to the bank that manages the transactions.
5.4 In no case the Vendor can therefore be held responsible for any fraudulent or illegal use of credit cards by third parties for purchases on the Website.
5.5 Pursuant to art. 22, paragraph 1, no. 1), of Presidential Decree 633/72 and art.2, letter oo), of Presidential Decree no. 696/1996, in the context of mail-order sales, there is no obligation to issue an invoice or a receipt. Under request the invoice will be sent in PDF format to the Customer via email.
6.2 The Website and/or The Vendor is not able to assist the customer if he/she is not eligible to pay using Klarna, therefore for any assistance the Customer needs to contact Klarna customer service. Here
6.3 Read “Pay Later in 3 FAQ" in Italian.
The purchased product(s) will be delivered by the Vendor to the address indicated by the Customer in no case the delivery address could be modified and the product(s) sent to a different address than the one indicated by the Customer when placing his/her order. The Vendor delivers to the Customer with DHL Courier. The order can only be processed if the delivery address is in one of the countries listed on the "Shipping" page of this Website. As an indication, without this implying any obligation for the Vendor and subject to the availability of the product(s) and possible force majeure, orders will be processed from Monday to Friday. Orders received at weekends or on public holidays will be processed on the first working day. Once the order is packed, the package will be handed over to the courier who will then deliver it to its destination. Upon receipt of the goods at his domicile, the Customer shall check the integrity of the package and correspondence with the quantity and quality of the goods ordered. In the event of discrepancies and/or differences, it shall be the responsibility of the Customer to have them noted by the courier, under penalty of forfeiture of his rights in this regard.
8.WARRANTY OF CONFORMITY
The Vendor guarantees that the product(s) are free from conformity defects, pursuant to Articles 128 et seq. of Legislative Decree no. 206 of 2005 ("Consumer Code"). These warranties apply to product(s) that present conformity defects and/or malfunctions that could not be detected at the time of purchase, provided that the Product itself is used correctly and with due diligence and that they do not derive from causes subsequent to the delivery of the product(s) to the Customer. The warranty is only due for defects that appear within a period of two years from the date of delivery of the Product ("Warranty Period"). The Customer shall forfeit the warranty if he/she does not report the conformity defect to the Vendor within twenty six months from the date the product(s) is delivered. Any non-conformity of the product(s) must be reported to the following e-mail address firstname.lastname@example.org indicating all the relevant elements, such as, for example, a precise and detailed description of the defect, the date on which it was discovered, photographs and a copy of the order confirmation sent by e-mail by the Vendor. Pursuant to Art. 135 D. Lgs. del 4 Nov. 2021, n. 170, unless proven otherwise, any lack of conformity which becomes apparent within one year from the time when the product(s) was delivered, shall be presumed to have existed at that date, unless such a presumption is incompatible with the nature of the product(s) or the nature of the lack of conformity.
The warranty does not apply: a) if the Product cannot be identified as sold by the Vendor; b) if the Product has not been used correctly, in compliance with its intended use and with the instructions for use and washing present in the Product and/or delivered with the Product; c) in the event of insubstantial differences between the product(s) delivered and their illustrative images and the text descriptions published on the Website. The Vendor reserves the right to verify the actual defect reported by the Customer and to carry out, at its own discretion but without prejudice to the provisions of art. 130 of the Consumer Code, the repair or replacement of the Product only after such control. If, following verification by the Vendor, the defect does not result as a conformity defect, the Vendor reserves the right to charge the Customer the costs of verification and restoration as well as the relevant transport costs.
9.RIGHT OF WITHDRAWAL
9.1 The Customer has the right to withdraw from the contract for any reason within fourteen (14) working days from the date of receiving the product(s) purchased on this Website. The right of withdrawal is applicable if the Returns conditions are respected. For details, please read carefully the Returns page that is part of these Terms.
9.2 In the event that the Customer wishes to exercise the right of withdrawal, he/she shall send an email to email@example.com to start the return.
10.CANCELLATION OF ORDERS BY THE VENDOR
10.1The Vendor reserves the possibility to cancel an order or an item of the order at any time if the product(s)
10.2 The Vendor reserves the right to cancel any orders it does not consider to be reliable and trustworthy.
This contract shall be governed by Italian law. Any dispute relating to the validity, interpretation or execution of this contract shall be settled by the Court of residence of the Customer. Pursuant to Article 1341 of the Italian Civil Code, by using this Website, the Customer agrees to be bound by, and to comply with, these Terms.
To resolve complaints quickly and amicably, EU Customers shall access the Online Dispute Resolution platform on the European Commission's website: ODR. The Vendor and the Customer have 90 days to come to an agreement.
12.LIMITATIONS OF LIABILITY
In no case shall The Vendor, its suppliers, its service providers be liable for any direct or indirect, loss, claim, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages suffered by the Customer and arising from the Customer use of any of the services offered by the Website or any Product purchased on the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Website. The Customer expressly agrees that the Vendor's liability for fraud or gross negligence is limited to, and shall in no event exceed, the amounts received by it and paid by the Customer in connection with the execution of the individual orders to which the liability relates. Any damage, loss, cost or greater expense is expressly excluded. By accessing the Website, the Customer expressively agrees that his/her use, or inability to use, the services and product(s) offered on the Website is at his/her sole risk. The product(s) delivered to the Customer through the Website are (except as expressly stated by the Vendor) provided 'as is' and 'as available' for the Customer’s use. The Customer expressively acknowledges that the Vendor has the right to remove, without giving him/her notice, the service of connection to the Website from time to time for maintenance, without the Vendor being held responsible for any consequences arising from this action. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Vendor liability shall be limited to the maximum extent permitted by law.
Any Contents included on www.masaramilano.com, such as, but not limited to, designs, colour combinations, images, photographs, logos, documents, and any other material published in any format on www.masaramilano.com are protected by copyright and all other intellectual property rights by the Vendor with registered office in Italy, in Via Andrea Salaino, 20144 Milano. Consequently, the Customer may not, other than for his/her own private use, copy, reproduce, distribute, edit, republish or reformat any information, wording, documents or any other material on the Website unless prior and explicit permission of the Vendor or its suppliers. The brands logos and/or trademarks, displayed on the Website are registered trademarks and are the exclusive property of the Vendor or its suppliers. Reproducing these trademarks constitutes a violation of the rights of their owners thereof by any means and is hereby forbidden, except for private use.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Last Update: February 2022