General Terms and Conditions for Online Sales

TERMS AND CONDITIONS OF SALE

These terms and conditions govern the sale of products on the madiva.it Website and regulate its use. The Seller reserves the right to periodically amend these Terms and Conditions and the Privacy Policy, for example as a result of changes in legislation or regulations or in the Website functions. The aforementioned changes will be notified to the Users via the Website with an appropriate notice and for a duration of 10 (ten) days from the date of the change. The online sale of products on the Website is regulated by the provisions of the Consumer Code, Legislative Decree no. 206/2005 and the Electronic Commerce Code, Legislative Decree no. 70/2003. The following are the Terms and Conditions of sale applicable to any Product sold on the Website.

ART. 1 DEFINITIONS

For the purposes of this contract, the following shall mean:

Seller: Maglierie di Valdengo Madiva LP, with registered office in Valdengo (BI), 13855, via Q. Sella n. 132, VAT no. 00154240022, email: servizioclienti@madiva.it.

Terms and Conditions or Contract: the totality of these contractual clauses that determine and define the relationship between the Seller and the Customer.

Platform or Website: madiva.it Website.

Users: any person accessing and proceeding to browse the Website.

Customer: any person purchasing products sold through the Website.

Consumer: the natural person acting for purposes other than professional or entrepreneurial activity.

Products: sale, under Electronic Commerce, primarily of undershirts.

Purchase Order or Order: the purchase proposal made by the User through the Website procedures and especially through the Cart.

Purchase: the onerous purchase of the abovementioned products from the day the purchase is concluded.

Cart: the stage of the purchasing process in which the User formulates their purchase proposal, selecting methods of payment, delivery of goods and similar activities.

ART. 2 OBJECT

These Terms and Conditions of Sale concern the products referred to in Article 3 below and are valid between the Seller and any User who makes a purchase on the Website as a Consumer within the meaning of the laws in force. The Customer declares and guarantees that the purchase of products on the Website is intended for strictly personal use, with the exclusion of any professional activity. Should any of the conditions prove to be null and void or ineffective, any such nullity or ineffectiveness shall not extend to the remaining clauses of these terms and conditions.

ART. 3 PRODUCT DESCRIPTION

The Website deals in retail sales, under Electronic Commerce, primarily of undershirts and similar items.

All products offered are described and illustrated within the Website, in the respective sections. Products images shown on the Website are for demonstration and illustration purposes only and are provided with the best possible quality. Nevertheless, there may be some errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the actual Product. Therefore, photographs of the Products displayed on the Website do not constitute a contractual element, as they are merely and symbolically representative of the Product being sold. Given this particular method of sale, the User is advised that any discrepancies between the representations of the Products on the Website and the Products actually delivered are contestable only if significant. The Products offered are available on the Website at the time the order is placed by the User. Product availability is continuously monitored and updated. However, it could happen that several users purchase the same Product at the same time. In such cases, therefore, the Product may still be shown as available for a short period of time, while it is instead out of stock or not immediately available, being necessary to wait for its restocking.

Should the Product be unavailable for the abovementioned reasons, or in other cases of supervening unavailability of the Product, the Seller will immediately notify the User by email. The User will thus be entitled to terminate the contract, pursuant to and in accordance with the provisions of the Consumer Code. In the event that the User has purchased several Products and only some of them have become unavailable, the contract may be terminated in part, limited to those Products, with the consequent refund, if already paid, of the amount due in respect of such Products.

 

ART. 4 PRICES AND ANCILLARY CHARGES

The prices of the Products are indicated in euros. Specifically, the cart will detail:

- the product price;

- the delivery costs.

Prices in the online shop are subject to change. In such cases, the prices published at the time the order is placed in the online shop apply.

 

ART. 5 REGISTRATION

In order to be able to make purchases via the Website, the User shall register by entering their personal data and choosing the terms of sale and use of the Services. The User willing to register on the Website must provide all the requested data and is responsible for their truthfulness and correctness.

In the event of registration, when entering their personal data, the User guarantees:

- to be of legal age and legally capable;

- to meet the proper registration requirements at the time of registration;

- to comply with all legal and contractual provisions applicable to these Terms and Conditions;

- to be the legitimate owner of the data entered, which are to be considered true, correct and updated.

Registration coincides with the opening of an account.

Upon registration, the User will be asked to provide their name, email address and a password.

The email address provided during registration enables the Seller to notify the User of all messages relating to the Services, Products and the Website in general. The use of temporary emails for registration is prohibited. In cases of abuse, the Seller reserves the right not to accept the registration, revoke it, as well as report for action to the competent authorities.

All transmitted data will be processed in strict compliance with the Privacy protection legislation. The Seller will use them to complete orders and only if explicit consent is given in this regard, the data may also be processed for the purpose of providing information on its initiatives, such as news or promotional discounts.

 

ART. 6 PURCHASE PROCEDURE AND CONCLUSION OF THE SALE

The User may purchase all Products offered for sale within the Website, as described in the relevant information sheets, by following the purchase procedures set out on the Website itself. When purchasing Products, the Customer shall follow all the instructions contained on the appropriate Website page. For the purchase of Products, the Customer shall fill in and submit to the Seller the Purchase Order form electronically, following all the instructions found on the dedicated Website page. The Customer will find a summary of the main commercial conditions, including price, payment and delivery methods, as well as information about the main features of the ordered Products and a link to the Terms and Conditions. The Customer shall place the Product they wish to purchase in the appropriate "Cart" and, after reading the Terms and Conditions, with particular reference to the contribution for delivery costs, the methods for exercising the right of withdrawal and the Privacy Policy, they shall select the desired payment method and proceed with payment.

The applicable Terms and Conditions are those in force at the time of the Order and can be found on the Website page. The contract stipulated between the Seller and the Customer shall be deemed terminated upon acceptance of the Order by the Seller. Acceptance of the Order is notified by the Seller to the Customer via an email sent to the email address provided.

The Seller reserves the right to evaluate the acceptance of orders received and may reject or otherwise not process purchase orders that are incomplete or incorrect, or in the event of the unavailability of Products or the delivery of the ordered Products to certain inconvenient geographical areas.

The Seller will notify the Customer by email of any inability to accept the Orders received in the shortest possible time after the Customer has submitted the Order and will refund any amounts already paid by the Customer in payment for the Products. Any right of the Customer to compensation or indemnity, as well as any contractual or extra-contractual liability for direct or indirect damage to people and/or property, caused by the Seller’s non-acceptance, even partial, of an Order is excluded.

 

ART. 7 PAYMENT METHODS

The following payment methods are available on the Website:

1) Payment by Bank Transfer

In this case, the Order shall be deemed completed when the Seller receives the actual credit to his bank account, which must take place within 3 to 5 working days from its execution.

After this deadline, the Order will be deemed automatically cancelled. The dispatch of the ordered goods shall take place only upon actual crediting of the amount due to the Seller's bank account.

2) PayPal

If the Customer chooses to pay via the PayPal platform, at the time of payment their browser will be directed to a secure server page with SSL encryption by entering their username and password or by creating a new account easily and immediately. PayPal protects the buyer's information as no financial information is divulged. A confirmation email will be sent by PayPal for each transaction performed using this method. The order amount is charged to the PayPal account at the time of order acquisition. In case of cancellation of the order, the amount will be refunded to the Customer's PayPal account.

3) Cash On Delivery

The Customer can pay their Order by Cash On Delivery directly to the courier when the purchased Product is delivered. This payment method incurs a surcharge, which will be indicated by the Seller. Upon delivery of the Product, the Customer shall pay the total amount of the Order directly to the courier in cash.

4) Klarna

The Participant can pay for their Order by opening an account on the Klarna platform, which allows the amount to be divided into 3 interest-free, monthly instalments.

 

ART. 8 PRODUCT SHIPPING AND DELIVERY TIMES

The Seller will deliver the purchased Products by specialised couriers, with standard service, from Monday to Friday, except public and national holidays. Products shipped in Italy are delivered within 3-5 working days approximately and within 7 working days in inconvenient areas and islands. Products shipped within the European Union are delivered within approximately 5-8 working days from dispatch.

The aforementioned delivery deadlines are to be considered as purely indicative, and therefore they cannot in any way be considered essential or binding. Any variation to the above will be communicated promptly by email to the Customer.

Shipping costs will be free of charge for orders above the thresholds indicated by the seller on the website on a case-by-case basis.

Upon delivery, the Customer shall check that the packaging is intact and clean and that the Products received correspond to those purchased. In the event that a delivered product has been damaged during shipment or is different from the one ordered, the Customer shall accurately document both the unpacking stages and the product itself with photographs, so that any damage can be proven. The Customer may request a replacement from the Seller by email and the Seller will ship the corrected product and collect the one to be replaced at the Customer's house, at its own expense.

The Customer will simply have to prepare the goods for collection, carefully packed and complete in all parts, including the shipping documents. In any case, the Seller will contact the Customer as soon as possible to inform them about the time frame for the replacement of the Product.

ART. 9 RIGHT OF WITHDRAWAL

All Purchases made by the Consumer Customer on the Website are covered by the right of withdrawal, which allows them to return the purchased Product for any reason and receive a refund within 14 days.

To exercise this right within 14 working days from the goods delivery date, it is sufficient to notify the Seller by email of the will to withdraw in whole or in part from the purchase with any explicit declaration to that effect. Within the same deadline, the Customer must arrange, using a shipment method of their choice, for the shipment of the goods to the Seller’s premises in the original packaging, undamaged and in perfect condition, complete in all its parts and carefully packed.

The package must include all the received documents. It is recommended to insure the shipment against theft and transportation damage. C.O.D. parcels will not be accepted.

The only costs required are those for returning the Product.

Upon receipt of the goods, once the integrity of the returned Product has been verified, within and no later than 14 days, the Seller will refund the cost of the shipped goods. The costs incurred in returning the goods are excluded from refund. The transportation risks for the return of the Products are borne in full by the Customer, as are the costs necessary for returning the Products subject to withdrawal.

Notwithstanding the above, it should also be noted that the Customer is liable for any reduction in the value of the Products resulting from any handling of the goods other than that necessary to establish their nature, characteristics and functioning.

The Customer expressly acknowledges and agrees that:

- the right of withdrawal does not apply to products whose receipt dates back to more than 15 business             (in which case the return of the goods will be refused).

- the right of withdrawal cannot be exercised if the purchased products have been used or worn.

- the right of withdrawal is precluded for the purchase of packaged and sealed products that are not suitable for return for hygienic or health protection reasons and that have been used after delivery.

 

ART. 10 LEGAL GUARANTEE

The Consumer Customer is entitled to a 24-month legal guarantee pursuant to Legislative Decree 206/2005 and its subsequent amendments. If the received Products do not conform to the Orders or are defective, the Customer shall notify the Seller by email, including any photographs and further details. Bearing in mind that the Seller gives exact instructions for the use and washing of the products, proof of purchase documents are required to benefit from the guarantee.

In the event of a lack of conformity of the goods, the consumer has the right:

- to the restoration of conformity,

- or to a proportional reduction in the price,

- or to the termination of the contract.

For the purpose of restoring the conformity of the goods, the consumer may choose between repair and replacement, provided that the solution chosen is not impossible or excessively onerous for the seller, taking into account:

- the value of the goods in the absence of the defect,

- the magnitude of the defect,

- the possibility of pursuing an alternative solution without inconveniencing the consumer.

The consumer is entitled to a proportional price reduction or contract termination:

- if the seller has not repaired or replaced the goods,

- if a lack of conformity persists despite the attempt to restore the goods,

- if the lack of conformity is so serious as to justify a price reduction or contract termination,

- if the seller has declared or it appears from the circumstances that he will not restore the conformity within a reasonable time.

The consumer does not have the right to terminate the contract if the lack of conformity is minor and it is the responsibility of the Seller to prove this.

The consumer is entitled to a price reduction proportional to the decrease in value of the good.

In the event of contract termination, it shall be exercised by means of a direct declaration to the seller.

If the lack of conformity relates only to some of the goods delivered, the contract may be rescinded limited to those goods. In the event of termination, the consumer:

- must return the goods to the seller at the latter's expense,

- the seller shall refund to the consumer the price paid for the goods upon receipt of the goods or of evidence provided by the consumer that the goods have been returned or dispatched.

 

ART. 11 FORCE MAJEURE

The Seller assumes no liability for poor service attributable to force majeure which prevents, in whole or in part, the execution of the contract within the set timeframe.

The Seller shall not be liable to the Customer for any damages, losses and costs incurred as a result of the non-execution or delayed execution of the contract, the Customer being entitled only to a refund of the price paid.

The Seller shall not be held responsible for damage resulting from any disconnections or interruptions of the Website, as well as for any loss of data resulting therefrom and attributable to it.

In the event of force majeure, execution of the Order will be suspended. This suspension may last for a maximum of 3 (three) months, after which the Order will be considered automatically cancelled, without any liability on the part of the Seller.

 

ART. 12 INTELLECTUAL AND INDUSTRIAL PROPERTY

The Website (and its content and graphics), the trademark, the domain name, its related sub-domains and all intellectual and industrial property rights relating thereto, are the exclusive property of the Seller, are reserved to the Seller and are not and will not be transferred or licensed to the Customer under any circumstances. Therefore, the User or the Customer must not reproduce, duplicate, copy and redistribute, retransmit also to other websites, transfer or otherwise make available to third parties, for any reason whatsoever, or otherwise use for purposes other than storage and/or consultation, the Websites and/or the Website Contents, without the prior express and formal approval from the Seller.

 

ART. 13 FAILURE TO EXERCISE A RIGHT

The Seller's failure to exercise a right does not constitute a waiver of their right to take action against the Customer or any third party for breach of obligations. The Seller therefore reserves the right to assert their rights in any case, under the terms granted.

 

ART. 14 PERSONAL DATA PROCESSING (PRIVACY)

The Personal Data provided or acquired will be processed in accordance with the principles of correctness, lawfulness, transparency and protection of confidentiality pursuant to the laws in force. The Seller, as Data Controller, processes the Personal Data of Users by taking appropriate security measures to prevent unauthorised access, disclosure, modification or destruction of Personal Data. Data processing is carried out by means of computer and/or telematic tools, with organisational methods and logic strictly related to the indicated aims.

The User's Data are collected for the execution of pre-contractual measures; for the fulfilment of obligations deriving from the stipulated contract; for the registration procedure aimed at the purchase of Products; for the following up on specific requests addressed to the Controller by the User; for the sending of promotional and commercial information and offers, including through the newsletter service based on the consent freely given by the User; for soft spam purposes; for promotional communications concerning the Products purchased without the need for the express and prior consent of the User, as provided for by art. 130, paragraph 4, Privacy Code, as amended by Legislative Decree no.101 of 2018. The Customer is therefore advised to carefully read the processing of personal data notice (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as the notice on the use of cookies with the relevant consent to their processing where required (Cookie Policy).

 

ART. 15 APPLICABLE LAW AND COURT OF JURISDICTION

These Terms and Conditions are entirely governed by Italian law.

Any dispute that may arise in relation to the validity, interpretation, execution and termination of the contracts stipulated online between the Consumer Customer and the Seller shall fall under the exclusive jurisdiction of the Court of the Consumer’s place of residence (so-called Consumer Forum).

 

ART. 16 DISPUTE RESOLUTION

In accordance with Article 49, paragraph 1, letter V of Legislative Decree No. 206/2005 (Consumer Code), the Consumer Customer may invoke the Joint Conciliation Procedure (ADR).

Pursuant to Article 14 of Regulation 524/2013, in the event of a dispute, the Consumer Customer may file a complaint through the European Union's ODR platform. For further information, please contact the Seller. 

 

ART.17 COMMUNICATIONS

For further information of any kind, please contact the Seller at the following email address: servizioclienti@madiva.it.

Pursuant to Articles 1341 and 1342 of the Civil Code, the Customer declares that they have carefully read and accepted all the clauses of these Terms and Conditions of Sale and, in particular, those relating to Articles 3, 6, 9, 10, 11, 12 and 15.