CONDITIONS OF SALE
Useful information on contract conclusion, prices, payment and return of goods.
The offer and sale of products made on the website www.manicardistrass.it are governed by these General Conditions of Sale. The Customer is obliged to read these General Terms and Conditions of Sale carefully before submitting a purchase order. The submission of a purchase order, as described below, implies full knowledge and express acceptance of these General Conditions of Sale and of what is expressly indicated in the Order Form. For this reason, before concluding the purchase contract, the Customer will be expressly asked to confirm that he/she has read the General Conditions of Sale, including the information on the right of withdrawal and the processing of personal data.
Once the online purchase procedure has been completed, the Customer is obliged to print and keep these general terms and conditions of sale and the relevant order form, which have already been viewed and accepted in accordance with the law.
1.1 The object of these General Terms and Conditions of Sale is the sale of products online through the e-commerce service on the website www.manicardistrass.it. In view of the large number of products made available, their main characteristics and prices (including any additional costs) are clearly indicated directly on the website in the sections dedicated to the individual products.
1.2 The products sold on the website can be purchased and delivered exclusively by Customers who normally reside in the countries indicated in the Order Form. Any orders for shipments to be made outside these countries will not be processed in e- commerce mode. Therefore, if you need to ship to countries not indicated in the Order Form, please contact the seller at the email addresses firstname.lastname@example.org - email@example.com.
2.1 The products are sold directly by the company MANICARDI S.r.l., with registered office and administrative headquarters in Italy, in Carpi (Mo), Via Lago Santo No 31, registration number with the Modena Companies' Register n. MO-97222, Tax Code/VAT Number 00248650368 (hereinafter also referredto as the Seller).
If you have any queries, please contact the Seller:
- by email to the following addresses: firstname.lastname@example.org - email@example.com.
- by telephone to the following address: +39 059 685251
- by post to the following address:
Via Lago Santo, 31 41012 Carpi (MO)
2.2 These General Terms and Conditions of Sale regulate the offer, forwarding and acceptance of purchase orders for products on the website www.manicardistrass.it and do not regulate the supply of services or the sale of products by parties other than the Vendor, which may be present on www.manicardistrass.it through links, banners or other hypertext links not directly referable to the Vendor. Before sending orders and purchasing products and services from parties other than the Seller, it is advisable to check their conditions of sale, since the Seller is not responsible for the provision of services by third parties other than the Seller itself.
2.3 The products are sold to the Customer identified according to the data entered by the same when filling in and sending the Order Form in electronic format, which implies the simultaneous acceptance of these General Sales Conditions.
2.4 The product offers on the www.manicardistrass.it website are intended exclusively for customers of legal age. By completing and sending an order via this website, the customer declares and guarantees that he or she is of legal age (18 years or more) and has the legal capacity to enter into binding contracts.
2.5 The Customer is forbidden to enter false and/or invented and/or fictitious names, as well as incorrect personal references, in the on- line order procedure and in further communications. The Seller reserves the right to prosecute any violation and abuse, in the interest and for the protection of all Consumers.
2.6 By accepting these Terms and Conditions of Sale, the Customer releases the Seller from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Customer at the time of placing the online order, the latter being solely responsible for their correct entry.
3. Selling prices
3.1 Unless otherwise specified in writing, all the prices of the Products and the shipping and delivery costs indicated on the website www.manicardistrass.it and in the Order Form are to be considered inclusive of VAT (value added tax, applied at the rate in force at the time of the order) and are expressed in Euros (€). The validity of the prices indicated is always and only the one indicated on the website www.manicardistrass.it at the time the Order Form is sent through the Internet. The prices of the Products and the shipping and delivery costs may vary without prior notice.
3.2 All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the website www.manicardistrass.it and in the Order form, unless otherwise specified, are not to be considered inclusive of any additional costs connected with customs duties and relative taxes, which cannot be calculated in advance, if the shipment is to countries that are not part of the European Union, or, in any case, in countries in which current legislation provides for import charges. In such cases, the existence of any additional costs indicated above will be clearly mentioned during the review and confirmation of the order. In any case, any additional costs will be borne exclusively by the Customer and must be paid according to the indications specified in the Order Confirmation.
3.3 An invoice shall not be issued unless expressly requested in the Order Form, with simultaneous indication of the tax code and VAT number.
4. Forwarding of the order and conclusion of the purchase and/or sales contract
4.1 An online purchase and/or sale contract is a contract concluded at a distance through the website www.manicardistrass.it, concerning the sale of movable goods (hereinafter also referred to as Products), stipulated between the Customer and the Seller within the scope of an e-commerce service organised by the Seller which, for this purpose, uses the remote communication technology known as the Internet.
4.2 The conclusion of the contract for the purchase of one or more Products, is completed by filling in the Order Form in electronic format and the subsequent transmission of the same to the Seller through the Internet, by the methods indicated.
4.3 The Order Form contains:
- a reference to these General Terms and Conditions of Sale;
- the information (and possibly images) relating to each Product;
- the price of each Product (including VAT);
- the payment systems available to the Customer;
- the method of delivery of the purchased Products and the relevant shipping and delivery costs;
- a reference to the conditions for the exercise of the right of withdrawal by the Customer;
- how and when to return purchased products.
4.4 Although the Seller constantly adopts measures to ensure that the images of the Products shown on the website www.manicardistrass.it are faithful reproductions of the Products themselves, including the adoption of all possible technological solutions to reduce inaccuracies and differences to a minimum, some variations are always possible due to the technical characteristics and colour resolution characteristics of the technical equipment used (camera, computer, screen). Consequently, the Seller shall not be liable for any inadequacy and/or discrepancy in the graphic representations of Products shown on the website www.manicardistrass.it, whenever this is due to the aforementioned technical reasons, since these representations have a merely illustrative function.
4.5 The contract is concluded when the Seller receives the Customer's Order Form via the Internet, after checking that the data contained therein are correct.
4.6 Once the contract has been concluded, the Seller shall take charge of the Customer's order in order to process it.
4.7 The language available during the conclusion of the contract is primarily Italian and secondarily English.
5. Meeting the Order
5.1 By completing and subsequently transmitting the Order Form, the Customer unconditionally accepts and undertakes to observe these General Conditions of Sale in his relations with the Seller.
5.2 Once the contract has been concluded in accordance with the provisions of the previous point, the Seller will send an Order Confirmation by email (to the address indicated when completing the Order Form), containing a summary of the information already contained in the Order described in the previous paragraphs.
5.3 Before sending the Order Confirmation, the Seller reserves the right to request further information from the Customer, by email or telephone, with reference to the order received.
5.4 The Seller reserves the right, at its sole discretion, not to process purchase orders that do not provide sufficient guarantees of solvency or that are incomplete and/or incorrect, or if the products are not available, or if the Order does not correspond to normal consumption needs. In all these cases, the Seller will inform the Customer by email (to the address indicated when filling out the Order Form) that the purchase contract has not been concluded, as the order has not been processed, specifying the reasons. In this case, the sum previously committed to the Customer's means of payment will be promptly released.
Furthermore, despite the Seller's best efforts in this regard, it is not possible to exclude the possibility that for a small part of the Products present on the website www.manicardistrass.it a different price from the actual one is indicated by mistake. The Seller, therefore, undertakes to check, for each order, the correctness of the prices of the products during the process of checking the order and subsequent shipment of the products. If, due to misunderstandings or other inconveniences, the price indicated on the website www.manicardistrass.it should turn out to be lower than the correct selling price of a product, the Seller will contact the Customer to verify whether the latter still wishes to purchase the product at the correct price. If this is not the case, the order cannot be accepted. If, on the other hand, the correct price of a product is lower than that indicated on the website, the Seller will charge the Customer only the lower correct price and will ship the purchased Products.
5.5 If the Products selected, presented on the website www.manicardistrass.it, are no longer available or on sale after the Order Form has been sent, the Seller will inform the Customer, promptly and in any case within thirty (30) working days from the day after the day of transmission, of the unavailability of the Products ordered. In this case, the sum previously committed to the Customer's means of payment will be promptly released.
5.6 The Seller undertakes to process the order and ship (i.e. deliver to the designated courier) the Products ordered to the Customer within and no later than 5 days from the date of conclusion of the contract, after collection of the amount due.
5.7 Each sale made by the Seller through the online sales service may concern one or more products. All orders placed on the website www.manicardistrass.it must correspond to normal consumption needs. This requirement applies to both the number of products purchased with a single order and in the case of multiple orders for the same product, even if each order includes a quantity of products corresponding to normal consumption needs. In any case, the Seller has the right not to process orders that do not correspond to normal consumption requirements.
5.8 The Seller expressly reserves the right to refuse orders from a Customer with whom there is a dispute and/or dispute regarding a previous order. This applies equally to all cases in which the Seller considers the Customer to be unsuitable, including, without limitation, the case of previous breaches of terms and conditions for online purchases or for any other legitimate reason, especially if the Customer has been involved in fraudulent activities of any kind.
6. Methods of payment
of 14 days from receipt of the goods, in accordance with the above, and will use for the reimbursement the same means of payment used by the customer for the initial transaction.
Payment of the price of the Products and the relevant shipping and delivery costs may be made by one of the methods indicated in the Order Form and summarised below.
6.1 Credit cards and prepaid cards
6.2.1 The Customer can make payments on the www.manicardistrass.it website through his PayPal account, directly using the registration references used on www.paypal.com.
6.1.1 For online orders on the website www.manicardistrass.it, the Seller accepts payment by credit card or prepaid card (by way of example, PostePay) without any additional charge on the cost of the product and shipping. It is obviously understood that the Customer must be the owner of the credit card used for payment (i.e., the name on the credit card must be the same as that indicated on the invoice data), which must be valid at the time of concluding the contract. If these conditions are not met, the order cannot be processed.
6.1.2 At the time of Order Confirmation, the amount will actually be debited from your credit card for the products purchased.
6.1.3 If, after receiving the package containing the purchased Products, for any reason, the Customer intends to make use of the right of withdrawal, following payment for the Products purchased online, the refund will be made only upon receipt of the goods, in a state of perfect integrity, subject to the necessary checks.
The seller undertakes to reimburse the customer within a maximum
6.3.1 The Customer may pay the order directly to the carrier who will physically deliver the products, in cash or by bank draft.
6.5 Standard bank transfer
6.5.1 The Customer may pay for the order by standard bank transfer to the following bank details:
- Credit institution: CREDEM S.p.A., Branch of Carpi (MO), Italy, Via Carlo Marx, n.69/77
- Current account holder: MANICARDI S.r.l.
- Current account number: 010000138992
- ABI: 03032 CAB: 23300 CIN: G
- BIC (SWIFT): BACRIT22CAR
- IBAN: IT18G 03032 23300 0100 0013 8992
In case of payment by standard bank transfer, the order will be processed as soon as the price paid is correctly credited to the Seller's current account.
6.6 At no time during the purchase process is the Seller able (or enabled) to know the information relating to the Customer's credit card or PayPal account (for example, the credit card number or the date of its expiry, or the PayPal account access parameters), which are transmitted directly to the website of the party handling the electronic payment (bank or PayPal) via a connection protected by encrypted protocol. In addition, no computer file of the Seller will retain this data.
6.7 Under no circumstances can the Seller be held liable for any fraudulent and/or improper use of credit and prepaid cards or PayPal accounts by third parties.
7. Shipping and delivery of products
7.1 Once the regularity of the order and the relative payment has been ascertained, and after having sent the Order Confirmation to the Customer, the Seller will proceed to ship the Products to the address indicated when filling out the Order Form.
7.2 The shipment contains:
- the Products ordered;
- the transport document/accompanying invoice;
- any accompanying documentation required according to the country of destination;
- any information and promotional material.
7.3 The purchased products will be sent to the shipping address indicated by the Customer in the Order Form by express courier selected by the Seller, at the Seller's discretion and according to the choices made by the Customer in the Order Form. In the Shipping section you will find additional information on costs, shipping times, shipping methods and countries served.
7.4 Upon receipt of the goods, and in any case no later than 48 hours from delivery, the Customer is required to check the integrity of the packages delivered by the courier. In the event of anomalies, it is the Customer's responsibility to point them out and make a note of them to the courier and refuse the delivery, if verified upon receipt of the Products, or to the Seller if verified within the following 48 hours. Otherwise, the Customer will lose the right to assert any subsequent claims relating to the integrity of the Products purchased.
7.5 Only if this option is specifically provided for in the Order Form can the purchased Products be collected by the Client directly at the Seller's commercial premises, located in Via Lago Santo, 31 - 41012 Carpi (MO) - Italy. In this case, the Seller will inform the Customer, by email or telephone, of the availability of the Products and the Customer will have 10 (ten) working days to arrange for collection. Failure to collect the Products within this term will automatically result in the cancellation of the order by the Seller and the reimbursement to the Customer of the entire sum previously paid (minus any expenses related to the method of delivery and collection of the Products), which must be specifically reimbursed following a specific written request by the Customer.
8. Right of withdrawal
8.1 Only if the Customer qualifies as a Consumer (meaning any natural person acting for purposes unrelated to the entrepreneurial or professional activity carried out), will he have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, notifying the Seller within 14 (fourteen) days, starting from the day on which the Customer or a third party, designated by the Customer and different from the carrier, acquires physical possession of the goods. The deadline is deemed to be met if the Customer returns the goods before the expiry of the 14 (fourteen) day period. The returned Products must be sent to:
MANICARDI S.r.l. Via Lago Santo, 31 41012 Carpi (MO) Italy
8.2 The Customer shall inform the Seller of his decision to exercise the right of withdrawal before the expiry of the aforementioned period by using the withdrawal form available at this link, or by submitting any other explicit declaration of his decision to withdraw from the contract to be sent by registered mail with return receipt, by certified mail or by email.
8.3 The right of withdrawal is subject to the following conditions:
- Returned Products must be returned in their entirety and must not have been used, worn, washed, soiled or damaged;
- Returned Products must not show obvious signs of use;
- Returned Products must be returned packaged exactly as they were shipped, complete with all accessories and labels where present. By way of example only, accessories for application to fashion, dance and sportswear, home furnishings, gifts and fancy goods, etc., must be returned in their original packaging and complete with the relevant label and/or tag where present;
- Returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products of the same
Order returned and shipped at different times;
8.4 If the right of withdrawal is exercised in accordance with the above conditions, the Seller is obliged to reimburse the sums paid by the Customer without undue delay and in any case within 14 (fourteen) days from the day on which he was informed of the Customer's decision to withdraw from the contract, provided that the Seller has already received the return of the goods or the Customer provides the Seller with proof that he has already provided for the shipment of the returned Products. In any case, the refund will be made only upon receipt of the goods in a state of perfect integrity, subject to the necessary checks. The Seller undertakes to reimburse the customer within a maximum of 14 days from receipt of the goods. The Seller shall use the same means of payment for the refund as that used by the Customer for the initial transaction, unless the latter has expressly agreed otherwise and on condition that the Customer does not incur any costs as a consequence of the refund, with the exception of out- of-pocket costs, such as, but not limited to, transport and/or delivery costs, customs costs, bank commission costs, etc..
8.5 In the event of withdrawal, the costs to be borne by the Customer shall be the initial costs of shipping the order of purchased Products. All other costs will be reimbursed by the Seller, following the exercise of the right of withdrawal (with the exception of additional costs, including the costs of original delivery).
8.6 The Seller undertakes to bear the initial shipping costs of the returned Products only in case of damage to the same due to transportation or shipping errors by the Seller. Only in these cases will the Seller also reimburse the Customer the amount paid as initial shipping costs.
8.7 For the return of the returned Products, the Customer shall use the means he deems most suitable or use his trusted courier. From the moment the Products are returned to the Seller, the Customer is exempt from any liability in case of loss of or damage to the Products.
8.8 If the right of withdrawal is exercised without complying with the procedures indicated above, the Customer will not be entitled to a refund of the sums paid. In this case, the Seller will notify the Customer by email (to the email address indicated in the Order Form) of the rejection of the return and the Customer will have the right to re-obtain, at his own expense, the Products in the state in which they were returned to the Seller. Otherwise, the Seller may retain the Products, in addition to the amounts already paid for their purchase.
8.9 As provided for by the applicable law, the right to withdraw is excluded, and therefore cannot be exercised, in the event that the Products purchased have been customised at the express request of the Customer at the time of the order.
9. Guarantee of conformity
9.1 The Seller is liable for any defect in the products offered on the website, including the non-conformity of the items to the products ordered, pursuant to the provisions of the relevant Italian legislation.
9.2 The duration of the guarantee is 2 (two) years, art. 128 et seq. of the Consumer Code, from the time of delivery of the goods. If the Customer qualifies as a Consumer (meaning any natural person who acts on the site for purposes unrelated to any entrepreneurial or professional activity carried out), this guarantee is valid provided that the conditions indicated below are met:
- a) the defect becomes apparent within 2 months from the date of delivery of the products;
- b) the Customer gives notice of the defects within a period of two months from the date on which the defect was discovered by the Customer, unless this is contrary to mandatory rules prevailing in the Customer's country of habitual residence.
9.3 In particular, in the event of a lack of conformity, the Customer who has entered into the contract as a Consumer shall be entitled to obtain the restoration of the conformity of the products without charge, by means of repair or replacement, or to obtain an appropriate price reduction or the termination of the contract in relation to the contested goods and the consequent refund of the price paid.
For any request for information, the MANICARDI S.r.l. eCommerce team is at the Customer's disposal and can be contacted at the following email addresses: firstname.lastname@example.org - email@example.com or at the following address:
eCommerce Office MANICARDI S.r.l. Via Lago Santo, 31 41012 Carpi (MO) Italy
11. Communications to the customer
The Customer acknowledges, accepts and gives his explicit consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations carried out, referring to the purchase of the Products, will be sent to the email address indicated in the Order Form.
13. Applicable law, competent court and amicable settlement of disputes
13.1 These General Conditions of Sale are governed by and construed in accordance with the laws of Italy, without prejudice to any other overriding mandatory rules of the Customer's country of habitual residence. Accordingly, the interpretation, performance and termination of these General Conditions of Sale shall be governed exclusively by Italian law (without prejudice to any other overriding mandatory provision of the Customer's country of habitual residence) and any disputes arising out of and/or in connection with these General Conditions of Sale shall be settled exclusively by the Italian courts, as further specified below. In particular, in the event that the Customer is a Consumer, the eventual disputes shall be resolved by the Court of the place of domicile or residence of the same on the basis of the applicable law or, at the choice of the Consumer in the event of an action undertaken by the same, by the Court of Modena. In the event that the Customer acts instead in the exercise of his own entrepreneurial, commercial, artisan or professional activity, the parties consensually establish, for any controversy that may arise relative to the interpretation, execution and resolution of the contract, the exclusive jurisdiction of the Court of Modena.
13.2 Given that the Seller is always available to seek an amicable solution to disputes that have arisen, through the direct contacts indicated in point 10), Customers are informed that, in accordance with Article 14 of EU Regulation No. 524/2013 and the resolution on ODR set out in Statutory Instrument No. 500/2015 in force since 15 February 2016, an online platform has been established by the European Commission for the resolution of ODR disputes ("online dispute resolution") arising from the purchase of goods online accessible at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home
chooseLanguage. Through this platform, the Customer may consult the list of bodies, find the link to each of them and initiate an online dispute resolution procedure. More information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show.
13.3 If one or more of the conditions of these General Terms and Conditions of Sale should be declared, for whatever reason, null and/or void and/or ineffective and/or unenforceable, the other conditions shall retain all their force and effect.
14. Amendment and updating
The Seller is free to make changes and/or amendments to these General Conditions of Sale at any time. Therefore, the Customer will be asked to accept exclusively the General Conditions of Sale in force at the time of the relevant purchase (i.e. at the time the Order Form is completed and submitted). The new General Terms and Conditions of Sale shall be effective from the date of publication on the website www.manicardistrass.it and in relation to purchase orders submitted after that date.