TERMS AND CONDITIONS OF SALE
These Terms and Conditions regulate the sale of any product on the website https://www.mizarandalcor.com/ and govern its use. The Seller reserves the right to periodically amend these Terms and Conditions of sale. The aforementioned modifications will be issued to Users through the website with an appropriate notice and for a duration of 10 (ten) days from the date of the modification. The online sale of products on the website is governed by the provisions of the Consumer Code Legislative Decree n. 206/2005 and of Electronic Commerce Code Legislative Decree n. 70/2003. The online store of the website is hosted by Squarespace that provides the online e-commerce platform that allows to sale the Seller’s products. 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, we mean: Seller: Ahura Mazda Srl with registered office in Lucca (LU) via di San Donato n.900 VAT identification number 0203130465, email: email@example.com Terms and conditions of the Contract: the set of present contractual clauses that determine and define the relationship between the Seller and the Customer Platform or website: the website https://www.mizarandalcor.com/ Users: any subject who accesses the website and continues browsing Customer: any subject who purchases the products sold on the website Consumer: the physical person who acts for purposes unrelated to professional activity or business activity Professional: the physical or juridical person who acts in the exercise of his business and commercial activity and who buys with VAT code Products: retail, under Electronic Commerce regime, mainly of textiles and similar. Purchase Order or Order: the purchase proposal made by the User through the procedures of the website and particularly through the Shopping Cart. Purchase: the onerous purchase of the above products from the day of the conclusion of the purchase. Shopping Cart: the step of the purchase procedure in which the User formulates his or her own purchase proposal, selecting the methods of payment, delivery of the goods and the like. Electronic Commerce: a specific way of trading, in Italy regulated by the Consumer Code and by the Electronic Commerce Decree, in which the two contracting parties conclude the contract remotely thanks to the information society services without their simultaneous physical presence.
ART. 2 SUBJECT
These Terms and Conditions of sale concern the products referred to in art. 3 and are valid between the Seller and any User who makes a purchase on the website, as a Consumer, in accordance with current regulations, or as a Professional. Whenever one of the conditions turns out to be null or ineffective the eventual nullification or ineffectiveness will not be extended to the other clauses of these terms and conditions.
ART. 3 DESCRIPTION OF THE PRODUCTS
The website, under Electronic Commerce regime, deals mainly with the retail of sustainable handmade textiles with a Mediterranean design like, for example, beach towels, bathrobes, blankets for sofas, home accessories and beach fashion accessories, all in natural materials such as linen, cotton, silk and the like. The Products and offers on the website will be available and valid until they remain online. On the website, in each Product sheet the list price and the description are reported. The images of the Products present on the website have demonstration and illustrative purposes and are represented as best as possible. However, errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the real Product may appear. Therefore, the photographs of the Products presented on the website are not a contractual element, as purely and symbolically representative of the Product bought or sold. Taking in account the handmade modality, we alert the User that eventual dissimilarities between the representations of the Products and the actual delivered Products may be disputable only if significant. In case the tolerance limit is exceeded, the Seller, at the User’s choice, will refund the price of the Product or apply a discount on the total price.
ART. 4 PRICES AND ANCILLARY COSTS
The prices of the Products are indicated in euros and the purchase Order form will include specifically: - the price of the Product; - any other charge, if due; -delivery cost. Online store prices may vary. In this case, we consider the prices published at the time of confirmation of the Order on the online store.
ART. 5 PURCHASE PROCEDURE AND CONCLUSION OF THE SALE
The User can purchase all the Products sold on the website as they are described in the relevant information sheets, following the purchase procedures provided on the website, unless running out of stock. For the purchase of the Products, the Customer must add to the “Shopping Cart” the Product he or she wants to buy and, after having read the Terms and Conditions, with reference to the delivery costs and to the procedures for exercising the right of withdrawal, he/she must choose the method of payment and proceed with payment. By sending the Order form, the Customer acknowledges and declares to fully and unconditionally accept the Terms and Conditions, as well as agrees to the processing of his/her personal data. The applicable Terms and Conditions are those in force at the time of the Order and can be found on the website. The contract stipulated between the Seller and the Customer must be considered concluded with the acceptance of the Order by the Seller. In case the invoice is needed, the Customer must request it by email to the Seller. The acceptance of the Order will be communicated by the Seller to the Customer via email sent to the email address communicated during the execution of the Order. The Seller reserves the faculty to evaluate the acceptance of the orders received and may refuse or in any case not process purchase orders that are incomplete or incorrect. The Seller will inform the Customer of any impossibility to accept the orders received in the shortest possible time from the moment in which the Customer has transmitted the Order and will refund any sums already paid by the Customer for payment of the Products. Any right of the Customer 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 Seller’s non-acceptance, even partial, of an Order, is excluded.
ART. 6 METHODS OF PAYMENT
Once the purchase Order has been placed, the Customer pays the price of the Products requested, taxes and ancillary charges in accordance with the procedures set out on the website and available for the specific Products selected. These are the payment methods generally available on the website: 1) PayPal If the Customer chooses to pay through the PayPal platform, at the time of payment his/her browser will be directed to a secure server page with SSL encryption by entering his/her username and password or by creating a new account in an easy and immediate way. PayPal protects the buyer’s information as no financial information is passed on. Every transaction with this method implies the send of a confirmation email by PayPal. The amount of the order is charged to the PayPal account at the time of order acquisition. In case of cancellation the amount is refunded to the Customer’s PayPal account. 2) Apple Pay Apple Pay is a payment service provided by Apple that allows the User to make online payments on websites and apps that support it using an iPhone 6 and higher, an Apple Watch, Mac and iPad Air 2 and higher. 3) Shop Pay Shop Pay is a payment service provided by Shopify International Ltd. that allows the User to register his/her own payment, shipping and billing information for quick check-out management on the Shopify platform using the credit card. 4) Stripe The Customer can pay his/her Order through the Stripe platform that allows to make and receive payments by rechargeable card or credit card belonging to the Visa or MasterCard circuit.
ART. 7 ORDER PROCESSING, SHIPMENT AND DELIVERY OF THE PRODUCT, TAX DOCUMENTS
At the time of shipment of the package, the date of delivery and the tracking number that will allow the Customer to follow the entire path of the shipment will be sent via email. At the time of delivery, the presence of the customer is required. The Customer must check that the packaging is intact and clean and that the Products received correspond to what is stated on the Order Confirmation. In case a Product that has been damaged during transport or that is different from the one ordered arrives, the Client must carefully document with a photograph the phases of the unpacking of the goods, in order to be able to demonstrate any damage. The Customer may require the Seller, via email, the replacement of the Product and the Seller will collect it from the Customer’s home and at his own expense and send back another one. The Customer just must prepare the goods for collection carefully packed and complete with all its parts, including transport documents. In any case, the Customer will be contacted as soon as possible by the Seller to be informed about the replacement time of the Product. The goods travel accompanied by tax receipt. To receive the goods accompanied by an invoice, it is necessary to make a request via email. In case of exportation of goods to countries outside the EU, the relevant customs duties are charged to the Customer. The customs duties due vary depending on the country of destination. The Customer must inquire about the relevant regulations and is responsible for them. Customs duties are not considered shipping costs and are therefore charged to the Customer.
ART. 8 RIGHT OF WITHDRAWAL
All purchases made by the Consumer on the website are covered by the guarantee of the right of withdrawal, which gives the opportunity to return, for whatever reason, the product purchased and to obtain the refund of the costs within 14 days. To exercise this right within 14 working days from the date of delivery of the goods it is sufficient to communicate to the Seller to want to withdraw in whole or in part from the purchase through any explicit statement such as by registered letter, e-mail or by means of the website features and functions. Within the same period the Customer must provide, using a shipping method of his/her choice, the shipment of the goods reinserted in its original packaging, intact and in perfect conditions complete with all its parts, and carefully packed to the Seller’s headquarters. The package must include all documents received. Packages in cash on delivery are not accepted. The only expenses required are those related to the return of the Product. After receiving 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 goods shipped. Expenses incurred for the return of the goods are excluded from the refund. For purchases made the refund will be made in the same manner as the payment. The risks of transport for the return of Products are fully charged to the Customer, as well as the costs necessary to return the Products subject to withdrawal. Subject to the above, it should be noted that the Customer is responsible for any decrease 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 acknowledges and expressly accepts that: - the right of withdrawal does not apply to Products received by more than 15 working days (in which case the return of the goods will be refused); - the right of withdrawal cannot be exercised in the event that the Products purchased have been used, washed, soiled even partially, or modified the packaging as it must be closed exactly as received with the same protections; - the right of withdrawal is excluded in case of purchase of Products that are not suitable to be returned for hygienic reasons or related to the protection of health, particularly regarding anti-COVID19 measures. The right of withdrawal is excluded for Professional Customers (purchase with VAT number).
ART. 9 LEGAL GUARANTEE
The Consumer, in case of receipt of Products that do not comply with the orders or are defective, has the right to the legal guarantee of 24 (twenty-four) months. In case of receipt of Products that do not comply with the orders or are defective, the Customer must inform the Seller by e-mail within the term of 2 months from the discovery of the lack of conformity, specifying whether he/she desires the replacement/repair of the Product or whether he/she wishes to have a reduction in the price of the Product. After this term, the Seller, therefore, will not be responsible for conformity defects found by the Consumer. In case of replacement or repair of the Product, the terms of the warranty relating to the Product given in replacement or resulting from the repair, are the same as those of the original Product and shall expire in any case in 24 (twenty-four) months from delivery. In case of replacement or repair of the Product, the Seller will contact the carrier who, compatibly with its availability, will collect the goods. In order to make use of the warranty it is necessary to show the purchase documents. If repair or replacement is impossible or excessively onerous, the Customer may request, at his discretion, a reduction in price or termination of the contract. It is agreed that in determining the amount of the reduction or the amount to be refunded, the use of the goods will be considered and that a minor defect, for which it was not possible or excessively expensive to carry out the remedies of repair or replacement, does not entitle the Customer to terminate the contract. The Professional Customer is not entitled to the legal guarantee of conformity but only to the legal guarantee provided for by the Civil Code, so that in the case of defects in the Products sold that make them unsuitable for use or that are such as to appreciably decrease their value, the same can ask for a reduction in price or termination of the sale in the cases provided for by the Civil Code and to this end must notify the Seller the presence of the defect within 8 (eight) days of its discovery, and in any case within 1 (one) year from delivery.
ART. 10 FORCE MAJEURE
The Seller does not assume any responsibility for inefficiencies attributable to force majeure, such as accidents, strikes and/or lockouts, earthquakes, pandemics, floods and other unforeseeable events that prevent, in whole or in part, to execute the contract within the scheduled time. The Seller is not responsible towards the Customers for possible damages, losses and costs suffered as a consequence of the failed or delayed execution of the contract, the Customer having the right only to the restitution of the price paid. The Seller is not responsible for damages resulting from disconnections, interruptions of the website, as well as the loss of data consequently occurred and attributable to himself/herself. In case of force majeure, the execution of the Order will be suspended. Such suspension will last for a maximum period of 3 (three) months, after which the Order will be considered automatically cancelled.
ART. 11 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Mediterranean design created on the textiles and sold by the Seller is protected and safeguarded by the current regulations on copyright and therefore the Customer cannot reproduce, duplicate, copy, reproduce on catalogs and/or posters it without the prior express and formal approval of the Seller. All rights provided for by Law 22 April 1941 n. 633 remain with the Seller. All the contents of the website are protected and safeguarded by the current regulations on copyright and industrial property. By way of example and not limited to the contents of the website: the domain name, trademarks, all texts, any graphic representation and/or text in general, photographs. All intellectual and industrial property rights relating to them are the exclusive property of the Seller, are reserved and are not nor will be transferred or licensed in any case to the Customer/User.
ART. 12 FAILURE TO EXERCISE A RIGHT
ART. 15 DISPUTE SETTLEMENT
According to Article 49 paragraph 1 letter V of Legislative Decree n. 206/2005 (Consumer Code) the Client-Consumer can make use of the procedure of Joint Conciliation. Pursuant to art. 14 of Regulation 524/2013, in the event of a dispute, the Client-Consumer may submit a complaint through the ODR platform of the European Union. For more information, contact the Seller ART.16 COMMUNICATION For any kind of information, it is possible to contact the Seller at the following address: firstname.lastname@example.org Pursuant to art. 1341 and 1342 c.c., the Customer declares to have carefully read and accepts all the clauses of these Terms and Conditions of Sale and particularly those of articles 3, 5, 7, 8, 9, 10, 11 and 14.