TERMS AND CONDITIONS
Preamble The offer and the sale of products on our Ecommerce are governed by this agreement (hereinafter referred to as “Agreement”), which rules the relationships between Maria Vittoria s.r.l. Via Volterrana Sud 69 50025 Montespertoli Fi P.Iva 04028340489 and the Customer. The Agreement could be amended by Maria Vittoria s.r.l is being understood that the relationship with the Customer will be governed by the Agreement as published on the Ecommerce at the time of the purchase. The Customer could require any further information directly on the Ecommerce in the CUSTOMER SERVICE Contact Us area.
Definitions Terms and expressions listed below have the meaning specified below; is being understood that, terms defined in the singular are meant to be defined also in the plural, and vice versa. Consumer: any natural person who operates on the Ecommerce for purposes not related to any entrepreneurial, commercial, artisan or professional activity, with an age of 18 years or more. Customer: any Consumer who purchases one ore more Products through the Ecommerce, approving the Agreement. Parties: means Maria Vittoria s.r.l and the Customer jointly. Ecommerce: means the virtual shop available at URL www.latinisartoriale.it , through which Products can be purchased. Products: means the items offered in the Ecommerce in order to be sold. Reserved Area: means that part of the Ecommerce, for Customer use only, through which the Customer can, upon authentication, have access to specific functions provided by Maria Vittoria s.r.l
Subject of the Agreement The Agreement regulates the online sale of Products by Maria Vittoria s.r.l to the Customer. The Products essential features are explained in every product card provided in the Ecommerce. Pictures and colours of selling Products reproduce as accurately as possible the actual features of the Products. Anyway, the pictures could not entire Maria Vittoria s.r.l y correspond to the reality, for technical reason too. As a consequence, sh Maria Vittoria s.r.l all not be held liable for the possible unsuitableness of the Pictures of the Products shown in the Ecommerce, if due to the above-mentioned technical reasons. offers to sell its Products and perform its online sale activity exclusively to Customers who are Consumers. If the Customer is not a Consumer, we invite the Customer to abstain from performing any commercial transaction through the Ecommerce. Related to its commercial policy, Maria Vittoria s.r.l reserves the right not to follow any order not coming from a Consumer or, in any case, orders not compliant with its commercial policy, in its sole discretion. In any case Maria Vittoria s.r.l reserves the right not to accept orders which appear unusual in relation to quantity of purchased Products or to the frequency of the purchases. The Customer is expressly prohibited to resale, to hire, to rent, to assign for any reason and for any commercial and/or professional purpose the Products purchased in the Ecommerce.
Conclusion of the Agreement 3.1 Registration: In order to purchase the Products provided by the Ecommerce it is necessary the prior registration. To register, the Customer must accurately fill in and send the specific form through the tools provided from time to time, stating his personal data in the appropriate fields. The registration will be effective only when the Customer will receive the confirmation e-mail and will open the link included. After this procedure, a Reserved Area will be created for the Customer, who can see his purchases, check the wish list and modify his credential. The registration credentials, as well as the access to Reserved Area, should be used by the Customer only and could never be given to third parties. The Customer agrees to keep them confidential and to ensure that no-one could have access to them, also adopting any appropriate security measures in order to minimize the risk of any access that could be unauthorized, prohibited and unsuitable to registered Area, promptly notifying w Maria Vittoria s.r.l henever he suspects an improper use or an unauthorized or prohibited access to the Reserved Area. The Customer ensures that the personal information provided during the registration procedure and at a later stage is complete and truthful. 3.2 Conclusion of the Agreement: After the Registration it will be possible to begin the purchase procedure. Before proceeding, the Customer must read the Agreement – with a focus on the withdrawal clauses – as well as print a paper copy and save a copy on a permanent storage device which consent to the Customer to store the information referred to him, to access them in future per a period of time suitable for the purposes and to reproduce identically the data stored. In order to perform the purchase of Products on the Ecommerce the Customer must fill in the electronic order form and send it to at, Maria Vittoria s.r.l. email@example.com by electronic means, following the instructions provided in the Ecommerce. Anyways, Maria Vittoria s.r.l. ensure that all the data provided by the customer will be kept and registered on an appropriate database mysql, within security backup on an external server. Before sending the order form, the Customer must notice and correct any possible error in filling in the data, checking the optioned Product. If the data would not be compliant, it is possible to modify them by clicking on the “edit data” button. In any case, in order to provide a better Customer protection, Maria Vittoria s.r.l. will send him by e-mail a receipt of his purchase order with a summary of the information included in the order form, as well as a copy of the Agreement. In this regard the Customer must verify the delivery of the documentation, by checking, if necessary, his junk e-mail box. The Customer must also verify the final price, before sending the related order form, it being understood that the price charged to the Product will be the one displayed on the website at the time of the order by the Customer. The Agreement shall be deemed concluded when Maria Vittoria s.r.l. will receive the payment by the Customer, upon electronically transmission of the order form duly filled in. By sending the order form and paying the due sum the Customer confirm to have understood and agreed the Agreement, as well as any further information provided in the Ecommerce. After the conclusion of the Agreement, Maria Vittoria s.r.l. will take charge of the purchase order. The languages available for the conclusion of the Agreement are Italian and English. Occasionally some inconveniences related to some Product availability could occur. In those circumstances, Maria Vittoria s.r.l. will promptly inform the Customer by e-mail and will offer him the possibility to choose between the purchase of an article of the same nature of the one no more available or the order cancellation. If the Customer chooses to cancel the order, he will be promptly reimbursed.
Order availability In correspondence to each Product included in the Ecommerce, Maria Vittoria s.r.l. points out if: a) it is available in its own stock; b) it is not available in its own stock; Maria Vittoria s.r.l. expressly reserves the right not to point out the availability of the Products included in the Ecommerce. The type and availability of the Products could change in any moment without any liability Maria Vittoria s.r.l. to the Customer. The indication of the Products availability is not binding, it being understood that the Products listed as “not available” could not be ordered by the Customer. Maria Vittoria s.r.l. could not perform purchase orders which include incomplete or untruthful data, or in case of Product not available.
Product Warranty Each Product sold through the Ecommerce is subject to the legal warranty, provided directly by Maria Vittoria s.r.l. according to the law. The warranty must be enforced directly by the Customer within two months from the discovery of the defect, sending a registered letter to Maria Vittoria s.r.l. to the address indicated in the premises, explaining the defect discovered. For that reason the Customer is required to store the purchase receipt. Unless proven otherwise, it is presumed that the lack of conformity that appears within 6 months from the Product delivery was already present at that time, unless this idea is not compatible with the kind of product or with the type of defect. After the notification of the lack of conformity, Maria Vittoria s.r.l.. reserves the right to offer to the Customer the appropriate remedies. In case of lack of conformity, the Customer has, anyway, the right to the restoration of the conformity of the Product, with no expenses, through repair or replacement, or adequate reduction of the price or termination of the Agreement. The Customer can ask to Maria Vittoria s.r.l. at his discretion, to repair or replace the Product, with no expenses in both the cases, unless the remedy asked is objectively impossible or excessively costly, compared to the other. A small lack of conformity for which it has not been possible or it would have been excessively costly to perform repair or replacement, does not give the right, in any case, to the termination of the Agreement.
Post-sale Assistance The post-sale assistance is provided directly by Maria Vittoria s.r.l. which could be contacted, for any question, at the address listed in the premises.
Prices The prices of the Products and the related transport expenses could be subject to updates and are VAT included. The prices of the Products, expenses, taxes and duties included, are listed in the Product card. The transport expenses are free. The prices specified in the Product card are effective until the end of the purchase procedure. If a Product price is on discount and the percentage of discount and/or the original price are displayed, this information will be referred to the price usually charged on the Ecommerce. Possible taxes, duties, custom duties and other charges provided by the Law of the Country in which the Products will be delivered will be completely borne by the Customer and will be paid by him at the time of the delivery of the Products, directly to the tax or custom authorities in charge or to the courier who has performed the delivery.
The Customer can pay the due sum through a credit card or through the other payment instruments listed in the Ecommerce. Maria Vittoria s.r.l. reserves the right to modify or implement the payment instruments available to the Customer, it being understood that the payment instruments available will be the ones listed on the Ecommerce at the time of the transmission of the order by the Customer. In case of use of credit card, the charge of the price to the Customer is made once verified the credit card data and received the charge authorisation by the company issuing the credit card used by the Customer. The credit card data sent during the order process are protected and are transmitted directly to the bank company that manages the payment. The payment occurs directly on a secure server, with SSL encryption key in order to guarantee the absolute security of the transaction.
(i) intenda acquistare i Prodotti per scopi inerenti alla propria o altrui attività imprenditoriale o professionale, in conformità a quanto previsto dal paragrafo 1.2 delle presenti Condizioni Generali; ovvero
(ii) non operi in base ad un effettivo e genuino interesse all’acquisto dei Prodotti ordinati, o
(iii) eserciti in maniera abusiva il diritto di recesso riconosciuto dal paragrafo 12 che segue.
8.2. In tali casi, la proposta d’ordine inviata dal Cliente deve intendersi priva di validità ed efficacia alcuna. Maria Vittoria s.r.l. provvederà a trasmettere al Cliente, a mezzo e-mail, una comunicazione attestante la non accettazione della proposta d’ordine da parte di Maria Vittoria s.r.l. e la mancata conclusione del contratto, curando altresì l’annullamento di ogni addebito e/o spesa a carico del Cliente.
Product transport and delivery Maria Vittoria s.r.l. is not obliged to the shipment of the Products until it receives the payment of the price; after receiving the payment, Maria Vittoria s.r.l.., undertakes to send the Products within 5 working days. The delivery terms here specified should be considered not compulsory, not essential term but merely formal. ca Maria Vittoria s.r.l. nnot, in any case, be held responsible for missing the deadline. Maria Vittoria s.r.l. guarantees the shipment of the Products, by express couriers, selected time by time according to the Product purchased and to the destination, to the delivery address provided by the Customer during the registration process or to a different address provided by the Customer during the order transmission. The Customer can check the status of orders through the online function “Online Tracking” provided by the courier in charge of the delivery and available in the Reserved Area. The Customer can perform this check only after the shipment of the Products. The Customer must verify, at the time of delivery, that the packaging and/or the Products pack are intact, not damaged, not wet or otherwise altered, in the sealing materials too. The Customer must immediately notice any damage of packaging or of Products pack, by placing a check reservation note on the courier delivery receipt, as well as by informing Maria Vittoria s.r.l. by registered e-mail or equivalent technology. If does not, and in particular if the courier delivery receipt is signed with no objection, the Customer can no longer make any complaint referred to the exterior features of what delivered.
Right to termination of the Agreement The Customer has the right to terminate the Agreement with Maria Vittoria s.r.l., without providing any reason and without any penalty within 14 (fourteen) days, from the day when he or a third party, different from the carrier in charge, obtain the physical possession of the Product. The date indicated on the delivery receipt will prevail. The right to terminate the Agreement must be enforced by the Customer by sending t Maria Vittoria s.r.l. a registered letter or a written communication by equivalent technology, with an express declaration of the intention to enforce the right to terminate the Agreement, as well as the order number related to the Agreement he wants to terminate. In order to enforce the right to termination, the Customer could use the specific “return form”, available in the order section of the Reserved Area. For the purposes of complaining with the terms, it is enough that the Customer sends the communication related to the right to termination within the termination period. This communication could be sent by telegram, telex, e-mail and fax too, with a registered letter within the 48 (forty-eight) subsequent hours. In case the Customer enforces the right to terminate, he must return to. Maria Vittoria s.r.l., the Products without any delay and, in any case, within 14 (fourteen) working days from the communication of the termination. The term is complied if the Customer sends the Products within 14 (fourteen) days from the communication of the termination. The Product will be returned to:, Maria Vittoria s.r.l. Via Volterrana Sud 69 5025 Montespertoli Fi Italia If the Customer terminates the Agreement, all the costs he had paid to Maria Vittoria s.r.l. will be refunded, the delivery costs included (except for the extra cost due to a particular kind of delivery required by the Customer, and different from the cheaper standard delivery offered by Maria Vittoria s.r.l. without any delay and in any case within 14 (fourteen) days from the day ha Maria Vittoria s.r.l. s been informed of the decision of termination of the Agreement. Those reimbursements will be performed through the same payment instrument chosen for the first transaction, except for the Customer expressly required a different payment instrument; in any case the Customer will not bear any cost as result of the reimbursement. The reimbursement can be interrupted by Maria Vittoria s.r.l. until the Products delivery or until the Customer has given the proof of the shipment. The costs related to the return of the Products are entirely in charge of the Customer. The Product must be returned intact, in the usual state of wear. If the Customer enforces the right to terminate the Agreement in any way not compliant with the conditions required by the present section, he will not have the right to any reimbursement.
Governing Law The Agreement is governed by Italian Law, without prejudice to any other overriding mandatory law in the country of residence of the Customer. In case of dispute arising from the interpretation and/or application of the Agreement will be competent to judge on the merit the Court of the domicile or residence of Customer, if sited in the European Union territory or, the Court of Florence, if the Customer instigates the complaint or if he chooses this Court. If the Customer is not resident in the European Union territory, the Court of Florence will be competent to judge, according to Italian Law.
Complaints For any complaints please contact directly , at the ad Maria Vittoria s.r.l. dresses listed in the premises.
Contacts If you want to contact directly Maria Vittoria s.r.l., please write to: Maria Vittoria s.r.l. Via Volterrana Sud 69 5025 Montespertoli Fi – ITALY. Send an e-mail to firstname.lastname@example.org
GARANZIA DI AUTENTICITÀ E DIRITTI DI PROPRIETÀ INTELLETTUALE
16.1. Maria Vittoria s.r.l. garantisce l’autenticità di tutti i Prodotti acquistati sul Sito. I Prodotti a marchio “Latini sartoriale” sono realizzati con i migliori materiali, sono confezionati da artigiani, e sono tutti rigorosamente ed integralmente MADE IN ITALY.
16.2. Il marchio “Latini Sartoriale, così come l’insieme dei marchi figurativi e non figurativi, marchi di servizio, presenti sui Prodotti, sui relativi accessori e/o imballaggi, marchi di forma, che siano oggetto di registrazione o meno, così come tutte le illustrazioni, immagini e loghi protetti da copyright, e, più in generale, tutti i diritti di proprietà intellettuale relativi ai Prodotti sono e rimangono di proprietà esclusiva delle società Maria Vittoria s.r.l. Le informazioni, le immagini, le fotografie, i marchi ed in genere gli elementi ed i materiali resi disponibili attraverso questo Sito sono e rimarranno di esclusiva proprietà di Maria Vittoria s.r.l. pertanto, sono espressamente proibite la riproduzione, parziale o totale (fatta unica eccezione per un uso personale e non commerciale), la distribuzione, la pubblicazione, la trasmissione, la modifica, in tutto od in parte, e la vendita delle informazioni, immagini, fotografie, marchi, prodotti ed in genere degli elementi e di tutto il materiale contenuto in questo Sito.
In particolare, le denominazioni ed i marchi “Latini Sartoriale” registrati o non, sono e rimarranno di esclusiva proprietà di Maria Vittoria s.r.l. e ne sono espressamente proibite, per qualsiasi ragione o scopo, la riproduzione, la distribuzione, la pubblicazione, la trasmissione, la modifica in tutto od in parte, nonché la vendita.
Control and Management The website www.latinisartoriale.it (hereinafter referred to as “the Website”) is owned by Maria Vittoria s.r.l. with Headquarters in) Maria Vittoria s.r.l. Via Volterrana Sud 69 5025 Montespertoli Fi – ITALY. (hereinafter referred to as Maria Vittoria s.r.l.), Accessing the Website and remaining on it the user agrees this terms and conditions. Maria Vittoria s.r.l., reserves the right to, in its sole discretion, modify from time to time this document. This terms and conditions are provided in several foreign languages; in the event of a conflict between the Italian version and a translated version, the Italian one shall prevail. Contents Maria Vittoria s.r.l., does not assume any liability for the accuracy, the completeness and the up-to-dateness of the data, the contents and the information of its own ownership or otherwise uploaded on the Website and/or on the related websites. The User shall verify, before taking any decision, the accuracy of the information provided on the Website. Maria Vittoria s.r.l. is exempt from any responsibility for mistakes or omission derived from the use of data and information provided by the Website. The User agrees that the communication and the transmission performed through the Website do not have confidential nature.
Products The Products displayed on the Website are part of the Maria Vittoria s.r.l. collection. Not all the Maria Vittoria s.r.l. Products shown in the Website are available in every s Maria Vittoria s.r.l. tore or in every authorized reseller. The shape, she size, the colours and the models of the Products displayed in the Website could be modified without any notice. Intellectual property rights and trademarks The Website, as a whole, as well as all the material included, is protected by the copyright law and by the other intellectual property rights. The contents, the materials, the works published or otherwise shown on the Website – including but not limited to, trademarks, logos, pictures, photos, press releases and the reproduced documents, as well as application software and the html codes, are the exclusive property of Maria Vittoria s.r.l. or used upon authorization or licence granted by the owner of the rights. The user can have those contents available only if it is essential for the correct use of the Website and therefore he cannot use them freely. Any other use of the material, for any purpose, is forbidden, unless prior consent of Maria Vittoria s.r.l. Hyperlinks The hyperlinks on the Website can address the user towards third parties web pages, considered interesting. The user agree that Maria Vittoria s.r.l. does not have any control on the contents of those websites and as a mere third party does not have any liability for the content or the material, even advertising material, disclosed there or for external sources or for products or services offered. It is forbidden to use framing techniques, useful to make a Maria Vittoria s.r.l. page or a part of it appear inside another third party webpage, letting contextually that page content – instead of appearing in an independent window or tab of the browser – appear inside a dedicated frame.