Terms and conditions
TERMS AND CONDITIONS
Art. 1) Introduction
1.1 These terms and conditions of sale (hereinafter the "Terms of Sale"), published on the website "www.maison7.it" (hereinafter the "Site"), govern and regulate the purchase and sale by electronic means through the Site of clothing branded "Maison7 You At The Center" (hereinafter the "Products" or in the singular the "Product"). The products are sold by ESSEGI S.r.l. Unipersonale (hereinafter "ESSEGI"), with registered office in Castelnuovo del Garda (VR), Via dell'Industria n. 8, Phone 045/6450351 Fax045/6461161 Pec: essegiconfezioniec.it, Paid-up share capital: € 11.000,00 (eleven thousand/00), VAT No. 03117990238, tax code and Registration Registro Imprese diVerona n. 310050.
1.2 The purchase and sale of Products are governed not only by these Conditions ofSale, but also by the regulations governing electronic commerce pursuant toLegislative Decree no. 70/2003 and consumer protection pursuant to LegislativeDecree no. 206/2005 (the so-called Consumer Code).
1.3 The purchase and sale of the Products through the Site are, in fact, exclusively addressed to a person (hereinafter the "User") who is 18 years of age or older, or whohas reached the age of majority according to the country to which he or she belongs, and who is acting in his or her capacity as a consumer for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
1.4 The purchase of Products through the Site by the User is made by following the purchase procedure indicated in the following art. 2 that will allow the completion of the relative sales contract. For the conclusion of the contract of sale the User may use the Italian or English language that are used for this purpose by the Site.
1.5. The User may not resell or transfer for commercial and/or professional purposes the Products purchased on the Site.
1.6 ESSEGI reserves the right to make changes and/or additions to the Conditions ofSale at any time. Any changes and/or additions will be effective only in relation to purchases made after the date of publication of the new version of the Conditions ofSale.
Art. 2) Purchase procedure
2.1 Within the Site, the Products are displayed by accessing the "Shop" link that allows you to view the photographic image of the Products, their price and colors available. Within the "shop" category, the User may select the link relating to each individual Product and access the relative page which contains the detailed image of the Product selected and the relative sheet in which the characteristics of theProduct are described (for example the composition, the sizes, the fit, etc.).
2.2 The photographs of the Products present on the Site may not faithfully represent the colors for technical reasons depending on the browser or device used by theUser. ESSEGI will not, therefore, be liable for any discrepancy in the graphics of theProducts due to these reasons.
2.4 The Purchase Procedure will be completed in the moment in which the User will have fully completed the phases indicated in the previous art. 2.3 and will end with the Order Confirmation. At the end of the Purchase Procedure, the User should saveor print the Conditions of Sale.
2.5 Upon receipt of the Order Confirmation and verified the availability of theselected Product or Products, except for Pre-Order Products (as better described inart. 4 below), ESSEGI will send to the User an e-mail communication validating theOrder Confirmation (hereinafter the "Order Confirmed Communication"), to the e-mail address indicated by the User in the Purchase Procedure, which will allow to view: (i) the order number attributed to the purchase order; (ii) the list of the Productor Products purchased; (iii) the delivery address and billing address (if not coincident); (iv) the price; (v) the payment method chosen.
2.6 The Notice of Confirmed Order perfects the contract of sale of the Product orProducts and will be sent by ESSEGI within 24 hours from the conclusion of thePurchase Procedure. After this deadline, in the absence of receipt of the Confirmed Order Communication, the User is invited to contact ESSEGI at the addresses indicated on the Site.
2.7 Upon receipt of (i) the confirmation of the validity of the payment made by theUser through Paypal or credit card or (ii) the actual crediting of the bank transfer or(iii) following the selection of the cash on delivery payment method, ESSEGI shall send the User a subsequent e-mail communication confirming the shipment of the purchase order (hereinafter the "Shipping Confirmation Communication") to the e-mail address indicated by the User in the Purchase Procedure.
2.8 ESSEGI reserves the right not to accept the Order Confirmation and not to send the Communication of Confirmed Order in the following cases: unavailability of one or more products included in the Order Confirmation, except as provided for the Products in Pre-Order in art. 4. In the case of partial availability of the products ordered, ESSEGI will send a notice to the User by e-mail or sms with which he will be asked if he wants to receive the available products or cancel the order completely or wait for the availability of the product. If the cancellation is only partial, will be charged to the customer only the amount of the products actually purchased and will be sent the Order Confirmed Communication relating to them; non-payment by the user by bank transfer within and not later than 2 days from theOrder Confirmation; previous violations by the user of the Terms of Sale or abusive, illegal or fraudulent conduct committed by the user; if it appears that the User purchases the Product(s) for the purpose of reselling or transferring the same for commercial or professional purposes. In such cases no contract shall be deemed to have been concluded between ESSEGI and the User.
Art. 3) Price and method of payment
3.1 The price of the Product or Products on the Site are inclusive of VAT and are expressed in Euro for the countries of the European Union.
3.2 The price charged to the User will be the one indicated on the Site at the time ofOrder Confirmation and is inclusive of shipping costs, the latter to be borne by ESSEGI.
3.3 During the Purchase Procedure, the User proceeds to pay the price by selecting one of the following methods of payment: (a) PayPal; (b) Pay Plug by credit card; (c)bank transfer; (d) cash on delivery. 3.4 In the event of payment by credit card, the transaction will be charged to theUser after ESSEGI receives authorization from the company issuing the credit card used by the User. The data relating to the credit card (card number, start date, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through ESSEGI's servers, which never has access to or stores the data of the credit card used by the User to pay for the Product. For the purposes of payment by credit card, the User warrants to be the owner of the credit card used for the purchase and the accuracy of all data relating to it, entered during the purchase process.
3.5 In case of payment through "Google Pay", "PayPal", "Apple Pay", Pay Plug, the User will be automatically redirected to the website of such suppliers and will make the payment of the Product or Products following the procedure indicated in such websites and in the terms and conditions of the contract agreed between the Use rand the aforementioned external suppliers. The transaction will be concluded when ESSEGI has received confirmation of payment.
3.6 In case of payment by bank transfer, the user will make the payment to the ESSEGI bank details displayed in the "Payment" page, entering in the reason for the order number attributed to your purchase, and will send to e.mail: firstname.lastname@example.org copy of the transfer account within and not later than 2 (two) days after sending the Purchase Order Confirmation.
3.7 In case of payment by cash on delivery, the User will pay at the moment of the delivery of the Product or Products. At the time of delivery the payment can only be made in cash. This method of payment is provided only for shipments made in Italy for purchases not exceeding € 999.00. 3.8 If, for any reason, the debiting of the amounts due by the User proves impossible, the sale process will be automatically cancelled and the sale cancelled, as per the communication that will be sent to the User.
Art. 4) Purchase of products in pre-order
4.1 On the Site may be offered for sale Products before their release on the market(hereinafter the "Pre-Order Products"). In this case the Pre-Order Products will be identified on the Site by the expressions "Pre-Order" or "Pre-Order Products".
4.2 The User who intends to purchase one or more Pre-Order Products is informed of the fact that the same or the same are not yet available for shipment at the time of sending the Order Confirmation Notice and that the relative price will instead be charged in advance, i.e. at the time of the Order Confirmation. Pre-Order Products cannot be purchased by cash on delivery. 4.3 Pre-Order Products will be delivered to You within the estimated date specified in the Product description page.
4.4 If the Purchase Order also contains one or more Pre-Order Products andProducts already in stock, the prices of all the Products will be charged to the User in advance, that is to say at the time of the Order Confirmation.
Art. 5) Availability of Products
5.1 The availability of the Products on the Site is constantly monitored by ESSEGI. The User acknowledges, however, that there may be a possibility of unavailability of the Product or some of the Products selected by the User. The Product or some of the Products may, in fact, be temporarily or permanently unavailable even after the Order Confirmation.
5.2 In case of only partial availability, the User will be informed by ESSEGI before sending the Order Confirmation. Therefore, the User agrees to receive only the available Products except in the case of Pre-Order Products.
5.3 ESSEGI reserves the right to change the items for sale on the Site at any timewithout notice.
Art. 6) Shipping and Delivery of Products
6.1 The shipment of the Product(s) will be made at the same time as sending theShipping Confirmation Notice and except in cases of purchase of Products in Pre-Order.
6.2 ESSEGI will deliver the Products purchased by the User to the address indicated by the User during the Purchase Procedure. Products are shipped only to countries belonging to the European Union and shipping costs are borne by ESSEGI only for products delivered in Italy. For deliveries outside Italy, ESSEGI will charge shipping costs of € 15.00 (fifteen/00).
6.3 The shipment can be traced by the User by accessing the link which will be sent to the User's e-mail address or by sms by the shipping service manager (here in after the "Courier") appointed by ESSEGI to deliver the Products. The Courier will also inform the User, again by e-mail or sms, of the delivery date. 6.4 The Products are delivered in Italy by the Courier from Monday to Friday from8.30 a.m. to 6.00 p.m. approximately. 30, excluding national holidays, within the estimated delivery time (hereinafter the "Delivery Time") of 2 (two) working days, forProducts to be delivered in Italy, starting from the acceptance of the shipment order transmitted to the Courier by ESSEGI, except (i) for events of force majeure -meaning those exceptional and unforeseeable events such as, merely by way of example, strikes, such as to make it temporarily impossible to perform - (ii) for purchases made on a holiday and / or (iii) for Products to be delivered outside Italy.For purchases made during an event that prevents delivery due to force majeure, the Shipping Period will begin when the event ceases. For purchases made during a holiday the Delivery Term will run from the first working day useful for the transmission by ESSEGI of the shipping order to the Courier. For shipments outside Italy, the maximum delivery period is 30 (thirty) days from the time ESSEGI takes charge of the order.
6.5 You agree to be present or to instruct a person of age to be present to collect theProduct(s) on the delivery date communicated by the Courier.
6.6 In the event of non-Delivery due to the absence of the User (or a person appointed by the User), the Courier will leave a notice indicating the delivery attempt and will make a new delivery attempt the following day. In case of absence of theUser or of a person of age appointed by the latter, even at the second delivery attempt, the Courier will deposit the Product at its own warehouse near the shipping address indicated by the User, with no storage charges borne by the latter, and will notify ESSEGI that the Product has been deposited.
6.7 In case of deposit of the Product, if the User has already paid by credit card, Paypal or bank transfer, ESSEGI will contact him by e-mail or sms informing him of the deposit of the Product and inviting him to withdraw within 10 (ten days) from the receipt of such communication. After this term in the absence of withdrawal by the User, the Product will be returned by the Courier to ESSEGI which will not provide in this case to make any refund of the Price to the User except in the eventthat the failure to collect is due to the impediment of the User due to force majeure understood as force majeure any impediment not attributable to the User nor foreseeable or avoidable. In this case ESSEGI, upon assessment and proof of the actual impediment due to force majeure by the User, will hold the Product at its premises while waiting to be contacted by the User at the addresses indicated on the Site for the relevant delivery.
6.8 In case of deposit of the Product in storage, if the User has chosen the cash on delivery payment method, ESSEGI will invite him to pick up the Product within and not later than 2 (two) days from the receipt of the e-mail or sms message with which he has been informed that the Product is at his disposal for the withdrawal. After this deadline in the absence of withdrawal, the sale will be considered resolved and will be canceled by ESSEGI. In this case the User will be informed by ESSEGI by e-mail or sms of the cancellation. 6.9 From the moment that the User or the third party designated by him to collect the Product(s), takes physical possession of the Product(s), he shall assume the risk of loss or damage.If, on the contrary, the loss or damage of the Product occurs before the material delivery to the User or a third party designated by him, ESSEGI will deliver a newProduct.
6.10 For any possible problem relating to the delivery, the User may contact ESSEGI by e-mail at: email@example.com.
Art. 7) Returns, refunds and withdrawal
7.1 Pursuant to and for the purposes of Article 52 et seq. of the Consumer Code, theUser has the right to withdraw from the purchase of the Product within 14 (fourteen)days from the date of delivery or collection of the same (meaning by "delivery" or"collection" the physical possession of the Product). To this end, the User shall notify ESSEGI of his intention to withdraw from the purchase contract, in whole or in part, within the aforementioned period of 14 (fourteen) days, by following the return procedure accessible through the "Return and Refund" section of the Site, or by contacting ESSEGI by e-mail at firstname.lastname@example.org specifying the purchase order number, address, telephone number and the date chosen for the collection of the package to be confirmed with the Courier.
7.2 The User undertakes to return the Product to ESSEGI in the same state in which it was delivered, without undue delay and, in any case, no later than 14 (fourteen) days from the date on which he communicated to ESSEGI his wish to withdraw from the contract. In order to facilitate the return operations by the User, inside the package containing the Product, there is a "return sender form" which the User may fill in and affix to the package when returning the Product to the courier appointed by ESSEGI for collection.
7.3 In the event of timely exercise of the right of withdrawal by the User in accordance with the terms of this article, ESSEGI undertakes to collect the Product and reimburse the User, within no more than 14 (fourteen) days from the date of return of the Product, the Price paid minus the collection costs. The credit will be made through the same means of payment chosen in the Purchase Procedure. Incase of payment by cash on delivery, the User shall indicate his Iban code in the e-mail communication with which he manifested to ESSEGI his wish to withdraw from the contract so as to allow ESSEGI to make the relative reimbursement by bank transfer.
7.4 If ESSEGI ascertains that the right of withdrawal exercised by the User does not comply with the conditions set forth in this article (e.g. Product worn, damaged, returned without the identification tag and/or altered in its essential qualities),ESSEGI shall not refund the Price, it being understood that in such case the User shall be entitled, at his sole expense, to the redelivery by ESSEGI of the same Product in the state in which the returned Product is found.
Art. 8) Product conformity and fault reporting
8.1 At the time of delivery, the Product shall be checked by the User in order to ascertain that it does not present manufacturing flaws or conformity defects. TheProduct is, in fact, covered by the legal guarantee of conformity provided for by article 128 and following of the Consumer Code. A lack of conformity is defined as a defect in the design or material of the Product and exists when the Product (i) is not suitable for the use for which goods of the same type are normally used, (ii) does not comply with the description on the Site (with the exception of the provisions of art.2.2), (iii) does not have the usual qualities of goods of the same type, which the User can reasonably expect, also taking into account the declarations on the Site.
8.2 In the event of lack of conformity or manufacturing defect, the User shall have the right to have the Product's conformity restored free of charge by repair or replacement, unless the remedy requested is objectively impossible or excessively onerous compared to the other. The User, secondary to repair or replacement, may request a price reduction or termination of the contract and the consequent refund of the price paid. However, the User is not allowed to terminate the purchase contract if the lack of conformity is minor.
8.3 The User loses the right to the legal warranty if he does not report the lack of conformity to ESSEGI within 2 (two) months from the date on which he discovered. the defect. In any event, ESSEGI shall only be liable for conformity defects which appear within 2 (two) years from delivery or withdrawal of the Product. The action aimed at asserting the defects shall expire within 26 (twenty-six) months from delivery or withdrawal of the Product.
8.4 The conformity defect must be reported by the User in writing by sending a communication, giving proof of actual receipt, to the ESSEGI addresses indicated on the Site.
8. 5 In any event, the User shall not be entitled to the remedies provided for in this article if, by way of example only, (i) the Product has been repaired and/or altered by parties other than ESSEGI, (ii) at the time of conclusion of the Purchase Agreement, the User was aware of the lack of conformity of the Product and/or could not ignore it with ordinary diligence, (iii) the defects in the Product are due (in whole or in part)to improper use of the Product by the User and/or incorrect washing of the Product.
Art. 9) Limitation of Liability
ESSEGI is in no way liable, except in cases of willful misconduct or gross negligence, to the User for indirect or consequential damages that may arise from the purchaseof products offered for sale through the Site.
Art. 10) Intellectual Property Rights
The trademark "Maison 7" is a registered trademark granted under exclusive license to ESSEGI. The total or partial reproduction, modification, tampering or use of this trademark and also of the illustrations, images and logos, for whatever reason and on whatever medium, are absolutely forbidden.
Art. 11) Miscellaneous 11.1
The original or supervening invalidity of any of the clauses of the Terms of Sale will not invalidate the remaining provisions, or parts thereof, remain, however, binding and / or applicable by and between the parties.
11.2 The User may not assign the General Conditions and/or the Purchase Agreements in force, either in whole or in part, nor may he assign any of the rights or obligations arising therefrom, without the prior written consent of ESSEGI.
Art. 12) Disputes
12.1 These Conditions of Sale are governed by Italian law and shall be interpreted in accordance with it, without prejudice to any other mandatory rule more favorable to the User applicable in the User's country of habitual residence.
12.2 In the event of a dispute arising from the interpretation and / or application of the Conditions of Sale, the User has the right to promote a procedure for out-of-court settlement of disputes provided for by law using the online platform made available by the European Commission through the website http://ec.europa.eu/odr.Alternatively, the User may promote a judgment which will be competent, exclusively and without exception, the Court of the place of his residence or domicile if located in the territory of the Italian State. If the User's domicile or residence is located in a country other than Italy, the User may refer the matter to the court of his place of residence or domicile or to the court of Verona where ESSEGI has its registered office.