TERMS AND CONDITIONS
This document contains the general terms and condition of on-line sale and payment by means of the web site corresponding to the domain name www.poshtorino.com ("SITE") owned and managed by Muma s.a.s. di Martini Mauri Enrico, having its registered office in Torino (Italy), P.zza C.L.N. 218, VAT and fiscal code, 08244300011.
These general terms and conditions (“GENERAL CONDITIONS”) apply to the contractual relationships between Muma s.a.s di Martini Mauri Enrico ("SELLER") and the client, consumer or professional (“CLIENT”), whether not differently agreed in writing.
EXECUTION OF THE AGREEMENT
1. The sale agreement by and between the Seller and the Client is executed in the moment in which the Seller accepts the order and in any case upon successful execution of the respective payment. By filling in on-line the order, the Client declares to have acknowledged all information provided during the purchase procedure and to fully accept the General Conditions hereinbelow.
2. Once completed the on-line purchase procedure, the Client shall print and save an electronic copy and in any case shall keep these General Conditions, if the Client is a consumer, in accordance with Sections 52 and 53 of Italian Legislative Decree 6 September 2005, no. 206 (“D.LGS. N. 206/2005”).
3. The Client can purchase on-line exclusively the products listed in the electronic catalogue published on the Site (“PRODUCTS”) and available at the moment of transmission of the order, as described in the respective informative document herein available. It is understood that sizes, weight, dimension and performance listed in the information document shall be approximate and that the image of the Product attached to such information document may not entirely represent its characteristics but may be different with regard to colors, dimensions, materials and/or accessorizes indicated in the picture.
4. The receipt of the order will be confirmed by the Seller by e-mail, to be sent to the address indicated by the Client by registering to private access area of the Site or by filling in the electronic form for transmission of the order. Such confirmation will contain the date and the hour of the order’s receipt and a “Client Order Number” to be used in any subsequent communication with the Seller. The confirmation to be sent by the Seller will summarize the order placed by the Client together with all relevant data entered by the same Client and these General Conditions. The Client undertakes to check the correctness of data summarized in the confirmation of order and to promptly communicate any discrepancy to be rectified, according to the modalities set forth in the same confirmation of order.
5. Should the Seller not be able, for whatever reason, to deal with the Client’s order, the customer service will inform by email the Client of such circumstance.
6. The purchase price of the Products will be the one from time to time directly pointed out by the Seller to the Client by means of the Site and listed in its global amount in the on-line shopping trolley The payment of the price can be made by the Client according to one of the modalities indicated hereinbelow.
7. The payment of the Products purchased on-line by the Client shall be made in accordance with the method chosen by the same Client at the moment of the order. No further amount other than the global amount of the order highlighted upon completion of the purchase procedure shall be charged on the Client by the Seller. The global price of the ordered Products will be increased with delivery’s costs. Any local taxes or import taxes will be the sole responsability of the Client, if applicable under the law in force in the Country to which the purchased Products are addressed. 8. The payment of the Products purchased according to these General Conditions shall be made exclusively by credit card, bank transfer or Pay Pal (www.paypal.it). 8.1 Credit card
(a) In case of payment of the Products by credit card, at the moment of execution of the on-line purchase, the referential bank will provide for the authorization for exclusively binding the amount corresponding to the purchase made. The amount corresponding to the purchased, even partially, goods will be concretely charged to the Client at the moment of the delivery of the ordered Products.
(b) In the event of termination of the agreement by the Client as per D.Lgs. n. 206/2005,or in lack of the order’s acceptance by the Seller, without any delay, this latter will ask for the cancellation of the transaction and for the release of the committed amount. With regard to certain kind of credit cards, the time for releasing the amount will depend exclusively on the banking system and may last up to their own expiry (currently equal to the 24th day from the date of authorization).
(c) The Seller reserves the right to charge Client’s credit card with the amount of the order placed by the same Client in order to avoid the risk of expiry of the authorization to the respective transaction as set forth under paragraph (a) above.
(d) The Seller reserves the right to ask the Client for additional information (such as phone number) or for the transmission of copies of the documents attesting the ownership of the used credit card. The Client acknowledges that – in lack of transmission of the requested documentation – the order may be not accepted.
(e) The Seller will not be able – at any moment of the purchase procedure – to know the information concerning Client’s credit card transmitted by protected connection directly to the bank in charge of the transaction. No computerized archive of the Seller will record such information. The Seller can not be in any case considered liable for any fraudulent or unlawful use of the credit cards by third parties which may be committed at the moment of the on-line payment of the Products purchased on the Site.
(f) In case of payment of the Products’ price by credit card, the Seller can not be considered responsible of the successfulness of the transaction that exclusively depends on the third party supplying the on-line payment service, which in any case will be chosen among the leading national professional of this field.
(g) The Client acknowledges that the purchase order’s transmission and the price payment will be made by means of electronic communication networks and services whose correct working is out of the Seller’s control and in relation to which this latter can not be considered responsible.
8.2 Bank transfer
(a) In case of payment of the Products by bank transfer, the order confirmation sent to the Client - by email by the Seller in compliance with article 4 above – will point out the bank details of the Seller. The Products indicated in the order of the Client will be kept pending the positive outcome of the bank transfer of the respective amount on the bank account of the Seller.
(b) The Client shall in any case send to the Seller- within 48 hours upon receipt of the order confirmation by email to the address firstname.lastname@example.org – a copy of the bank transfer’s order made in favour of this latter. In lack of receipt, within the above indicated 48-hours term, of a copy of the bank transfer, the Seller will be entitled to cancel the Client’s order.
(c) The shipment of Client’s order will be performed upon receipt by the Seller of the confirmation of the successful out-come of bank transfer in favour of its bank account.
8.3 Pay Pal
(a) In case of payment of the Products by Pay Pal, the Client can pay the amount corresponding to the order directly through its verified Pay Pal account. The Seller informs that payments made and originating from a verified account only will be accepted and it reserves the right to deliver the Products object of the Client’s order to the address specified in the verified Pay Pal account.
(b) The payments of Products’ orders originating from not verified Pay Pal accounts will be cancelled and, as a consequence, not executed by the Seller.
DELIVERY MEANS AND COSTS - INVOICING
9. The ordered Products will be sent to the address indicated by the Client upon registration at the private access area of the Seller or – whether different – to the address specified in the respective order. With first-time Clients the Seller reserves the right to ship the order only to the Billing Address.
10. In relation to each order made on the Site, the Seller will issue a document of sale (delivery form or invoice) concerning the delivered Products, to be sent both by email to the holder of the order and with the package of the Products. In order to issue and duly draft the document of sale, reference will be made to the information provided by the Client in the order form and at the moment of registration to the private access area of the Site. Once delivered the Products, it will no longer possible to modify the data already indicated in the document of sale. For deliveries addressed to Italy or European Union, an invoice is issued only on the Client's express request. For deliveries addressed to extra-UE countries the invoice is compulsory.
11.Any delivery costs, as indicated in the Site and in the text of the order, will be charged to the Client.
12. Delivery of the orders will be carried out from Monday to Friday. The orders placed on Friday afternoon, Saturdays or Sundays or during holidays or holidays eve will be processed by the Seller starting from the first working day following the day in which the order was placed.
13. Delivery of the Products to the Client will be carried out by a duly appointed courier. The Client will be informed about the details of the courier according to the modalities pointed out in the Site. The Seller can not be considered liable for any delay occurred in the delivery of Products.
14. At any moment the Client can verify the progress and delivery status of its order by following the link to the web site of the selected courier and matching the 'Client Order Number' – assigned with the order confirmation – and the ‘Tracking Number’ (or other similar tool) assigned to each delivery.
15. Contractual obligations of the Seller towards the Client will be considered fulfilled in the place in which the purchased Products are delivered by the Seller to the selected courier, that is to say in the city of Torino, Italy.
Delivery of the ordered Products by the courier will be carried out at street level, save whether differently communicated by the Customer Service.
16. At the moment of delivery of the purchased Product by the courier, the Client shall verify:
that the number of delivered packages coincides with the one specified in the shipping note anticipated via e-mail;
that packing is complete, undamaged nor wet or otherwise spoilt, even with regard to locking materials (adhesive tape or metallic staples).
Any possible damage to the Product and/or to the respective packing or any discrepancy with the number of packages or the indications shall be immediately objected by the Client, by displaying a WRITTEN RESERVE OF CHECK (SPECIFYING THE REASON OF SUCH RESERVE, for example “packages with holes”, “crushed packages”, etc.) on the document attesting the delivery by the courier. Once signed the document of the courier, the Client will no longer be entitled to claim anything about the external characteristics of the delivered Products.
Any claim concerning entirety, correspondence and completeness of the received Products shall be raised within 2 months starting from the respective discovery, according to the modalities indicated in these General Conditions.
17. In lack of reclaim within 5 working days of the Products stored as stock in courier’s warehouses due to reiterate impossibility of delivery to the address indicated by the Client in the order, the ordered Products will be redelivered to the warehouses of the Seller.
WITHDRAWAL RIGHT OF THE CLIENT
18. Pursuant to Section 64 of the D.Lgs. n. 206/2005, the Client consumer (and not the Client professional) has the right to withdraw from the purchase agreement for any reason, without any need for explanation as well as without any penalty, according to the terms and modalities provided in the following articles.
19. In order to exercise the withdrawal right as per article 18 above, the Client shall send to the Seller a withdrawal notice within 14 days upon receipt of the Products in relation to which such right is claimed. Such withdrawal notice shall be sent by registered letter with acknowledgment of receipt addressed to Muma s.a.s. di Martini Mauri Enrico, P.zza C.L.N. 218, 10121 Torino - Italy E-mail email@example.com or it shall be anticipated by e-mail within the above mentioned 10-days term and confirmed by registered letter with acknowledgment of receipt to be STRICLTY sent within the following 48 hours.
20. Once received such withdrawal notice, the Client will be promptly provided with instructions concerning return’s modalities together with a personal RAN code (Return Authorization Number) necessary in order to return the Product/s. The Product to be returned shall be received by the Seller within 10 days upon receipt of the above mentioned RAN. To this purpose, reference will be made to the date of delivery to the postal office or to the courier.
21. The purchased Product shall be returned complete, not used, not washed nor otherwise damaged, together with all its components/parts, with its own control tag and in its original package (included packaging and original boxes as well as any other accessories such as, by way of example, dustbags, clotheshangers and protective envelopes). In order to limit any possible damage to the original package, it is recommended to insert it into another box on which a label showing the number of RNA (authorization code of return) provided by the Seller shall be affixed; in any case no tags nor adhesive tape shall be affixed directly on the original packaging of the Product.
22. Delivery costs arising out of the return of the Products shall be the sole responsability of the Client; the cost of delivery to the Client besides the standard delivery cost as well as any other additional expenses and/or taxes pointed out upon order’s placement will not be reimbursed.
The Client will be the sole responsible of the delivery until the moment in which will be issued a receipt attesting the arrival of the Products to the warehouse of the Seller.
23. The withdrawal right applies only to the entire purchased Products; it is not possible to exercise the withdrawal right exclusively in relation to one or more part of a purchased Product. Should the order have as object more than one Product, it will be possible to exercise the withdrawal right in relation to one or more of such ordered Products, specifying in the withdrawal notice, as per article 19 above, the description of the Products to be returned.
Should the Products be damaged during the transport, the Seller will inform the Client about such circumstance (within 5 working days upon receipt of the Product in its warehouses), in order to allow the same Client to promptly claim against the selected courier or carrier and as a consequence to obtain the reimbursement of the value of the Products (whether covered by an insurance policy); in such a case the Product will be made available to the Client for the relevant return and at the same time the withdrawal request will be cancelled.
The Seller will not be liable in any case for damages or theft/loss of the Products.
Upon arrival to the Seller’s warehouse, the Product will be checked in order to estimate any damage or alteration not due to the relevant transport. Should the packaging and/or the original packages be damaged, the Seller will retain from the due reimbursement an amount equal to a percentage not higher than the 15% of the Product’s value, as contribution for restore’s expenses.
24. Save for any possible replacing expenses due in relation to ascertained damages to the original packages, the Seller will reimburse the Client with the amount already paid for the purchase of the Product within 14 working days upon its return. In case the payment has been made by credit card or by Pay Pal card, the Seller will write off the amount charged on such cards or it will reimburse the amount by bank transfer. In this latter case, the Client shall promptly provide its bank account details to which the reimbursement will be addressed (IBAN and BIC code – number of bank account and details of the bank).
25. The Client will forfeit the withdrawal right due to the lack of the essential condition of entirety of the Product (packaging and/or content), should the Seller ascertain:
the use, even partial, of the Product and of the respective accessorizes;
the lack of the external package and/or of the original internal packaging;
the lack of integral part of the Product;
the lack of the control tag attached to the Product;
the damage of the Product due to reasons other than the transport.
In such cases, the Products will be stored at the Seller’s warehouses where it will be made available to the Client for the respective collection at Client’s costs and expenses.
26. All Products sold through the Site are covered by manufacturer’s warranty in relation to defectiveness, having a duration of 12 months if the Client is a professional (holder of a VAT code) and a duration of 24 months if the Client is a consumer pursuant to D. Lgs. n. 206/2005.
27. Manufacturer’s warranty is provided and applies according to the law.
28. The warranty applies to defective Products, provided that such Products has been correctly used in compliance with its own destination of use and attached documentation. In case of defective Product, the Seller will restore, without any expense for the Client, the compliance of the Products by reparing/replacing or reducing the amount of the relevant purchase price or it will terminate the agreement. If, upon the analysis/examination carried out by the Seller, it results that the defect is not a compliance one, the costs of analysis and restoring, if applicable, will be charged to the Client, as well as any transport cost born by the Seller.
29. Should the Seller, for whatever reason, not be able to return to its Client a Product covered by the warranty (repaired or replaced), it will be entitled at its own discretion to return to the Client the amount paid taking into account the use of the Product or to replace such Product with another having equal or higher characteristics.
30. The time necessary in order to repair or replace defective Products will depend exclusively on manufacturer’s policies and no damage due to delays in carrying out the repair or the replacement can be claimed towards the Seller.
31. Should the applicable warranty provide for the return of the Product, this latter shall be returned by the Client in its original packages, completed with all its parts (included packaging and any documentation and accessorizes). To the purpose of avoiding damages to the original package, the Seller recommends to insert such original package in an additional box.
32. Entering the Site the Client and the Seller agree that the laws and the regulations of the Italian State will enforce any questions pertinent to the use of the Site and to the fulfillment of the Contract. The Client and the Seller also agree to submit exclusively to the competent Court of Torino, Italy for the questions above.