Terms of service
GENERAL TERMS AND CONDITIONS
For the purposes of these General Terms and Conditions of contract, the following definitions apply:
Vendor: Marigré, owner Marina Suraci, VAT number 12203260018,
registered office in Turin Via Gaeta 18, email email@example.com
Privacy Code: Code regarding Personal Data protection that is governed by Legislative Decree no. 30th June 2003, no. 196 with subsequent modifications and additions;
Electronic Commerce: a particular mode of commerce, governed in Italy by the Consumer Code (Legislative Decree no. 206 of 6th September 2005) and by the E-Commerce Decree (Legislative Decree no. 70 of 9th April 2003) in which, concerning this agreement, Seller and Consumer conclude the contract remotely through the Site (without their physical, simultaneous presence) therefore delivery of products is not contextual but takes place (as in this case) through shipping by third party operators (couriers/shippers); alternatively, purchase via electronic commerce might take place at the Seller's premises.
Cart: the specific section of the Site intended for completing the Purchase Order.General Conditions:the present General Conditions of Contract, through which the Seller intends to regulate sales relationship with its customers;
Consumer: a person who enters the Site, browses on it and makes online purchases according to the envisaged procedure;
Credentials: user id and password chosen by the Consumer when registering on the Site, to be used for the purposes indicated therein;
Privacy information: privacy information drafted in compliance with no. 13 and 14 of EU Regulation 2016/679 (GDPR) and Legislative Decree 196/03 (Privacy Code) as reformed by Legislative Decree 101/2018.
Modulo di Registration Form: form available on the Site through which consumers proceed to create their own account.
Purchase Order: purchase order made by the Consumer through Site procedures;
Products: products sold through the Site under an Electronic Commerce regime;Website or Site: the website located on www.marigre.com domain;
Services: Electronic Commerce services made available to Consumers by the Seller through the Website, such as an online purchase procedure in an electronic commerce mode, an online catalog, sales promotion services, a shopping cart and all other tools that facilitate consumers’ browsing on the Site, in addition to all the services and accessories for selling Products, and any other activity carried out by the Seller through the Site;
2. Application of the present General Conditions
The present General Conditions govern the general rules of Services offered by the Seller via the Website to all Consumers.
In completing the electronic purchase process, Consumers will approve these General Conditions.
3. Purchase order
In order to complete their Order, Consumers must create their own account by filling in the Registration Form and choosing their Credentials.
Once they select the product they intend to purchase, Consumers must access the Shopping Cart and follow the instructions provided therein for completing payment procedure by credit card or Paypal.
As soon payment is made Consumers will receive an e-mail confirming the receipt and acceptance of the Purchase Order by the Seller.
The purchase contract is considered concluded when the consumer receives the aforementioned e-mail.
Shipping costs will be highlighted in the Cart before completing payment procedure.
4. Product delivery
Deliveries are usually made during working hours to the address indicated by the Consumer as specified in the order confirmation email.
When delivery is made, the Consumer must check the content, indicate any irregularities and/or discrepancies compared to what he/she ordered in the transport document and/or in the delivery note.
In case of non-collection within the deadline set by the courier, the items will be returned to the Seller, who will refund the Consumer except for the shipping cost.
The Seller shall not be liable for errors of delivery due to imprecise or incomplete compilation of the purchase order by the Consumer, for damages that may have occurred to the Products after delivery to a courier that has been chosen by the consumer, or for delivery delays attributable to the courier.
5. Right to withdrawal
The Consumer has the right to withdraw from the Purchase Order without giving any reasons within 14 days from the delivery date. If the Consumer has entrusted a person with the item(s) collection, the withdrawal deadline starts from the day of delivery to the designated person other than the courier.
To exercise the withdrawal, Consumers must communicate their decision to the e-mail address firstname.lastname@example.org within 14 days of receipt of the product, indicating all the data listed in Shipping and Returns. The Seller will then contact the shipper to arrange the collection as indicated in the email by Consumers, and will send them an e-mail with all necessary information.
IIn case of cooling-off, the Seller will reimburse the Consumer the price of the Product net of shipping costs.
The refund will be carried out with the same payment method chosen by the Consumer at the time of Purchase. The refund can be retained until the Seller receives the Product and will be refused if:
- The returned item is not intact and/or has been used;
- The tag is not attached to the garment;
- The product is damaged due to the fault of the Consumer.
The Seller ensures that the Products comply to the sales agreement under articles 129 and 130 of Italian Consumer Code (Legislative Decree 6th September 2005 no. 206).
In case of defective product under warranty, the Consumer has the right to the repair or replacement by the Seller, without incurring any cost. The consumer will have the right to a price reduction or to terminate the contract in the following cases: (a) if the replacement or repair of the product is not possible or is excessively expensive; (b) if the seller has neither repaired nor replaced the product within a reasonable period of time. To determine the amount of price reduction, Consumer’s use of the product will be taken into account. Slight defects that make repair or replacement impossible or excessively burdensome are not eligible for the termination of the contract.
Slight, unimportant differences between the Products and their correspondent images and text descriptions on the site do not constitute a lack of conformity.
The Seller is responsible when the lack of conformity occurs within two years of delivery of the Product.
Consumers will lose their warranty right if they do not report the lack of conformity to the Seller within two months from the date they discovered the defect. They must report the defected items to the email address: email@example.com.
7. Applicable law and jurisdiction
These General Conditions, as any contract with the Consumer, are governed by Italian law, particularly Title III, Chapter I of Consumer Code (Legislative Decree 6th September 2005 no. 206) dealing with Consumers.
Except for the mandatory competence prescribed by article no. 66 bis of Consumer Code (Legislative Decree 6th September 2005 no. 206), the Court of Turin will have exclusive competence in respect of any dispute concerning the validity, interpretation and/or execution of the General Conditions or sale contracts with the Seller.
Extra-judicial dispute resolution procedures mentioned in the Consumer Code, Part V, Title II bis (Legislative Decree No. 206 of 6th September 2005) are applicable law.