- Subject matter
1.1 The general terms and conditions of sale published herein govern the contract of sale (hereinafter, for brevity, the "Contract") to users of the Site (hereinafter, for brevity, the "Purchasers" or the "Purchaser"), by means of telematic methods, of the goods (hereinafter, for brevity, the "Goods" or the "Goods") displayed on the Internet Site www.mantovanistore.com (hereinafter, for brevity, the "Site"), managed by Mantovani S.R.L, with registered office in Carate Brianza (Mb), Corso Libertà 15/17 and registration number with the Register of Companies of Monza and Brianza MB-1202612, fiscal code 08017170153, p.i. 00888480969 in the person of its legal representative Mrs. Cesana Maria Luisa, (hereinafter, for the sake of brevity, "Mantovani" or "Mantovani Store").
1.2 The General Terms and Conditions of Sale published on the Site must be viewed and known by the Purchaser before purchasing any Goods and the Purchaser must expressly declare that he has viewed them and accepts them before sending the purchase order.
1.3 Purchasers shall also benefit from the protections provided for in the event of the conclusion of distance contracts pursuant to Title III, Section II, of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code"), in addition to all further protections provided for, in favour of Purchasers, by the Consumer Code itself.
1.4 The Sections "Purchase", "Shipping and Returns", "Payments", "Conditions of Use of the Site", "Privacy" present on the Site shall be deemed to be an integral and substantial part of these General Conditions of Sale.
- Conclusion of the Contract
2.1 In order to proceed with the purchase of the Goods, the Purchaser shall send his purchase order and make payment, following the procedures indicated in the relevant sections.
2.2 In particular, the steps to proceed to purchase are as follows:
- a) the Purchaser may freely access the Site and view the essential characteristics of the Goods displayed, including the price, as well as the images published for the purpose of illustrating the Goods themselves;
- b) the Buyer may select one or more Goods which he intends to purchase by placing them in a virtual "shopping cart". The contents of the shopping cart may always be viewed by the Buyer before proceeding to forward the order; moreover, by accessing the shopping cart the Buyer may know, prior to purchase and payment, all information relating to the purchase of the Goods, including shipping costs and expected delivery times
- c) in order to make the purchase, the Purchaser shall register on the Site, communicating his email address and a password of his choice, which shall allow him access to the Site
- d) in order to complete the order, the Purchaser, in the "shopping cart" section, shall also enter the shipping address and the data required for payment;
- e) as an alternative to registering with the Site, the Purchaser may make the purchase as a guest. In this case, the data required in order to complete the order will be kept in the Mantovani Store database only for the period of time necessary to process the order and the Buyer will be asked to enter the same data with each new order
- f) the Purchaser will be able to modify the Goods chosen and the data entered until the final submission of the order, which must be done by selecting the "order confirmation" button.
2.3 The Purchaser may pay by credit card, through the "PayPal" system, by Bank Transfer or Scalapay. If you buy with Scalapay you receive your order immediately and pay in 3 instalments. You acknowledge that the instalments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorise such transfer. More detailed information on payment methods are available in the "Payments" section of the Site.
2.4 Upon receipt of the purchase order, Universal shall send the Purchaser an order confirmation receipt to the Purchaser's email address containing a summary of the information relating to the purchase and shall proceed to process the order. The order shall, in any case, be deemed accepted and, consequently, the Contract shall be deemed concluded when the Purchaser receives the order confirmation on his email account.
- Rights and obligations of the Parties
3.1 Mantovani will deliver the Goods to the address communicated by the Purchaser in the purchase order, by means of a specially appointed carrier. More detailed information on the times, costs and places of shipment are available in the "Shipping and Returns - Shipments" section of the Site.
3.2 Mantovani accepts no liability for any errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the Purchaser or for any damage which may occur to the Goods after delivery to the carrier as well as for any delays in delivery caused by the carrier itself.
3.3 In the event that one or more Goods are not available, Mantovani will notify the Customer by sending an email to the email address indicated by the latter when registering on the Site. In this case, Mantovani will refund the Customer, to the PayPal account indicated by the same Purchaser for the purchase, the price and, if the purchase concerned only the Goods not available, the shipping costs. If the Purchaser agrees, Mantovani may send a Good other than the one ordered, of equivalent value.
3.4 In any case, the unavailability of one or more Goods ordered shall not constitute grounds for cancellation of the entire order by the Purchaser.
3.5 Upon delivery of the Goods by the carrier entrusted with their carriage, the Buyer shall verify in the presence of the carrier
- a) that the quantity and type of the Goods ordered correspond to what is indicated in the transport document and what was ordered;
- b) that the packaging used for transport is intact, undamaged or altered, even only in its sealing materials.
3.6 If the Purchaser discovers any anomalies or discrepancies, it shall notify the carrier immediately upon delivery of the Goods.
3.7 The Purchaser is solely responsible for the truthfulness and correctness of the information and data supplied to Mantovani and undertakes to promptly communicate any variations in the data previously communicated.
- Conformity of the Goods
4.1 The descriptions of the Goods and the images on the Site correspond to those provided to Mantovani by its suppliers.
4.2 Mantovani undertakes to ensure that the description and/or photographic representation of the Goods on the Site is as faithful as possible to the Goods themselves.
However, taking into account the fact that the quality of the images may depend on the computer tools used by the Buyer, it is possible that the Buyer's perception of the description or photographic representation of the Goods may not correspond exactly to the Goods themselves, so that the images and videos accompanying the presentation of the Goods must be considered to be published on the Site for descriptive purposes only.
4.3 In the event that the Goods delivered are ascertained to be faulty or different from those ordered, Mantovani undertakes to provide the Customer with a legal guarantee of conformity, to be exercised under the conditions and terms set out in articles 128 et seq. of Legislative Decree No. 206/2005. In particular, the Purchaser shall have the right to request, alternatively
- a) the delivery of a Good identical to the one ordered, subject to stock availability, or
- b) delivery of a Good of equivalent quality and price subject to stock availability, or
- c) the reimbursement of the price of the Good and the shipping costs.
4.4 The guarantee provided for in this Article shall apply only if the Goods have been handled with due diligence and in accordance with their intended use, and upon presentation by the Purchaser of the delivery note received and indication of the order number.
4.5 Expenses relating to the return and/or replacement of Goods as a result of the exercise of the guarantee shall be borne by Mantovani.
4.6 In any case the guarantee referred to in this article will not apply with reference to defects deriving from normal wear and tear of the Goods.
- Withdrawal
5.1 In accordance with the provisions of the Consumer Code, the Purchaser has the right to withdraw from the Contract, without the payment of penalties and without the need to specify the reasons, from receipt of the order confirmation sent by Mantovani and within the term of fourteen working days from receipt of the Goods.
5.2 If the Purchaser intends to make use of this right of withdrawal, he must, within the aforementioned term of fourteen working days from the date of delivery of the Goods, send Mantovani the appropriate communication.
5.3 In the event of exercising the right of withdrawal, the Purchaser will also be obliged to return the Goods to Mantovani within and no later than the term of two weeks from the sending of the aforementioned notice.
5.4 More detailed information on the procedure and instructions to be followed to exercise the right of withdrawal is available in the "Shipping and Returns - Conditions of Return and Exchange" section of the Site.
5.5 An essential condition for the exercise of the right of withdrawal will be the substantial integrity of the product to be returned, so that Mantovani will not accept Goods returned damaged. However, it is sufficient for the Goods to be returned in a normal state of preservation, in that they have been kept and handled with the use of normal diligence.
5.6 In particular, the Goods shall be returned- a) personalised goods or goods that, by their nature, cannot be returned or are liable to deteriorate or alter rapidly;
- b) electronic, computer, cosmetic and perfume goods sealed and opened by the Buyer.
- Protection of personal data
6.1 Mantovani undertakes to respect the confidentiality of personal data collected at the time of registration on the Site and/or those communicated at the time of purchase by the Purchaser and to process them in compliance with the regulations set out in Legislative Decree 196/03.
6.2 In this regard, please refer to the detailed information contained in the "Privacy" section.
- Miscellaneous
7.1 Mantovani reserves the right to amend these General Sales Conditions at any time.
7.2 The General Sales Conditions applicable to the sale of each Good will be those published on the Site on the date of the order relating to the Good itself. The Purchaser must therefore review and expressly accept these General Conditions of Sale before proceeding with any purchase.
7.3 Should any provision of these General Conditions of Sale be deemed null and void or invalid, these General Conditions of Sale shall nevertheless remain valid and effective for the remainder.
7.4 Mantovani's mere tolerance or failure to notify Mantovani of any failure by the Purchaser to comply with the provisions of the General Terms and Conditions of Sale shall not be interpreted as tacit acceptance of such failure, nor as a desire to depart from what has been agreed between the parties.
- Communications:
8.1 For any communication and/or request for assistance and/or complaint relating to the purchased Goods, the Purchaser may contact Mantovani at the following addresses:
MANTOVANI S.R.L.
Carate Brianza (Mb), Corso Libertà 15/17
Email: [email protected]
Telephone: +39 339 807 9922
- Applicable Law:
9.1 These General Terms and Conditions of Sale are governed by Italian law and, therefore, shall be interpreted and executed in accordance with it.
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- a) properly packed in their original packaging, in perfect resale condition (not ruined, damaged or soiled) and with all accessories and documentation, if any;
- b) accompanied by the transport document (present in the original packaging), so as to allow Mantovani to identify the Buyer (Order number, name, surname and address)
- c) without obvious signs of use, other than those compatible with normal testing of the article. That is to say, they shall not bear any traces of prolonged use (more than a few minutes) exceeding the time necessary for a trial run and shall not be in such a state as to prevent resale.
5.7 The costs of returning the Goods shall be borne by the Purchaser.
5.8 Following the Purchaser's exercise of the right of withdrawal in accordance with these General Sales Conditions, Mantovani will reimburse the sums paid by the latter to the Customer by crediting the Paypal account indicated for the purchase. Reimbursement will take place, without charge to the Purchaser, within 14 days from the date on which Mantovani became aware of the exercise of the right of withdrawal by the Purchaser.
5.9 The right of withdrawal, in any case, may not be applied with reference to the following Goods