GENERAL TERMS AND CONDITIONS OF SALE

The customer information and these General Terms and Conditions apply to all orders placed through the website. Sending an order implies acceptance of these General Terms and Conditions. These terms and conditions may be changed at any time, by the operator of this website, at its own discretion, without the need to provide any prior notice to users of the site. Any changes made will be effective from the date of publication on the site and will apply only to sales concluded from that date.

PARTIES OF THE PURCHASE CONTRACT

The website intended for the production and sale of items via the internet is managed by the company MALOIDEA srl with registered office in Via Monte Acuto, 49 – 06034 Foligno (PG) – P.Iva 03827970546. Purchases of products made through the site will see as parties the company MALOIDEA srl as seller and the person who proceeds to purchase one or more products for purposes related to their commercial, craft or professional activity, as buyer. Seller and purchaser will hereinafter be collectively referred to as the ‘parties’.
Any communication from the purchaser connected and/or related to the purchase of the products, including any reports, complaints, requests concerning the purchase and/or delivery of the products, must be sent to the seller at the addresses and in the manner indicated on the website and at the e-mail address: arianna.bastianini@maloidea.it.
The sales contract concluded between the seller and the purchaser shall be governed by Italian law. At the same time as transmitting the purchase order, the consumer accepts that confirmation of the information relating to the order placed and these general terms and conditions of sale will be sent to him by e-mail to the address declared by the same during registration on the site, i.e. during the purchase process. In order to make purchases via the site, the consumer must register. Any costs for the Internet connection to the site, including telephone costs, are the sole responsibility of the consumer, according to the rates applied by the operator selected by the consumer.

CHARACTERISTICS OF THE PRODUCTS

The products are sold with the characteristics described on the site and according to the general sales conditions published on the site at the time the order is sent by the consumer, to the exclusion of any other condition or term. The prices, products for sale on the site and/or their characteristics are subject to change without notice; before sending the purchase order the purchaser is invited to check the final sale price.

CONCLUSION OF THE PURCHASE CONTRACT

The purchase order transmitted via the site has the value of a contractual proposal and is governed by these general terms and conditions of sale, which form an integral part of the order itself and which the purchaser, by transmitting the order to the seller, is obliged to accept in full and without reservation.

PROCEDURE FOR SELECTING AND PURCHASING PRODUCTS

The products presented on the site may be purchased by selecting the products of interest and placing them in the virtual shopping cart. Once the selection of products has been completed, in order to purchase those placed in the shopping cart, the purchaser will be asked to provide his or her data in order to complete the order and allow the contract to be finalised. The purchaser will be shown a summary of the order to be carried out, the contents of which can be modified: then the purchaser, after reading it carefully, must expressly approve these general sales conditions, by means of the special check-box on the website and finally, by means of the complete order button, the purchaser will be asked to confirm his order, which will thus be definitively sent to the seller and will produce the effects referred to in Article 3 of this contract. The purchaser will also be asked to choose the shipping method and payment method from those available.

DELIVERY OF GOODS AND ACCEPTANCE

The site indicates the availability of the products and their delivery times, however this information is to be considered purely indicative and not binding for the seller. The seller undertakes to do everything within its power to respect the delivery times indicated on the site and, in any case, to execute delivery within a maximum time of 30 days from the date of payment of the purchase order. In the event of non-execution of the order by the seller, due to the unavailability, even temporary, of the product, the seller shall refund any amounts already paid by the purchaser for payment of the product.
In the event of non-payment, the order shall not be processed.
Shipment of the products ordered by the purchaser shall take place by the method selected by the purchaser from among those available and indicated on the site at the time the order is sent.
The purchaser undertakes to promptly and as soon as possible check that the delivery includes all and only the products purchased and to promptly inform the seller of any defect in the products received or of their non-conformity with the order placed, in accordance with the procedure set out in Article 10 of these general terms and conditions of sale. Failing this, the products shall be considered accepted. Should the packaging or wrapping of the products ordered by the purchaser arrive at their destination manifestly damaged, the purchaser shall refuse delivery by the carrier/freight forwarder or accept delivery “with reservation”.

The seller assumes no liability for inefficiencies attributable to force majeure of any nature or kind whatsoever if it fails to execute the contract within the agreed time.

For foreign shipments, delivery times vary depending on location and will be communicated upon acceptance of the order.

PRICES, SHIPPING COSTS, DUTIES AND TAXES

The price of the products is that indicated on the site when the order is placed by the purchaser. Prices include standard packaging costs and any indirect taxes (if applicable), while they do not include shipping costs and VAT, which are calculated before the order confirmation sent by the seller to the buyer and which the buyer undertakes to pay to the seller in addition to the price indicated on the site.
If the products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales tax which the purchaser undertakes as of now to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the products will be delivered.
Any additional costs, charges, duties, taxes and/or levies that a given country may apply, for any reason whatsoever, to the products ordered under these general terms and conditions of sale are the sole responsibility of the purchaser. The purchaser declares that the lack of knowledge of the costs, charges, duties, taxes and/or levies referred to in the preceding points at the time of sending an order to the seller shall not constitute grounds for termination of the present contract and that it cannot in any way charge the aforementioned charges to the seller.

PAYMENTS

The buyer expressly agrees that the execution of the contract by the seller shall begin when the price of the product(s) purchased is credited to the seller’s current account. Payment may be made by credit card via PayPal, or by bank transfer. The seller may allow further payment methods, indicating them in the payment section of the website. If payment is made by credit card, the buyer shall be transferred to a secure Paypal site. The transmitted data shall be sent in a protected mode and shall not be accessible to the seller either. If payment is made by bank transfer in favour of the seller, the buyer shall indicate the “Swift” and “IBAN” codes stated in the order confirmation, as well as the order number. The seller shall promptly transmit to the purchaser, where required by applicable law, the tax receipt relating to the purchase executed attached in hard copy to the purchased products.

Failure to pay for the goods within 8 days of the order shall result in the cancellation of the order.

SELLER’S CONFORMITY WARRANTY

The products sold are guaranteed by the legal warranty of 24 months.
The seller warrants to the purchaser that all products shall be free from defects in design and material (non-faulty) and conform to the descriptions published on the website. The application of any guarantee is excluded in the event of use that is not in accordance with the product’s intended use and the instructions/warnings on the subject provided by the seller, or in the illustrative reference documentation, tags or labels.
The guarantee shall not apply if the product has been tampered with by unauthorised personnel, if the defects have been caused by carelessness or misuse by the Buyer, malice, transport, shocks, falls, moisture, or other causes not dependent on manufacturing or production defects.
Under penalty of forfeiture of this guarantee, the purchaser shall be obliged to report any defects and non-conformities within and no later than 15 days from their discovery, but in any case no later than 1 month from the purchase, by sending to customer service at the following e-mail address:arianna.bastianini@maloidea.it , the appropriate form correctly filled out with an indication of the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself.
Following receipt of the form and the relevant documentation, the seller will assess the defects and non-conformities reported by the purchaser through the customer service and, after having carried out the relevant checks, will decide whether to authorise the return of the products by providing the purchaser with a reply, containing the “return code”, by e-mail to the address provided by the latter during the registration process on the site or when placing the order.
The authorisation to return the products shall in no way constitute recognition of defects or non-conformities, the existence of which must be verified after the return. The (defective) products for which the seller has authorised the return must be returned to the purchaser, together with a copy of the return authorisation notice bearing the “return code” within 30 (thirty) days of the defect or non-conformity being reported. If the seller is required to reimburse the purchaser for the price paid, the reimbursement shall be made either by the same means of payment used by the purchaser when purchasing the product or by bank transfer. It shall be the purchaser’s responsibility to inform the seller, again by e-mail, of the bank details for making the transfer in his favour and to ensure that the seller is put in a position to be able to return the sum due.

RIGHT OF WITHDRAWAL

The exchange of goods can be made for any article of equal cost to the one purchased.
The deadline for requesting the right of withdrawal or exchange of goods is 15 working days from the date of receipt of the product. The service department will, within a maximum of 30 calendar days, either provide a refund in the case of withdrawal or ship the new replacement product in the case of an exchange of goods. It is necessary that the package, received by the service department, with the returned goods is completely intact in its original packaging and that the purchase receipt is placed inside the box. It is recommended that a sheet be placed inside the package with all the data required for the refund or exchange of goods including identification and contact details. In any case, shipping for the return of products is always the responsibility of the customer. Any shipping of the new product in the event of an exchange is always the responsibility of the company.

BUYER’S DATA AND PRIVACY PROTECTION

In order to proceed with the placing of the order and thus with the conclusion of this contract, certain personal data are requested from the purchaser through the site. The purchaser acknowledges that the personal data provided will be recorded and used by the seller – in accordance with and in compliance with the regulations set out in Italian law D. Legislative Decree No. 196/2003 and subsequent amendments on privacy – to execute each purchase made through the site and, subject to the buyer’s consent, for any further activities as indicated in the privacy policy provided to the buyer through the site at the time of the order. The purchaser declares and guarantees that the data provided to the seller during the purchase process are correct and truthful. For any further information on how the buyer’s personal data is processed, please access the Privacy Policy or Privacy Policy section of the site.

SECURITY

Although the seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the seller cannot guarantee that the information or data displayed by the purchaser on the website cannot be accessed or viewed by unauthorised third parties. The seller, with regard to credit card payment data, uses the services of the company Paypal which adopts technological systems to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

APPLICABLE LAW AND PLACE OF JURISDICTION AND ARBITRATION CLAUSE

Any contract of sale concluded pursuant to these general conditions of sale shall be governed by and construed in accordance with the laws of Italy. In any case, the rights that may be attributed to consumers by mandatory provisions of law in force in their own country shall remain unaffected. The Court of Perugia shall have exclusive jurisdiction over any disputes, unless this provision is not applicable due to mandatory provisions of law in force in the purchaser’s country of residence.