GENERAL CONDITIONS OF SALE
1. Preliminary remarks
These General Conditions of Sale govern the sales contract of Malo branded products concluded on this website (hereinafter the Site) owned by Malo Spa Via Gattinella 6 VAT no. 03473900987.
The products displayed on the Site are sold by Malo spa Via Gattinella 6 VAT no. 03473900987.
Before placing an Order, each user is invited to read these General Conditions of Sale. Indeed, submitting an Order triggers the activation of a procedure that may end with the conclusion of a sales contract.
2. The Customer
The right to conclude sales contracts on the Site is reserved solely for consumer users. A consumer user, hereinafter referred to as the Customer, is a natural person who is 18 years of age or older and who, in relation to the purchase of Products from the Site, acts for purposes unrelated to their own commercial, professional, trade or business activity, if any.
The Customer may be required to provide their first name, last name, address, date of birth, e-mail address, tax code, hereinafter collectively referred to as the Details. All Details provided by the Customer must be true and correspond to the consumer user. No Customer may provide Details about anyone else, unless this has been specifically authorised.
The resale of products purchased on the Site is expressly prohibited, as well as, more generally, their transfer for commercial, business or other purposes related to the activity that may be carried out.
3. Validity of the General Conditions of Sale
Before placing any Order, the Customer is invited to carefully read and remember these General Conditions of Sale, so that they are familiar with them, as they govern the purchase of the Products, in addition to the preparatory and subsequent stages, as well as the stage concerning payments.
The purchase of Products is exclusively governed by the General Conditions of Sale published on the Site at the time the contract of Sale is concluded.
Malo reserves the right to make changes and/or additions to these General Conditions of Sale at any time. The changes and/or additions will only be effective for purchases made after they have been published on the Site and any other previous conditions of sale will not be applied to such sales even if the previous general conditions of sale are still viewable and/or applicable on other sites.
4. Procedure for the placing of orders by the Customer.
All of the Products displayed on the Site can be viewed through the image that reproduces the photograph of the Product. Malo is committed to publishing images as faithfully as possible to the characteristics of the Products, but does not assume any responsibility in the event of any discrepancy between the image photographed and the Product, which may also depend on the device the Customer is using to view it.
The Customer states that they are aware that the images are therefore indicative and are subject to the tolerance of use.
The Customer must complete the Order to activate the purchase procedure. The products selected by the Customer will be placed in a virtual Shopping Cart, hereinafter the Shopping Cart, which will show the model, quantity, size, colour, unit price and a photograph for each product selected. The total amount will be displayed as soon as the products are included in the Shopping Cart, hereinafter indicated as Total.
Before completing the Order, the Customer must check all of the Details that have been entered and all of the details in the Order request, and should be aware that selecting the Complete Order request button will conclude the Order request procedure, which is then forwarded to Malo and that the purchase contract will be concluded once Malo has confirmed the Order.
Once the Products have been added to the Shopping Cart, the Customer must select the "pay now" button. In this way, the Customer gives their authorisation for the next withdrawal of the Total that will take place, as specified below in point 6 payments, once the Contract has been concluded.
By placing an Order, the Customer declares that they are aware of and accept these General Conditions of Sale.
The Order cannot be changed once it has been placed.
5. The Order request - confirmation of acceptance of the Order request – conclusion of the contract
By placing the Order, the Customer is submitting a contractual proposal, after which they will be sent an e-mail confirming receipt of the Order. Malo's reply e-mail will not be an acceptance of the Order, but simply and exclusively the acknowledgement of the request submitted by the Customer.
Malo's reply e-mail to the Customer will include an identification code for their Order, which must be indicated in any further correspondence.
The Order will be accepted by Malo only and exclusively following an e-mail from Malo expressly indicated as "Order Confirmation".
The contract will be concluded when the Customer receives the Order Confirmation e-mail. Malo has no obligation to accept the order which it may instead decide not to accept for reasons of expediency, at its sole discretion.
With the Order Confirmation, Malo will send the Customer an e-mail containing a summary of the Order, useful references for any complaints as well as information on the contact details for after-sales services provided by Malo, for the right of withdrawal from the contract and for the operating procedures to exercise it.
Malo will keep the Site updated, including with regard to the availability of the Products. However, the Customer is aware that the Products offered by Malo have limited availability and Malo does not assume any responsibility in the event of temporary or permanent unavailability, even if the availability is due to an error at the time the Order is completed.
In the event that the Order request is not accepted, Malo will send an e-mail cancelling the Order request within 30 days from the date of receipt of the Order request.
If only some of the Products ordered by the Customer are available, Malo will contact the Customer to ask if they wish to modify the Order, or to cancel it completely. If the Order is modified, Malo will send an e-mail confirming the amended Order.
Each price displayed on the Site is indicated in Euros and includes VAT. The Total amount of the Shopping Cart will also include any shipping costs, which will be indicated separately.
Payment can only be made using the payment methods indicated on the Site.
As far as credit card payments are concerned, the Customer guarantees that they are the holder of the card being used, that they have entered all of the details correctly and that all of the details are true, without exception. To this end, the Customer expressly indemnifies Malo from any and all direct or indirect liability that may be caused by incorrect information being entered.
Payment will be made once the contract has been concluded, using the payment method indicated by the Customer when the "pay now" button is selected when the Products are placed in the Shopping Cart.
In the event that payment is unable to be made at the time the contract is concluded due to a lack of funds or for any other reason, the contract will be terminated by virtue of article 1,456 of the Italian Civil Code.
No obligation to deliver the goods is incumbent on Malo until payment has been successfully completed.
The Customer is aware that neither the payment authorisation nor any of the financial details provided by the Customer is processed by Malo to the extent that no liability is attributable to Malo for any damage, direct or indirect, arising to the Customer for the processing of the above.
The sale of the Products is subject to the rules on warranty provided by legislation in addition to any warranty agreed with the Customer.
At the time of delivery, the Customer is asked to check the correspondence related to the Product received against what was ordered and to check that they conform.
In the event of a lack of conformity, the Customer has the right to have the conformity of the goods restored, at no cost, by means of repair or replacement.
The Customer may, at their discretion, ask Malo to repair the Product or replace it, at no cost, in either case, unless the remedy requested is objectively impossible or excessively expensive compared to the other.
In the cases provided for by law, the Customer may request, at their discretion, an appropriate reduction in the price or termination of the contract with the right, in the latter case, to a refund of the price paid.
The Customer relinquishes the rights provided for by consumer legislation if the defect of conformity is not reported to Malo within two months of the date on which the defect was discovered. Malo is liable for any lack of conformity if it becomes apparent within two years from when the goods are delivered. Any action aimed at asserting the above defects, in any case, is statute-barred within twenty-six months of delivery of the Product.
8. Right of withdrawal
The Customer has the right to withdraw, hereinafter referred to as "Right of Withdrawal", from contracts concluded in accordance with the terms and conditions set out in these General Conditions of Sale within 14 days of receipt of the Products.
In the event of multiple purchases made by the customer in a single order and delivered separately, the period of 14 days will begin from the date of receipt of the last product.
If a registered Customer wishes to exercise this right of withdrawal, they must notify Malo by following the return procedure indicated in the "Returns and Refunds" section.
Malo will be responsible for both the choice of courier and the related costs, only in the case of a change of goods (change of size and/or color).
The change can be made only once.
The Customer agrees to return any products in relation to which they have exercised the right of withdrawal within 14 days from notification of the intention to withdraw.
The Customer is expressly obliged to return the Product in the same condition in which it was received and complete with all the accessories contained in the packaging and therefore, by way of example, complete with the label, security seals, packaging, cases, boxes etc.
The right of withdrawal is excluded for Products where the label or safety seal has been removed, cut, altered and/or tampered with.
For the purposes of exercising the right of withdrawal, the only possible handling on the Products is that strictly related to the verification of the nature, characteristics and functioning of the Product, any and all other handling with respect to what is permitted will cause the Customer to forfeit the right to exercise the right of withdrawal.
No withdrawal may be legitimately exercised for Products that have been used, damaged, spoilt, stained and/or are dirty.
Following the return of the Product, Malo will carry out the necessary checks to verify that the Product does not show any indication of inappropriate handling and, once this check has been successfully passed, Malo will notify the Customer of the acceptance of the return and will process the refund. The refund will be made using the same payment method the Customer used to pay for the Order.
Malo agrees to complete the refund procedure within 14 (fourteen) days from the date of receipt of the returned Products.
9. Customer Services
The Customer has the right to request information, send communications, request assistance and send complaints by contacting Malo’s Customer Services. To this end, the Customer may:
send an e-mail to the address: email@example.com
contact Malo by phone on the number 055-873171;
send a letter to the following address Malo spa – Servizio Clienti – Via Gattinella 6,50013,Campi Bisenzio (FI) Italy.
Malo promises to respond to the above communications within 5 working days of receiving them.
10. Applicable law and disputes.
These General Conditions of Sale are governed by Italian law.
For any dispute arising from their interpretation and/or application, the Court of the place of domicile or residence of the Customer will have exclusive and binding jurisdiction.
In the event that the Customer's domicile or residence is outside the borders of Italy, the Customer may choose between the competent judicial authority in the territory where they have their domicile or place of residence or the Court of Milan.
Before starting any legal dispute, Malo immediately offers its willingness to assess the feasibility of mediation.
11. Partial invalidity
In the event that one or more of the provisions of these General Conditions of Sale governing the contract between Malo and the Customer may be void, is void and/or more generally unenforceable for any reason, the Contract will remain valid and effective for the remaining provisions governing it.