Terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE

1. Preface

These General Conditions of Sale govern the contract of sale 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 should read these General Conditions of Sale. In fact, the submission of an Order leads to the activation of a procedure that may end with the conclusion of a sales contract.

2. Customer

The right to conclude sales contracts on the Site is reserved solely for consumer users. Consumer user, hereinafter Customer, is the natural person who has reached the age of 18 and who, in relation to the purchase of the Products from the Site, acts for purposes unrelated to their commercial, professional, artisan and business activity.

The Customer may be required to provide their name, surname, address, date of birth, e-mail address and tax code, hereinafter 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 of another person, unless specifically authorized.

For products purchased on the Site it is expressly forbidden to resell them as well as, more generally, to transfer them for professional, business or any other purposes related to the activity carried out.

3. Effectiveness of the general conditions of sale

Before sending any Order, the Customer should carefully read these General Conditions of Sale, in order to know and remember them, since they govern the purchase of the Products, in addition to the preparatory and subsequent phase, as well as to the phase relating to payments. 

The purchase of the Products is governed exclusively by the General Conditions of Sale published on the Site at the time of conclusion of the Sales contract.

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 take effect for purchases concluded after their publication 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 sending the Order by the Customer

All the Products displayed on the Site can be viewed through the image that reproduces the photograph of the Product. Malo undertakes to publish images as faithful as possible to the characteristics of the Products, but assumes no responsibility in the event of any discrepancy between the photographed image and the Product that may also depend on the device used by the Customer to view it.

The Customer declares to be aware that the images are therefore indicative and subject to the tolerance of use.

To activate the purchase procedure, the Customer must fill in the Order.  The products selected by the Customer will be placed in a virtual cart, hereinafter the Cart, in which will show the model, quantity, size, colour, unit price and a photograph for each product selected. As products are placed in the Cart, the total amount, hereinafter Total, will be visible.

Before completing the Order, the Customer is required to double-check all the Details entered and all the details of the Order proposal, aware that selecting the complete Order button will conclude the Order proposal procedure which is then sent to Malo and that in case of confirmation of the Order by Malo the purchase contract will be concluded.

At the end of the insertion of Products in the Cart, the Customer must select the "pay now" button. This way, the Customer provides authorization for the subsequent withdrawal of the Total that will take place, as specified below in point 6 payment, only after the conclusion of the Contract.

By sending the Order, the Customer declares they are aware of and accept these General Conditions of Sale.

Once the Order is completed, it cannot be changed.

5. Order Proposal - confirmation of acceptance of the order proposal – conclusion of the contract

By sending the Order, the Customer will send a contractual proposal following which they will receive a special email confirming the receipt of the Order. Malo's response email will not be acceptance of the Order, but only and exclusively the acknowledgement of the proposal sent by the Customer.

With Malo's response email, the Customer will receive an order identification code, to be indicated in any other communications.

The acceptance of the Order by Malo will take place only and exclusively following an email from Malo expressly indicated as "Order Confirmation".

The contract will be concluded with the receipt of the Order Confirmation email by the Customer. Malo has no obligation to accept the order that for reasons of opportunity it can instead decide not to accept, at its sole discretion.

With the Order Confirmation, Malo will send the Customer an e-mail containing the summary of the Order, the useful references for any complaints in addition to the indications for the contact details relating to the after-sales services offered by Malo, for the right of withdrawal from the contract and for the operating procedures to exercise it.

Malo will keep the Site updated also with regard to the availability of the Products. However, the Customer is aware that the Products offered by Malo have limited availability and Malo assumes no responsibility in case of unavailability or temporary unavailability, even if the availability is due to error at the time of completion of the Order.

In case of non-acceptance of the Order proposal, Malo will send an Order proposal cancellation email within 30 days from the date of receipt of the Order proposal.

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. Following any modification, Malo will send an email confirming the amended Order.  

6. Payment

Each price displayed on the site is indicated in Euros and is inclusive of VAT. The Total amount resulting from the Cart will also include any shipping costs that will be indicated separately.

Payment may only be made using the payment methods indicated on the Site.

As for payments by credit card, the Customer guarantees that they are the owner of the card used, that they have entered all the details correctly and that all the details are true, without exception. To this end, the Customer expressly exempts Malo from any and all direct or indirect liability that may arise from the entry of incorrect information.

Payment will be made following the conclusion of the contract, by the means of payment indicated by the Customer at the time of selecting the "pay now" button in the phase of inserting the Products in the Cart.  

In the event that payment is unable to be made at the time of conclusion of the contract due to lack of funds or for any other reason, the contract will be terminated by law art. 1456 of the Italian Civil Code.

Malo has no obligation to deliver the goods until the payment has been successful.

The Customer is aware that neither the authorization to pay nor any of the financial details provided by the Customer is managed by Malo to the extent that no liability is attributable to Malo for any direct or indirect damage deriving from the Customer for the management of the aforementioned.

7. Shipping and delivery

Malo will send the Products to the address indicated by the Customer at the time of placing the Order, on average in 2-10 days from the date the Customer receives the Order confirmation email, except in cases of unforeseeable circumstances and force majeure.

Malo shall not be liable in case of delivery beyond the aforementioned deadline if the delay is due to force majeure or in any other event outside Malo's sphere of control.

Following the Order Confirmation and concurrent payment of the Total, Malo will deliver the Products to the appointed courier.

The Customer undertakes to do everything in their power to facilitate the delivery of the Order.

Upon delivery, the Customer shall check the integrity of the outer packaging.  If anomalies are detected, they must sign the delivery by the courier with reservation.

No dispute may be raised by the Customer if they have accepted the delivery without any reservation, despite the presence of anomalies.

8. Warranties

The sale of the Products is subject to the warranty regulations provided for by legislation in addition to any warranty agreed with the Customer.

At the time of delivery, the Customer is asked to check the correspondence of the Product received with the one ordered and check that they conform.

In the event of a lack of conformity, the Customer is entitled to the restoration, free of charge, of the conformity of the goods by repair or replacement.

The Customer may request, at their option, that Malo repair the Product or replace it, free of charge, in both cases, unless the requested remedy is objectively impossible or excessively expensive with respect to the other.

In the cases provided for by law, the Customer may request, at their option, a reasonable reduction of the price or the termination of the contract with entitlement, in the latter case, to the reimbursement of the price paid. 
The Customer loses the rights provided for by consumer legislation if they do not report the lack of conformity to Malo within two months from the date on which they discovered the defect. Malo is liable for lack of conformity if it becomes apparent within a period of two years from the delivery of the goods. Any action aimed at asserting the aforementioned defects, in any case, is prescribed within a period of twenty-six months from the delivery of the Product.

9. Right of withdrawal

Within 14 days of receipt of the Products, the Customer has the right to withdraw, hereinafter "right of withdrawal", from the contracts concluded according to the terms and conditions set out in these General Conditions of Sale.

In case of multiple purchases made by the Customer with one order and delivered separately, the period of 14 days shall apply from the date of receipt of the last product.

If a registered Customer intends to exercise the right of withdrawal, Malo must be notified by following the return procedure indicated in the appropriate section "Returns and Reimbursements".  

Both the choice of the courier and the related expenses will be borne by Malo, only in the case of exchange of goods (size and/or colour exchange).

The exchange can only be made once.

The Customer undertakes to return the products against which they have exercised the right of withdrawal within 14 days from the communication 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 label, safety seals, packaging, cases, boxes, etc.

The right of withdrawal is excluded for Products to which the label or the safety seal has been removed, cut, altered and/or tampered with.

For the purposes of exercising withdrawal, the only possible manipulation on the Products is that strictly linked to the verification about the nature, characteristics and suitability of the Product, each and every manipulation different from what is allowed will cause the Customer to forfeit the right to exercise the withdrawal.

No withdrawal may be validly exercised for Products that are used, damaged, ruined, stained and/or dirty.

Following the return of the Product, Malo will carry out the necessary checks to verify that the Product does not present any indications and/or manipulations that are not allowed and, once such checks have been successfully passed, Malo will notify the Customer of the acceptance of the return and will proceed with the reimbursement. The reimbursement will be made using the same payment method used by the Customer for the payment of the Order.

Malo commits to completing the reimbursement procedure within 14 (fourteen) days from the date of receipt of the returned Products.

10. Customer service

The Customer has the right to request information, send communications, request assistance and send complaints by contacting Malo's customer service. To this end, the Customer may:

send an email to: customercare@malo.it

contact Malo by phone at 055-873171;

send a communication to the following address Malo spa – Customer service – Via Gattinella 6 50013, Campi Bisenzio (FI) Italy.

Malo commits to responding to the aforementioned communications within 5 working days of their receipt.

11. Applicable law and disputes

These General Conditions of Sale are subject to the Italian Law.

For any dispute arising from their interpretation and/or application, the Court of the place of domicile or residence of the Customer shall have exclusive and binding jurisdiction.

In the event that the Customer's domicile or residence is outside the borders of the Italian territory, the Customer may choose between the competent Judicial Authority in the Territory of their domicile or residence or the Court of Milan.

Before starting any legal dispute, Malo immediately offers its willingness to verify the possibility of mediation.

12. Partial invalidity

In the event that one or more provisions of these General Conditions of Sale that govern the contract between Malo and the Customer is for any reason null and void and/or more generally not applicable, the Contract will remain valid and effective for the remaining provisions that govern it.