Legal notice

Conditions of Sale
General Conditions of Sale
Date of publication on the site and entry into force 25/09/2020

1. Scope
1.1. These general conditions of sale (hereinafter also the Conditions) shall apply to the purchase of Maurizio Baldassari brand products (hereinafter Products or singular Product) made via the e-commerce site www.mauriziobaldassari.com (hereinafter the Site) by users qualifying as Consumers.
1.2. The Site, owned by Maralunga SRL with registered office in Milan, Via Solferino 14, VAT 038 33230158, registration number in the Milan Companies Register MI974989 (hereinafter Owner and Seller). Anyone who purchases one or more products for purposes not related to own entrepreneurial and commercial craft or professional activity as buyer (hereinafter the Consumer), seller and consumer shall hereinafter be collectively referred to as the parties.

1.3. The Owner holds the rights to the domain name of the Site, logos and trademarks relating to the Products presented on the Site, as well as the copyright on the contents of the Site. None of the provisions of these general conditions can be understood as a license or transfer of the aforementioned rights to Consumers, who are protected against any form of copying, counterfeiting, unauthorized use.

1.4. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller, to the e-mail address giulia.galbiati@mauriziobaldassari.it

1.5. Each purchase shall be governed by the general conditions of sale in the version published on the Site at the time the order is sent by the Consumer.


1.6. The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Subjects who are not Consumers are advised not to make purchase orders. If one or more sales are made to a subject that does not qualify as a Consumer, these Conditions shall apply however, notwithstanding the provisions herein:
a) the buyer shall not be granted the right of withdrawal referred to in article 9
b) the buyer may not benefit from the warranty on the Products indicated in article 7
c) the buyer shall not be granted any other protections provided herein in favour of the Consumer, which reflect or comply with mandatory provisions of the law
d) the sales contract concluded between the Seller and the buyer shall be governed by Italian law

1.7. When sending the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions are sent by e-mail to the address stated by the same during the purchase process.

1.8. In order to make purchases through the Site, the Consumer must be of age of majority (18) and have the ability to act, which the Consumer declares to possess.

1.9. Any costs for connecting to the Site via the Internet, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.

2. Product features and availability in the various geographical areas

2.1. The Products shall be sold with the features described on the Site and according to the Conditions published on the Site when the order is sent by the Consumer, with the exclusion of any other condition or term.

2.2. The Seller reserves the right to modify these Conditions at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made shall be effective from the date of publication on the Site and shall only apply to sales concluded from that date.

2.3. Prices, Products for sale on the Site and/or related features may be subject to change without notice. These changes shall apply only for orders not yet confirmed on the date of the change. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is kindly requested to check the final sale price.

2.4. The Site can be accessed from all over the world. However, the Products available on the Site can only be delivered in one of the States that are indicated on the Site.

3. Procedure to purchase the Products - Finalization of each individual purchase contract
3.1. The presentation of the Products on the Site, which is not binding for the Seller, shall be considered a mere request to the Consumer to formulate a contractual purchase proposal and not an offer to the public.

3.2. The purchase order sent by the Consumer to the Seller via the Site shall have the value of a contractual proposal and be governed by these Conditions, which form an integral part of the order and that the Consumer, by sending the order to the Seller, shall be required to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer shall be required to carefully read these Conditions and the right of withdrawal policy.

3.3. The Consumer’s purchase order shall be accepted by the Seller by sending the order confirmation to the Consumer, to the e-mail address indicated to the Seller.

3.4. Each purchase contract for the Products shall be understood as concluded once the Consumer receives the order confirmation from the Seller via e-mail.


4. Delivery of goods and acceptance
4.1. The Site indicates the availability of the Products. However, such information shall be considered purely indicative and not binding for the Seller.

4.2. The Seller undertakes to ensure the delivery times indicated on the Site are respected and, in any case, to ensure delivery within a maximum time of 30 (thirty) days starting from the day following the date on which the Consumer has sent the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller shall provide written notice to the Consumer and refund any amounts already paid by the Consumer for the payment of the Product pursuant to the following paragraph 4.3.

4.3. The Products ordered by the Consumer shall be shipped via the method selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to check promptly and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or discrepancy with the order placed, according to the procedure referred to in the following article 7 of these Conditions. In the absence thereof, the Products shall be considered accepted. If the packaging or wrapping of the Products ordered by the Consumer should arrive at destination clearly damaged, the Consumer is kindly requested to refuse delivery by the carrier/forwarder or accept delivery “with reserve”.

5. Prices, shipping costs, taxes and duties

5.1. The price of the Products is as indicated on the Site when the Consumer sends the order. The prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs that are calculated before the order confirmation sent by the Seller to the Consumer and that the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.

5.2. The Consumer must pay to the Seller the total price, as indicated in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.

5.3. If the Products shall be delivered in a country not belonging to the European Union, the total price indicated in the order and reiterated in the order confirmation, including indirect taxes (if applicable), shall be net of any customs duties. Any other sales tax that the Consumer undertakes to pay if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country to which the Products shall be delivered. The Consumer is kindly requested to inquire with the competent bodies of the country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in the country of residence or destination of the Products.

5.4. Any additional costs, charges, taxes and/or duties that a given country may apply, for any reason whatsoever, to the Products ordered under these Conditions shall be the sole responsibility of the Consumer.

5.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or fees referred to in the previous paragraphs 5.3. and 5.4., at the time of sending an order to the Seller, may not constitute grounds for termination of this contract and that it may not in any way charge the aforementioned fees to the Seller.

6. Payments
6.1. The price of the Products purchased via the Site shall be paid by credit card or PayPal.
The Consumer expressly accepts that the contract shall be executed by the Seller once the price of the Product/s purchased has been credited to the Seller’s current account.

6.2. The Consumer acknowledges and accepts that payments and the complete management of the data necessary to make the payment shall be carried out by companies other than the Owner. At no time during the aforementioned purchase procedure may the Owner know the information relating to the User’s credit card. In no case may the Owner therefore be held responsible for any fraudulent and illegal use of credit cards and for the management of the data necessary for payment by third parties.

6.3. In case of payment by credit card, once the online transaction has been concluded, the reference payment gateway will only authorize the amount relating to the purchase made. The relative amount will be charged to the User’s credit card at the time of purchase.

6.4. If the purchase shall be cancelled by the User, the payment gateway will cancel the transaction and release the amount committed. The release times, for some types of cards, depend exclusively on the payment gateway system and can reach their natural expiry date (24th day from the date of authorization). Once the transaction has been cancelled, the User acknowledges and expressly accepts that in no case may the Owner be held liable for any direct or indirect damages caused by delay in the failure to release the amount committed by the payment gateway.

6.5. The Owner reserves the right to request additional information from the User (ex. identification document) or copies of documents proving ownership of the credit card used. In the absence of the required documentation, the Owner reserves the right not to accept the order.

7. Seller’s legal guarantee of conformity, reporting of lack of conformity and interventions under warranty
7.1. Pursuant to and for the purposes of the European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (hereinafter Consumer Code), the Seller guarantees to the Consumer that the Products shall be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty is excluded in case of use or washing of the Product that does not conform to as indicated for the Product and to the instructions/warnings provided by the Seller and/or the Owner, or indicated in the reference illustrative documentation, tags or labels.
7.2. Under penalty of forfeiture of this warranty, the Consumer shall report any defects and non-conformities within and no later than 2 (two) months from discovery, to Customer Service by e-mail to giulia.galbiati@mauriziobaldassari.it, with indication of the defect and/or non-conformity found, at least 1 (one) photograph of the Product and the order confirmation sent by the Seller.


7.3. Following the e-mail, the Seller shall assess the defects and non-conformities reported by the Consumer via the customer service of the Owner and, after having carried out the quality checks to verify the actual non-conformity of the Product, shall decide whether to authorize the return of the Products by providing the Consumer with a reply, containing the Return Code, via e-mail to the address provided by the latter during the order sending process. The authorization to return the Products shall in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice indicating the Return Code, within 30 (thirty) days of reporting the defect or non-conformity to the following address: Maralunga, Via Solferino 14, 20121 Milan.

7.4. In case of defects or non-conformities, the Consumer shall have the right to have the Product restored to conformity by the Seller, by means of repair or replacement, or to alternative remedies in the cases expressly provided for by article 130 of the Legislative Decree no. 206/2005.
If the Seller has undertaken to refund to the Consumer the price paid, the refund shall be made, where possible, by means of the same payment method used by the Consumer when purchasing the Product or by bank transfer. It shall be the responsibility of the Consumer to communicate to the Seller, also by e-mail to the address giulia.galbiati@mauriziobaldassari.com the bank details for the transfer in its favour and to ensure that the Seller is in a position to be able to return the amount due.

8. Responsibility for damage caused by defective products
8.1. As regards any damage caused by defects in the Products, the provisions of the European Directive 85/374/EEC and the Consumer Code shall apply. The Seller, in the capacity of distributor of the Products via the Site, shall be free from any liability, none excluded and/or excepted, indicating, at the request of the damaged Consumer, the identity and address of the relative manufacturer.





9. Right of withdrawal
9.1. Without prejudice to the exceptions referred to in article 59 of the Consumer Code, the Consumer shall be entitled to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reasons and without any penalty, within the period of 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of multiple Products delivered separately with a single order, the last product was delivered.

9.2. To exercise the right of withdrawal, the Consumer shall inform Maurizio Baldassari before the expiry of the term referred to in the previous paragraph 10.1, by sending an e-mail to the following address giulia.galbiati@mauriziobaldassari.it.

9.3. Following the provisions of point 9.2 above, the Consumer will receive an e-mail confirming the exercise of the withdrawal, containing the instructions to proceed with the return of the product, to be sent no later than the following 14 days to
Maurizio Baldassari/MARALUNGA
Via Solferino 14
20121 Milan
Italy

9.4. In the event of withdrawal, the Consumer shall be reimbursed for the payments made, without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. Said refunds shall be made by means of the same payment method used by the Consumer for the initial transaction, unless the Consumer shall request a refund by means of a different payment method, in which case any additional costs deriving from the different payment method shall be charged to the Consumer. The refund may be suspended until receipt of the goods or until the Consumer demonstrates to have returned the goods, if previous.

9.5. The Consumer shall be responsible for the decrease in the value of the goods resulting from handling other than as necessary to establish the nature, features and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, marks, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the related instructions/notes/manuals, original package and packaging and the guarantee certificate, where present, the Consumer shall be liable for the decrease in the value of the goods, and shall be entitled to a refund of the amount equal to the residual value of the Product. For this purpose, therefore, the Consumer is kindly requested not to handle the goods beyond as strictly necessary to establish their nature, features and functioning and to cover the original wrapping of the Products with other protective packaging to ensure integrity and protection during transport even from writings or labels.


10. Intellectual property rights
10.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, company name, image, photograph, written or graphic text used on the Site or relating to the Products (hereinafter Rights) are and remain the exclusive property of Maralunga Srl and its successors in title, and the Consumer shall not have any right to the same by accessing the Site and/or purchasing the Products.

10.2. The contents of the Site may not be reproduced, in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Maralunga Srl.

10.3. Unauthorized use, copying, reproduction, modification, republication, updating, downloading, sending by post, transmission, distribution or duplication or any other abusive use of the Products, of the Site and its contents and as concerns the Rights, by the Consumer, shall be considered prohibited. As user of the Products, the User undertakes not to use as concerns the Rights for illegal purposes and/or in violation of the provisions of the General Conditions and undertakes not to violate the Rights of the Owner and/or its third-party licensors.

10.4. In relation to the foregoing, the User undertakes as of now to indemnify and hold harmless the Owner from any damage or loss directly or indirectly resulting from the use that the User shall make of as concerns the Rights in violation of the provisions of the General Conditions.

11. Consumer data and privacy protection
11.1. In order to proceed with the registration, sending of order and therefore the conclusion of the contract on the basis of these Conditions, the Consumer shall be required to provide some personal data via the Site. The Consumer acknowledges that the personal data provided shall be registered and used by the Seller and by Maralunga Srl in accordance and in compliance with the legislation referred to in Italian law Legislative Decree no. 196/2003 and subsequent amendments - Privacy Code and EU Regulation no. 679/2016, to execute each purchase made through the Site and, subject to consent, for any further activities as indicated in the specific privacy policy provided to the Consumer via the Site at the time of registration.
11.2. The Consumer declares and guarantees that the data provided to the Seller during the purchase process is correct and truthful.
11.3. The Consumer may at any time update and/or modify the personal data provided to the Seller in the appropriate section of the Site “My Account” accessible after authentication.
11.4. For any further information on processing methods of the Consumer’s personal data, please access the section Privacy Policy.

12. Security
12.1. Although the Seller and the Owner adopt measures to protect personal data against possible loss, falsification, manipulation and improper use by third parties, due to the technical features and limitations relating to the protection of electronic communications via the Internet, the Seller and the Owner may not guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), may not be accessed or viewed by unauthorized third parties.

13. Applicable law, settlement attempt and jurisdiction
13.1. Each sales contract concluded between the Seller and the Consumers pursuant to these Conditions shall be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on remote contracts and by the legislative decree of 9 April 2003, no. 70 on certain aspects concerning electronic commerce. In any case, the foregoing shall be without prejudice to any rights attributed to Consumers by mandatory provisions of law in force in the State of the latter.

14. Vexatious clauses
The Consumer acknowledges and accepts that the following paragraphs contain some vexatious provisions, including the points listed and therefore, shall expressly accept them when accepting the Conditions of Sale, pursuant to articles 1341 and 1342 of the Civil Code: article 3.1. (Procedure to purchase the Products - Finalization of each individual purchase contract); article 4.2. (Delivery of goods and acceptance); article 6 (Payments); article 9 (Right of withdrawal); article 10 (Intellectual property rights). The Consumer shall be required to carefully read the aforementioned clauses, in particular in the points indicated before concluding the purchase of any Product, renouncing any claim regarding them, including by way of reimbursement or compensation.