Terms & conditions
www.cc-tapis.com is provided by Mazalli S.p.a. with the registered address:
MAZALLI S.P.A.
P.zza S. Stefano n. 10
20122 Milan
Italy
Chamber of Commerce of Milan, VAT number 07186090960
Tax Code 07186090960
Share capital of EUR 10,000.00, fully paid up (Seller).
1.1 The sale on the Website is a distance sales contract governed by Chapter I, Title III (Sections 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (Italian Consumer Code) and by Legislative Decree no. 70 of 9 April 2003 on electronic commerce.
1.2 The General Terms and Conditions of Sale apply to all sales handled by the Seller on the website. The deadlines are calculated only considering working days and excluding Saturdays, Sundays and public holidays.
1.3 The General Terms and Conditions of Sale can be changed at any time. Any changes and/or new conditions will be valid from the date of their publication on the Website. For this reason, before placing any order, users are kindly invited to visit the Website regularly in order to read the most up-to-date version of the General Terms and Conditions of Sale.
1.4 The applicable General Terms and Conditions of Sale shall be those in force on the date on which an order is placed with the supplier.
1.5 The General Terms and Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than the Seller, which may be available on the Website via links, banners or hyperlinks.
Before entering into commercial transactions with these parties, the user must check their terms and conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by these parties. The Seller does not control and/or monitor the websites that can be reached through these links. The Seller assumes no responsibility for the contents of these websites, nor for any errors and/or omissions and/or legal violations by such websites.
1.6 The user must carefully check the General Terms and Conditions of Sale and all other information provided by the Seller on the Website.
1.7 The submission of the purchase order constitutes acceptance of the following General Terms and Conditions of Sale.
2.1 Purchasing via the Website is permitted to the user whether they are a consumer or trader.
2.2 Under no circumstances may retailers, wholesalers or, in general, anyone wishing to make purchases with a view to subsequent resale make purchases on the Website. Such persons are therefore prohibited from making purchases on the Website.
2.3 In the event of orders that are unusual in terms of quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to put an end to the misconduct.
2.4 The Seller reserves the right to refuse or cancel orders placed:
- by a user with whom the Seller is in conflict
- by a user who has violated the General Terms and Conditions of Sale
- by a user who has committed crimes
- by a user who has sent false, incomplete or otherwise inaccurate personal data or who has not sent the requested documents to the Seller.
3.1 To proceed with the purchase on the Website, in order to properly implement the sales contract, the user must provide the following data:
- name and surname
- email
- telephone number
- billing address
- shipping address
- Tax code for users with residence in Italy requesting shipment to Italy.
3.2 The user undertakes to inform the Seller immediately if they suspect or become aware of any illegal use or disclosure of such data.
3.3 The user guarantees that the personal data, provided during the execution of the order on the Website, is complete and true and agrees to indemnify and hold harmless the Seller against any loss or damage resulting from the inaccuracy of the data entered.
4.1 Pursuant to Legislative Decree no. 70 of 9 April 2003 on electronic commerce, the Seller informs the user that: In order to conclude the purchase contract on the Website, the user must complete an order form in electronic format and send it to the Seller electronically, following the instructions that will appear on the Website. The agreement shall be concluded when the order form reaches the Seller's server. Once the order form has been submitted, the Seller will send the user, at the email address provided, an order confirmation containing the following:
- descriptions of the goods purchased
- the total purchase price
- indication of the means of payment
- indication of delivery costs and any additional costs
- the delivery times
5.1 Product availability is continuously monitored and updated. However, since the website can be visited by several users at the same time, it is possible that more than one user will purchase the same product at the same time. In these cases, the Product may appear to be available for a short period, even if it is actually out of stock or temporarily unavailable.
5.2 The Website contains information relating to the availability of each Product.
5.3 Should the Product prove to be unavailable for the aforementioned reasons or for other unforeseen cases, without prejudice to the user's other legal rights, in particular those provided for in Book IV, Title II, Chapter XIV of the Italian Civil Code, the Seller shall immediately inform the user.
The user shall then be entitled to terminate the contract in accordance with Articles 61(4) and (5) of the Italian Consumer Code.
5.4 Alternatively and without prejudice to their rights, the user may accept:
an extension of the delivery time
a discount voucher to spend on purchases on the Website. The amount of the discount voucher, the expiry date and any limitations will be communicated by the Seller.
5.5 If a refund is requested for the amount paid for the purchase of Products that are subsequently found to be unavailable, the Seller will issue a refund within a maximum of 20 days.
5.6 If the user exercises the right to terminate the contract in accordance with Article 61(4) and (5) of the Italian Consumer Code, the purchase contract shall be deemed to have been terminated. If payment of the total sum due – consisting of the price of the Product, the delivery costs, if applicable, and any other additional costs arising from the order (Total Sum Due) – has already been made, the Seller will refund the Total Sum Due in accordance with the article "Payment methods for purchases made through the Website”.
6.1 Each product is accompanied by a page that illustrates its main characteristics. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. The colours of the Products may, however, differ from the actual colours due to the settings of the computer systems used to display them. In addition, the Product images on the Product Page may differ in size or in relation to accessory products. These images must therefore be understood as approximate and imply commonly accepted tolerance thresholds. For the purposes of the contract for the sale of goods, the description of the Product in the order form submitted by the user is taken as a point of reference.
7.1 All prices include VAT, if legally required.
7.2 The Seller reserves the right to change the price at any time, without prior notice, it being understood that the price charged to the user will be the price listed on the Website at the time of the order and no fluctuation (increase or decrease) will occur after the transmission of such order.
7.3 Any shipping costs are expressly and separately indicated on the order form before the user submits it.
8.1 The Seller shall deliver the Products only after receiving confirmation of payment of the Total Sum Due from the Customer. Ownership of the Products shall be transferred at the time of delivery, which is understood to be the time when the Product is handed over to the courier. Any risk of loss of or damage to the Products which cannot be attributed to the Seller shall pass to the user once the latter or a third party nominated by the user other than the courier materially obtains possession of the Products.
8.2 The purchase contract shall be terminated in the event of non-payment of the total amount due. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.
9.1 Payment on the Website can only be made with payment cards.
9.2 The Seller accepts the following credit cards:
Visa
Maestro
MasterCard (Cirrus Maestro)
American Express
The user authorizes the storage of the details of the payment option entered and their re-use for the payment of subsequent purchases on the Website, thus sparing the need to enter such data for each purchase.
The charge will only be made after (i) the payment card details used for the payment have been verified and (ii) the issuer of the payment card used by the user has authorized the charge.
Confidential payment card data (card number, cardholder, expiry date, security code) will be encrypted and transmitted directly to the relevant payment institution without passing through the servers used by the Seller. The Seller, therefore, never has access to and does not store the data of the payment card used to pay for the Products.
The Total Sum Due shall only be charged when the order is transmitted.
10.1 There are no restrictions on delivery, except in cases indicated on the Website and/or Product Page.
10.2 The costs for the delivery of the Products, which may vary depending on the delivery procedure chosen by the user, and any other possible costs, shall be borne by the user, unless otherwise stated in the Product Sheet or elsewhere where this is communicated.
10.3 The Products shall be delivered within 10 days of receipt of the order and, in any event, not later than thirty days from the day on which the agreement is concluded.
10.4 Buyers must check the condition of the Product delivered. Given that the risk of loss of or damage to the Product, for reasons not attributable to the Seller, is transferred when the person concerned, or a third party designated by the Seller and other than the carrier, physically takes possession of the Product, the Buyer must check the number of Products received and that the packaging is intact, not wet or otherwise altered, including the sealing materials. Furthermore, the Seller suggests indicating any anomalies on the courier's transport document and accepting the package with reservation. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the right of withdrawal and the legal guarantee of conformity apply.
11.1 The user – acting as a consumer – has the right to withdraw from the sales contract without indicating the reason and without incurring additional costs and expenses other than those indicated in this article, within fourteen calendar days (Right of withdrawal). The withdrawal period shall, in any case, expire after 14 days from the occurrence of one of the following conditions:
in the case of a single order for the Product, from the day on which the user or a third party other than the carrier and designated by the user takes physical possession of the Product
in the case of a multiple order with separate deliveries, from the day on which the user or a third party other than the carrier and designated by the user takes physical possession of the Product last delivered
in the case of an order for the delivery of a Product of multiple batches or pieces, from the day on which the Consumer or a third person, other than the courier and indicated by the Buyer, acquires physical possession of the last batch or piece.
11.2 In order to exercise the right of withdrawal, the user must inform the Seller, before the expiry of the withdrawal period, of their decision to withdraw.
11.3 The right of withdrawal shall be exercised in time, i.e. within the withdrawal period, if the relevant notice is sent to the Seller before the end of the fourteenth day. The information must be sent via email to the address: [email protected]. The Consumer must keep the notice relating to the exercise of the right of withdrawal, as the burden of proof relating to the exercise of this right, before the expiry of the Withdrawal Period, lies with the user.
11.4 If the right of withdrawal is exercised, once the right has been exercised, the user must return the Products to the Seller without undue delay, and in any event before 14 calendar days from the date on which the user has informed the Seller of their decision to withdraw from the agreement. The deadline shall be deemed to have been met if the user delivers the Products before the expiry of the aforementioned 14-day period to the courier specified by the Seller or, depending on the relevant circumstances, to a courier of the user's choice (Return deadline). The Product, duly protected, packed and in its original packaging (if possible) must be returned to the following address: Mazalli Spa Via Gaudenzio Fantoli 15/5 20138 Milano - ITALY Tel. +39 0282774155 or +39 0249691617
11.5 The cost of returning the Product (including customs duties) shall be borne by the user and the return shall be their responsibility.
11.6 If the user withdraws from the contract, the Seller will refund the Total Sum Due paid by the user for the Product, including delivery charges (provided that they are standard) with the exception of Customs Duties. Upon receipt of the returned Products, without undue delay and no later than 5 calendar days from the date of receipt of the returned goods, the Seller will issue a refund using the same payment method as the original transaction. In the event that the user has returned the Products using a courier of their choice, the Seller may suspend the refund until actual receipt of the Products.
11.7 The user shall be liable for any decrease in the value of the goods due to any use of the Product other than that necessary to preserve the characteristics and functioning of the Product. In any case, the Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional and free of signs of wear or dirt. The Product must also include all accessories, illustrative leaflets, labels and the seal, if any, attached to the Product, undamaged and not tampered with. The withdrawal shall apply to the Product in its entirety. In this sense, it cannot be exercised only for certain parts and/or accessories (which do not represent and are not stand-alone products) of the Product.
11.8 If the Product has suffered a loss in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the amount of the refund an amount equal to such loss in value. The Company shall inform the Buyer, upon receipt of the Product, of this circumstance and the resulting reduced amount of the refund. If the refund has already been paid, the Company will communicate the bank information for payment of the amount owed by the user due to the decrease in value of the Product.
11.9 If the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it shall not result in the termination of the contract, and, consequently, there shall be no right of reimbursement. The Seller shall notify the user of the rejection of the request for withdrawal promptly. If the Product has already been returned to the Seller, it will remain with the Seller pending collection, which must be carried out against payment and under the responsibility of the user.
11.10 In the event of partial withdrawal from Multiple Orders, the amount of the delivery costs to be refunded to the user will be quantified in proportion to the value of the Product subject to withdrawal.
All Products sold on the Website are covered by the legal guarantee of conformity provided for by articles 128-135 of the Italian Consumer Code (Legal Guarantee).
Who is covered? The legal guarantee is for consumers only. It, therefore, applies exclusively to users who have made a purchase on the Website for purposes other than business, commercial, artisanal or professional activities.
When does it apply? The Seller shall be liable to the consumer for any non-conformity that exists at the time of delivery of the product and that becomes apparent within two years of such delivery. The Seller must be informed of the non-conformity, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, non-conformity materializing within six months from the date of delivery of the product shall be presumed to have existed beforehand, unless the assumption is incompatible with the nature of the product or the nature of the non-conformity. From the seventh month following the delivery of the product, the burden of proof to show that the non-conformity already existed at the time of delivery of the product lies with the consumer.
In order to benefit from the Legal Guarantee, it is, therefore, necessary to provide proof of the date of purchase and delivery of the goods. It is therefore advisable, for the purposes of proof of purchase, to keep the invoice sent by the Seller, as well as the transport document or any other document certifying the date of purchase (such as a credit card statement or bank statement) and the date of delivery.
In the event of termination of the contract, the Seller shall refund to the consumer the total amount paid, consisting of the purchase price of the Product, the shipping costs and any other additional costs. In the event of a price reduction, the Seller shall reimburse the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Seller shall not be held liable in the event of damage of any kind resulting from improper use of the Product or in the event of damage resulting from unforeseeable circumstances or force majeure.
13.1 The purchase contracts concluded between the company and the Seller are governed by Italian law. Users who are not legally resident in the EU territory will be subject to any more favorable and mandatory provisions provided for by the law of the country in which they habitually reside, and in particular concerning the duration for the exercise of the right of withdrawal, the duration of the return of the Products if the User wishes to exercise this right, the methods and formalities for communicating this right and the guarantee of legal conformity.
13.2 For Buyers who are also 'consumers', for any dispute concerning the application, execution and interpretation of the following General Terms and Conditions of Sale, jurisdiction is established in the place where he/she is resident or has elected domicile.
13.3 Pursuant to Article 141-sexies, paragraph 3 Legislative Decree of 6 September 2005 no. 206 (Italian Consumer Code), the Seller informs the user acting as a 'consumer' that, in the event that they have submitted a complaint directly to the Seller, following which it has not been possible to resolve the disputes that have arisen, the Seller will provide information regarding the Alternative Dispute Resolution organisation for the extra-judicial resolution of disputes relating to the obligations arising from a contract entered into in accordance with these General Terms and Conditions of Sale (ADR organisations, as referred to in Article 141-bis et seq. of the Italian Consumer Code), also specifying whether or not it intends to use such organisations to resolve the dispute.
13.4 Furthermore, the Seller informs the user acting as a final 'consumer' that a European platform for the online dispute resolution of consumer disputes (ODR Platform) has been set up. The consumer can browse the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. Through the ODR Platform, the consumer will be able to consult the list of ADR Organisations, find the redirecting link to the websites of the individual ADRs and initiate an online procedure for the resolution of the disputes in which they are involved.
13.5 Whatever the outcome of the amicable settlement of disputes relating to consumer relations by resorting to the procedures provided for in Part V, Title II-bis of the Italian Consumer Code, the consumer shall always be entitled to bring an action before the competent court.
13.6 For any disputes relating to the application, execution and interpretation of these General Terms and Conditions of Sale, a user residing in a European Union Member State other than Italy may also have access to the European procedure established for small claims by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed €2,000.00, excluding interest, fees and expenses. The text of the regulation is available on the website www.eur-lex.europa.eu .
You can request information, send communications, ask for assistance or submit complaints by contacting the Seller's Customer Service at the following email address: [email protected].
The Seller will deal with complaints by responding within 6 days of receipt.
Article 15) Duties and taxes
Duties are not included in the price paid to the Seller. The Customer/Buyer is responsible for import duties/taxes incurred in the country of destination.It is possible that at the time of collection of the order (or even at a later date, depending on the customs authority) the payment of Customs Duties or Taxes, not included in the sale price, may be required, which shall in no case be charged to the Seller.
The Seller has no knowledge of the total amount of customs duties.