General Terms and Conditions of Sale
(pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 as amended and supplemented)
1. Introduction and effectiveness of the General Terms and Conditions
The purpose of these general conditions of sale (hereinafter, “General Conditions”) is to regulate the purchase of products, made at a distance and made available, via the Internet network, from the website www.maisonrode.it (hereinafter, the “Online Shop”) in compliance with the Italian regulations set forth in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).
The seller of the products and owner of the Online Shop is:
- Maison Ròde di D’ Altoè Barbara
- Sede legale: Località Castellich, 29 – 31020 Tarzo (TV)
- Partita IVA: 05236790266
- Registration with the Register of Companies of Treviso no. n. 05236790266
- E-mail address: maisonrdesc@gmail.com (di seguito “Maison Rode”)
The consumer who accesses the Online Shop to make purchases (hereinafter the “Customer”) is required, prior to placing the order, to carefully read these General Terms and Conditions, which have been made available to him/her on the Online Shop and which shall be accessible at any time by the Customer also through the link contained in the Online Shop itself.
In the event that the person making purchases on the Online Shop requires an invoice to be issued and/or is not a “consumer or user” as defined in Art. 3(1)(a) of the Consumer Code, the regulations on withdrawal set out in Art. 7 and 8 of these General Terms and Conditions or, more generally, the provisions that under the same Consumer Code apply only to ‘consumers’.
Contracts concluded with Maison Rode through the Online Shop shall be governed by these General Terms and Conditions in accordance with Italian law. The language available to conclude the contract is Italian.
2. Choosing and Ordering Products
The characteristics and price of the various products for sale on the Online Shop (hereinafter referred to as the ‘Product’ or ‘Products’) are shown on the page relating to each Product.
To purchase Products, the Customer shall fill in and send the order form in electronic format, following the instructions contained in the Online Shop. The Customer shall add the Product to the “Shopping Cart”, enter the shipping and possible billing data, select the desired payment method and, after having read the General Terms and Conditions and Privacy Policy and confirmed their acceptance, confirm the order.
By sending the order from the Online Shop, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and that he/she fully accepts these General Terms and Conditions and the transcribed payment terms.
The contract between Maison Rode and the Customer shall be concluded with the acceptance of the order by Maison Rode. Such acceptance is communicated to the Customer by means of an email confirmation of the order itself containing the order number, shipping and billing data, the list of Products ordered and the total price, including delivery charges. The Customer will check the confirmation email and if he/she identifies any errors in the order, he/she will have one hour from receipt of such email to contact Customer Service directly from the Online Shop using the contact form accessible through the “Contact” link. After this period, the order will be put into processing for shipment and no further changes will be accepted, without prejudice to the Customer’s rights under Article 7 below.
Once the order has been received, Maison Rode will check stock availability to process the order. In the event that one or more Products are not available, Maison Rode’s Customer Service shall promptly notify the Customer by email who, within the next 12 hours, shall be entitled to reply to confirm the shipment of any further available Products or cancel it. If no reply is received within this period, the order will be considered confirmed and the available Products will be dispatched. In that case, the full amount for the missing Products will be reversed or, depending on the payment method chosen, will not be charged to the Customer.
3. Product Information
Information and characteristics relating to the Products are available, with the relevant Product codes, on the Online Shop.
The visual representation of the Products in the Online Shop, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products is for the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in colour and size. In the event of a difference between the picture and the written product sheet, the product sheet description shall always prevail.
4. Prices and Shipping
Product prices are inclusive of all taxes and duties. All prices are in Euro or in the currency of the customer depending on its location. Where currency is not available, shipping will not be allowed.
5. Payment and Invoicing
5.1 Payment Methods
The Customer may pay the price of the Products and the related delivery costs by PayPal, Stripe, bank transfer and cash on delivery or other credit card payment system indicated on the site.
PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he/she can make the payment with his/her account or using a card, even a prepaid card, or in any case in accordance with the methods accepted by PayPal and in compliance with its conditions.
Through PayPal it is in fact possible to pay even if you do not have a PayPal account, using credit cards accepted by the PayPal circuit.
Stripe
Once the order has been confirmed, the Customer shall be redirected to the Stripe website where he may make payment with his account or by using a card, even a prepaid card, or in any event in the manner accepted by Stripe and in accordance with the relevant conditions.
Through Stripe it is in fact possible to make payments even if one does not have a Stripe account, using credit cards accepted by the PayPal circuit.
Bank transfer
The Customer shall make the transfer within 3 working days from the date of the order. If this does not occur, the order will be cancelled and the goods made available again for purchase by other customers. The Customer who has not made the transfer may be contacted by Customer Service in order to clarify whether the reason for the non-credit is the Customer’s wish not to confirm the purchase or some other cause.
The data or bank details for the transfer may change over time and are indicated on the site in the shopping cart.
Mark
C.O.D. shipment means a shipment whose contents are paid for by the recipient.
Upon delivery of the shipment, the consignee shall pay the amount indicated on the Waybill, i.e. on the transport document, according to the payment method indicated (cash).
5.2 Invoicing of Orders
If the purchase is made by a professional, an invoice can be requested by entering the company name, VAT number and/or tax code in the appropriate fields. In tal caso la fattura verrà inviata via email all’indirizzo indicato. The trader is responsible for the correct input of the invoice data and is expressly informed that if the invoice is not requested when placing the order, it will not be possible to request it later.
6. Shipping and Delivery
Products purchased on the Online Shop will be delivered to the address indicated by the Customer during the purchase process in the “Address” field of the “Billing Details” section. It is possible to send to a different address by filling in the section “Send to a different address?” and confirming the similar box.
All purchases will be shipped by courier (hereinafter, ‘Courier’) from Monday to Friday, excluding public holidays and national holidays. Maison Rode is not liable for unforeseeable delays or delays for which it is not responsible.
For orders received and confirmed from Monday to Friday, if all items in the order are in stock, dispatch will take place within 24/48 hours after receipt of the order.
All orders received and confirmed after 12 noon on Friday will be dispatched on the following Monday, if not a public holiday.
In any event, except in cases of force majeure or unforeseeable circumstances, the Products ordered shall be shipped within a period of 7 (seven) working days from the day following the day on which Maison Rode has confirmed the order to the Customer by means of an order confirmation email.
Delivery of the order will take place within 5 working days from the date of dispatch with the exception of Calabria, Sicily and Sardinia for which an additional working day must be added and with the exception of foreign countries where the ecommerce site has availability and permission to sell.
The delivery service includes 2 delivery attempts at the address indicated at the time of order. After the second unsuccessful delivery attempt, the parcel will remain in storage at the courier company. From this moment on, the Customer may contact the Courier directly to arrange delivery or to change the delivery address. Storage costs will be borne by the Customer.
7. Right of Withdrawal
The Customer has the right to withdraw from the purchase contract for any reason whatsoever, without explanation and without penalty, without prejudice to the cases of exclusion provided for in Section IV below. In order to exercise this right, the Customer shall send Maison Rode a notice within 14 days from the date of receipt of the Products by sending an email to the customer service department info@maisonrode.it , if the Customer intends to exercise the right of withdrawal before having received the Products, the notice of withdrawal may be sent at any time prior to their receipt.
Maison Rode’s Customer Service shall, upon receipt of the communication, open a file for the management of the return and communicate to the Customer instructions on how to return the Products, which shall take place by means of a courier indicated by Maison Rode itself.
The right of withdrawal is governed by the following conditions:
a. The right applies to the purchased Product in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the right of withdrawal only on part of the purchased Product.
b. In the event of exercise of the right of withdrawal Maison Rode shall refund the Customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date the notice of withdrawal was received, without prejudice to Maison Rode’s right to suspend payment of the refund until actual receipt of the goods. Refunds will be made using the same method of payment used by the Customer, unless the Customer has expressly requested a different method. In the case of a bank transfer, it will be the Customer’s responsibility to provide the bank details on which to obtain reimbursement (account holder, name and address of the Bank and IBAN).
c. Also in order to be able to guarantee the gratuitousness of the return pursuant to Article 8 below, the Products must be returned in the same box in which they were received.
d. In addition to the cases mentioned in the Foreword (non-consumer customer and/or customer requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to Art. 59 d.lgs 21/2014:
- order of customised or clearly customised products;
- order of products that are likely to deteriorate or expire rapidly;
- order of sealed Products that are not suitable for return for hygienic or health protection reasons or that have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that “risk deteriorating or expire rapidly” include all foodstuffs (including wines, spirits and beverages) and cosmetics, since the characteristics and qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage. Therefore, for reasons of hygiene and Customer protection, the right of withdrawal shall only apply to Products purchased on the Online Shop that can be returned to Maison Rode and put back on the market without endangering the health of consumers (such as books, gadgets, kitchen utensils, etc.).
In cases where the right of withdrawal is excluded, Maison Rode shall return the purchased Products to the Customer, charging him/her for the shipping costs.
8. Warranty and Conformity Defects
In case of conformity defects in Products sold by Maison Rode, the Customer shall immediately contact Customer Services by writing to info@maisonrode.it.
The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at his or her choice and provided that the type of Product allows it, to have the conformity of the Product restored, free of charge, by repair or replacement, or to an appropriate reduction in the price or to termination of the contract. The Customer shall forfeit these rights if he does not report the lack of conformity to Maison Rode within a period of two months from the date on which he discovered the defect, unless the Product is by its nature perishable or subject to expiry within a shorter period, in which case the defect shall be reported within this reduced period.
9. Errors and Limitations of Liability
The information on the Products provided through the Online Shop is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Maison Rode cannot be held liable, except in cases of intent or gross negligence.
Maison Rode reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Terms and Conditions and the Consumer Code.
Except in the event of wilful misconduct or gross negligence, any right of the Customer to compensation for damages or to the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property, caused by the non-acceptance or non-fulfilment, even partial, of an order, is excluded.
Maison Rode promotes responsible consumption and excludes any liability, except for intent or gross negligence, in the case of purchases made by persons under 18 years of age.
10. Complaints
Any claim shall be forwarded to Maison Rode using the contact form accessible directly on the Online Shop via the contact page, or to the email info@maisonrode.it or by registered mail with return receipt to the following address:
Maison Rode of Barbara D’Altoè
- Località Castellich, 29 – 31020 Tarzo (TV)
Maison Rode undertakes to respond to all requests received within a maximum of 7 working days.
11. Applicable Law and Jurisdiction
The sales contract between the Customer and Maison Rode shall be concluded in Italy and governed by Italian law. For the settlement of disputes relating to the interpretation, execution or termination of these General Conditions or of individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the Court of the Customer’s municipality of residence or domicile shall have exclusive jurisdiction if located on Italian territory; in all other cases, the Court of Pesaro shall have exclusive jurisdiction, any other jurisdiction being excluded.
Pursuant to Article 1341 of the Civil Code, the Customer declares having read and specifically accepted the following articles of these General Terms and Conditions: 6 (liability for late delivery), (right to correct errors – exclusions of liability).