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Terms and conditions valid for online sales only
Preamble
The offer of this online shop is proposed by the company MAV ARREDA S.R.L. with registered office in Corso Lodi 2 Milan (VAT no. and tax code IT05919160969) in accordance with the current regulations on e-commerce and distance contracts in force on the date of the drafting of this contract in Italy
General Terms and Conditions of Sale
These general conditions of sale (the "General Conditions") govern the terms and conditions of sale of the products marketed by Mavarreda.it (the "Products").
All the contracts for the sale of Products by MAV ARREDA s.r.l. to third parties (the "Customers") are regulated by these General Conditions, which form an integral and substantial part of every proposal, order and purchase order confirmation of the Products themselves. The sales conditions applicable to orders are those in force on the date of the order itself.
1. Products: prices and characteristics
1.1 Unless otherwise indicated, the prices of the Products published on the site by MAV ARREDA s.r.l. are expressed in Euros, include VAT but exclude shipping costs.
Shipments outside the European Community (non-EU) are also net of any customs duties, which will be charged to the consignee and will be requested by the forwarding agent during delivery.
The price guaranteed to the purchaser is that published on the Site at the time the order is sent. The price established at the time of purchase is fixed and final.
The prices of the Products published from time to time by MAV ARREDA s.r.l. on the Site cancel and replace the previous ones and are subject to the actual availability of the Products.
The technical and functional characteristics relative to the Products published by MAV ARREDA s.r.l. through its own informative messages in the internet pages describing the articles, are those communicated by the respective producers. MAV ARREDA s.r.l. does not assume any responsibility regarding the truthfulness and completeness of such information. Product images are indicative and not binding.
The Products are not supplied on trial. Although the Mavarreda.it operators may provide indications on the characteristics of the Products, the Customer is responsible for the choice of the Products ordered and for the correspondence and conformity of the specifications indicated by each manufacturer to his own needs.
2. Orders - Invoicing
Each order of Products transmitted to MAV ARREDA s.r.l. constitutes a contractual proposal of the Customer. The execution of the order by MAV ARREDA s.r.l. is equivalent to confirmation and acceptance of the same.
The fiscal documentation relative to the ordered Products will be issued by MAV ARREDA s.r.l. at the moment of the shipment of the Products to the Customer.
An invoice will be issued by MAV ARREDA s.r.l. the Client must indicate the exact data necessary for the invoicing and specify the shipping address of the invoice itself. The Customer is responsible for any incorrect or incomplete data
3. Order execution
The order shall be executed within the terms specified on the Site.
Usually deliveries take place within 24/48 hours for Italy and 2/6 days for other destinations, for all the Products indicated as "available".
In the case of non-execution of the order by MAV ARREDA s.r.l. (if the same is due to unavailability of the Products ordered by the Customer), MAV ARREDA s.r.l. will inform the Customer as soon as possible of the delivery times foreseen for the supply of the missing Product. If the Customer does not intend to wait for this time, in any case not longer than 60 working days, MAV ARREDA s.r.l. will reimburse any sums already paid by the latter for the unfulfilled supply.
In case of stock exhaustion or unavailability of the ordered Product, MAV ARREDA s.r.l. undertakes to inform the Customer as soon as possible and to specify a deadline for availability or to agree on a refund.
The Customer will confirm by e-mail his choice, i.e. wait for the availability of the Product or ask for a refund.
4. Order acceptance
The conclusion of the contract will take place only when the order is confirmed by MAV ARREDA s.r.l. .
The Customer will receive by e-mail a notification of receipt containing the confirmation of the order with all the constitutive elements of the contract (products ordered, prices, delivery dates, shipping costs, ...)
MAV ARREDA s.r.l. reserves the right not to confirm an order for any reason relating in particular to a problem with the supply of products, a problem with the order received or delivery.
5. Delivery of Products
Products are delivered to the address indicated by the Customer.
Shipments shall take place upon receipt of confirmation of payment: for a bank transfer the crediting to our current account shall be deemed valid, for payment by credit card the confirmation of the transaction by the circuit.
For our shipments we rely on the service of qualified express couriers such as TNT GLS SDA or couriers specialised in the delivery of furniture and furnishings to guarantee the quality of the service and the integrity of the Products.
Delivery Times
Deliveries are normally made within 24/48 hours for Italy and 2/6 days for other destinations only for products in stock. Delivery times are indicated in working days.
The delivery time of an order containing items with different delivery times is equal to the longer delivery time of the items in the order. Any delays in delivery of less than 30 (thirty) days shall not entitle the Customer to refuse delivery of the Products, nor to claim compensation or indemnity of any kind.
MAV ARREDA s.r.l. has the right to carry out, should it consider it appropriate, the delivery of the Products (even relative to the same order) in several successive deliveries.
The delivery is considered as executed from the moment the Product is delivered to the Customer.
The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, shall constitute proof of transport and release of the Product.
Floor Deliveries and Assembly
Deliveries are intended exclusively at street level: no floor deliveries are made by the transporters and no collection of used goods is envisaged.
MAV ARREDA s.r.l. does not offer assembly services unless previously agreed in writing.
Most of our products travel pre-assembled: assembly is very often quite simple, normally consisting of assembling pieces that have already been defined.
Itisimportant toknow that:
Upon delivery, the Customer must check the content, conformity and condition of the Product(s). Therefore, upon delivery, MAV ARREDA s.r.l. recommends the Customer to proceed to check the state of the Products delivered before signing the receipt notice, and in particular
- that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment;
- that the packaging is intact, not damaged, not wet or in any way altered, and to check the integrity of the contents.
If the Customer finds any anomalies, he must refuse delivery of the products or put his reservations, detailed and dated, in writing. If the courier's document is signed without affixing any "reservation", the Customer may not make any objection regarding the external characteristics of what is delivered. Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 3 (three) days of delivery.
MAV ARREDA s.r.l. has the right, at its own unquestionable judgement, to make the delivery of the Products ordered by means of a courier chosen by it.
Unless otherwise indicated, all deliveries are made at street level.
Particular delivery terms and conditions must be agreed in advance between the Customer and MAV ARREDA s.r.l. and accepted in writing by MAV ARREDA s.r.l. .
6. Withdrawal of products in case of absence of the customer
In case of absence of the consignee during the delivery, the carrier will leave a notice at the delivery address indicated by the Customer. The Products shall be collected at the address and in the manner indicated by the carrier.
In case of non-pick-up within the term established by the carrier, the Products shall be returned to MAV ARREDA s.r.l. which reserves the right to refund the price of the Products, leaving the shipping costs to be paid by the Customer.
In case of an error inherent to the Product, the Customer undertakes to return said Product or the Products concerned to MAV ARREDA s.r.l. within 7 (seven) days from receipt, on condition that they are returned with the package closed, in their original state and packaging with the accompanying documents.
Once the Product has been received in the correct form and manner, MAV ARREDA s.r.l. will send back, at its own expense, the Product originally ordered.
7. Force Majeure
Explicitly considered as cases of force majeure, in addition to those normally considered by jurisprudence, are the following cases
- total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer failures, blocking of telecommunications including networks and in particular the internet.
In the event of force majeure, the execution of the order shall initially be suspended as of right.
If, after a period of 3 (three) months has elapsed, the parties ascertain the persistence of the case of force majeure, the order shall automatically be cancelled, unless otherwise agreed by both parties.
8. Product Guarantees - Technical Assistance
MAV ARREDA s.r.l. guarantees only the material integrity of the Products at the moment of delivery (hereinafter, the "MAV ARREDA s.r.l. Guarantee").
8.1 Any defects covered by the MAV ARREDA s.r.l. Warranty must be reported by the Customer, under penalty of forfeiture, within and not later than 10 (ten) days from the date of delivery. In case of operation of the MAV ARREDA s.r.l. Warranty. the Customer shall only have the right to the replacement of the damaged Products upon return of the same, being excluded the right of the Customer to compensation for any damage, even further. The shipping costs necessary for the replacement of Products shall be borne by MAV ARREDA s.r.l. .
8.2 Without prejudice to what is foreseen in the previous article 8.1, MAV ARREDA s.r.l. does not give on the Products any further guarantee other than the one given by the single Producers. Technical assistance and interventions under warranty on the Products are carried out, where foreseen, by the single Producers, according to the terms and modalities reported in the documentation attached to the Products themselves. In particular, MAV ARREDA s.r.l. does not provide any guarantee regarding the compatibility of the Products with other Products or equipment used by the Customer, nor does it provide any guarantee regarding the suitability of the Products for the specific use intended by the Customer.
8.3 Without prejudice to the hypothesis of fraud or serious fault of MAV ARREDA s.r.l. it is as of now agreed that, should the responsibility of MAV ARREDA s.r.l. be ascertained for any reason towards the Customer - including the case of total or partial non-fulfilment of the obligations undertaken by Mavarreda.it On Line Store towards the Customer as a result of the execution of an order - the responsibility of MAV ARREDA s.r.l. cannot be higher than the price of the Products purchased by the Customer and for which the dispute has arisen.
9. Right of Withdrawal
9.1 According to the Legislative Decree 206/2005 the Customer (if he is qualified as a "consumer") of the Legislative Decree 22 May 1999 n. 185) has the right to withdraw from the contract and to return the ordered Products, without any penalty and without specifying the reason, within the term of 14 (fourteen) days from the receipt of the Products.
9.2 The right of withdrawal referred to in Article 9.1 above may be exercised by the Customer, without stating a reason, within 14 days. The withdrawal period expires after 14 days from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the goods. In case of purchase of a product customised according to the fabric and/or finish indicated by the Customer, the right of withdrawal cannot be applied according to Legislative Decree 206/2005 - Consumer Code
To exercise the right of withdrawal, the Customer shall inform us
by registered mail: MAV ARREDA Corso Lodi 2, 20135 Milan
via PEC mavarreda@pec.it
of the decision to withdraw from this contract by means of an explicit declaration (e.g. letter sent by post, or e-mail). You may use the Withdrawal Form for this purpose, but it is not obligatory.
In order to comply with the withdrawal period, it shall be sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal prior to the expiry of the withdrawal period.
9.3 Effects of Withdrawal
Upon withdrawal from the contract, the Customer shall be reimbursed all payments made to us, including the costs of delivery (with the exception of any additional costs resulting from choosing a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of the decision to withdraw from this contract.
Such reimbursement shall be made using the same means of payment as was used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer shall not incur any costs as a consequence of such reimbursement.
Reimbursement may be suspended until receipt of the goods or until the consumer proves that he has returned the goods, whichever is earlier.
9.4 The returned goods shall be sent back or delivered to us at the following address
MAV ARREDA s.r.l. Corso Lodi 2, 20135 Milan
without undue delay and in any case within 14 days from the day on which the Customer has notified us of his withdrawal from this contract. The deadline is met if the goods are returned before the expiry of the 14-day period.
The direct costs of returning the goods shall be borne by the Customer.
9.5 The Customer shall only be liable for the diminished value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. The returned goods shall be returned in resalable condition.
9.6 The right of withdrawal referred to in article 9.1 above cannot be exercised by the Customer in case the purchased Products are not "prefabricated" products, but made only following the specific choice and individual indications of the Customer in the order phase, are customised, or may deteriorate.
9.7 MAV ARREDA s.r.l. recommends the Customer to verify the state of the Products delivered before signing the acknowledgement of receipt, and in particular that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment and that the packaging is intact, not damaged, not wet or in any case altered, and to check the integrity of the contents.
If any discrepancies are found, the Customer may refuse to accept the package by signing his refusal.
10. Payment
Payment is due from the moment the order is placed.
The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and transport) as well as to pay or have paid, if necessary, and this directly to the courier or transporter, the VAT or other taxes relating to the import of the Products in the countries where delivery will take place.
The Customer shall pay for the order
- by credit card as proposed on the Site.
The Customer guarantees to MAV ARREDA s.r.l. that he has the eventual necessary authorisations to use the card payment modality when placing the order.
- or by bank transfer in favour of MAV ARREDA s.r.l. .
In case of non-receipt by MAV ARREDA s.r.l. of the bank transfer in the 14 days following the confirmation of the order, MAV ARREDA s.r.l. reserves the right to cancel the order. The bank details are provided at the time the order is placed.
- or through Paypal.
The Customer guarantees to MAV ARREDA s.r.l. that he has the eventual necessary authorisations to use the Paypal payment method when placing the order.
11. Non-payment - Reservation of property
The Products ordered remain the property of MAV ARREDA s.r.l. until the final and full payment of their price (according to Art. 1523 and following of the CC.) MAV ARREDA s.r.l. reserves the right to claim the Products ordered in case of non-payment.
In this hypothesis and at the request of MAV ARREDA s.r.l. , the Customer undertakes to return any unpaid Product, at his own expense.
12. Complaints
Complaints for the non-conformity of the Product(s) delivered with the order must be received in writing directly to MAV ARREDA s.r.l. immediately after receiving the goods.
We advise the Customer to keep the original packaging and the delivery document.
13. Named information
The computerised processing of information, including the management of e-mail addresses of users of the site, is carried out in accordance with statutory provisions.
The nominative information requested from the Customer is indispensable for the processing and forwarding of orders, the creation of invoices and any guarantee contracts.
For this purpose, this information may be communicated to the contractual partners of MAV ARREDA s.r.l. .
The Customer may object to such communication and, in accordance with the law, avail himself of the right to access, modify, rectify and delete data concerning him by contacting MAV ARREDA Corso Lodi 2, 20135 Milan.
In order to avoid any attempt of fraud, MAV ARREDA s.r.l. may ask you for proof of your identity and domicile.
14. Electronic signature
The "validation click" constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
15. Non-waiver
For MAV ARREDA s.r.l., the fact of not enforcing a failure on the part of the Customer with respect to any of its obligations shall not be interpreted as a waiver of the obligation in question and of the possibility of enforcing this failure at a later date.
16. Entirety of the contract
These general terms and conditions constitute the entirety of the parties' obligations.
No other general or particular conditions communicated by the Customer may be included in or depart from these general conditions.
17. Intellectual Property
MAV ARREDA s.r.l. is the owner of the intellectual property rights of the Site and the right to disseminate the elements that are contained in the online shop catalogue. Consequently, the partial or total reproduction, on any type of support, of the elements that make up the Site and the catalogue, their use, as well as their cession to third parties are formally prohibited.
18. Invalidity
Should one or more of the provisions of these general terms and conditions be deemed invalid or declared invalid by application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions shall retain all their force and value.
19. Jurisdiction
In the event of a dispute and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law placed to protect consumers (as defined pursuant to Article 1 letter b) of Legislative Decree No. 185 of 22 May 1999), any dispute in any way connected to these General Terms and Conditions shall be referred to the exclusive jurisdiction of the Court of Milan.
Pursuant to articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of the General Conditions of Sale MAV ARREDA s.r.l. : 1-2-3-4-5-6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.
SALE PROCEDURE LAKE OUTLET
ACCEPTANCE once the order has been received and payment has been completed, Mav Arreda has 72 working hours to confirm or cancel the order. After 72 hours without receiving any indication the order is considered confirmed
VERIFICATION with the exception of products defined as "new", all other products may show slight signs of wear as they have already been used for exhibitions, shooting, fairs, photo shoots or product placement i. Any "important" defects will be indicated in the description of the item or later in the pre-shipment check. If a significant defect is found in the pre-shipment inspection, this will be communicated to the purchaser who will have the option of accepting the good or requesting cancellation of the order. To cancel the order, simply send an e-mail to store@mavarreda.it. In this case, 100% of the amount paid will be refunded within 7 days .
SALE Since this is an OUTLET, the sale of the products takes place on a "seen and liked" basis. The presence of any signs of wear and tear and/or defects in the Products, duly reported, will not entitle the purchaser to replacement of the Product, price reduction, compensation for damages or any other remedies.
The following sales procedure is to be considered an integration of the sales conditions of the Ecommerce shops of Mav Arreda srl