GENERAL CONDITIONS OF SALE
Date of publication on the site and of entry into force 1/5/2022
1. Subject
1.1. These general conditions of sale (hereinafter also referred to as the “Conditions“) apply to the purchase of “MAVOIX” brand products (hereinafter referred to as “Products” or in the singular “the Product“) performed through the e-commerce site www.mavoix.boutique (hereinafter the “Website“) by users who qualify as “Consumers” under the following Article
1.2. The Site, owned by MALOX Srl, with registered office in Florence, Via Salvestrina 12 – VAT number 07114000487 and registration number in the Florence Company Register 07114000487 (hereinafter the “Owner” or “Malox“), is managed by same Malox. Malox owns 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.
1.2. The Purchase of Products made through the Website will see as parties, Malox as seller (hereafter also the “Seller“) and, as a buyer, the person who proceeds to purchase one or more Products for purposes not related to his or her own entrepreneurial, commercial, handicraft or professional activity (hereinafter the “Consumer“) (Seller and Consumer will hereinafter be collectively referred to as the “Parties“).
1.3. 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 at the addresses and in the manner indicated on the Site and to the e-mail address [email protected].
1.4. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer.
1.5. The Site is dedicated to retail sales and as such is intended primarily for use by Consumers. If the sales are made to a person who does not qualify as a Consumer, these Conditions will apply but, notwithstanding the provisions of the same:
(a) the right of withdrawal (Article 10) is not granted to the buyer;
(b) the buyer will not be able to benefit from the Warranty on the Products set forth in Article 8;
(c) the buyer will not be granted of any other protections, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
d) the contract of sale concluded between Seller and Buyer shall be governed exclusively by Italian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – 1980 Vienna Convention;
e) the buyer will not have the right to transfer to third parties, in the exercise of a professional or business activity, the Products purchased on the Site, under penalty of compensation for any damages in favor of the Seller or third parties damaged by such behavior.
1.6. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions will be sent by e-mail to the address stated by the same during registration on the Site or during the purchase process.
1.7. In order to make purchases through the Site, the Consumer must have the legal age and the ability to act, which the Consumer, for the mere fact of placing the order, declares to possess.
1.8. Any charges for Internet connection to the Site, including telephone charges, are the sole responsibility of the Consumer, according to the rates charged by the operator selected by the Consumer.
2. Characteristics of products and their availability in different Geographical areas.
2.1. The Products are sold with the features described on the Site and according to the Terms posted on the Site at the time the order is placed by the Consumer, with the exclusion of any other condition or term.
2.2.The seller reserves the right to change these Terms at any time, at its sole discretion, without the need to provide any notice to the users of the Site. Any changes made will be effective from the date of publication on the Site and will only apply to sales concluded from that date.
2.3.The Prices, the Products for sale on the Site and/or the characteristics of the same may be subject to change without notice. These variations operate only for orders not yet confirmed at the date of the variation itself. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited 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 purchased by users who request delivery to one of the states that are indicated on the Site.
3. Product Purchase – completion of each individual purchase contract
3.1. The presentation of the Products on the Site is not binding for the Seller and represents a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these Conditions, which form an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is obliged to accept in full and without reserve. Before proceeding with the purchase of the Products by submitting the purchase order, the Consumer is asked to carefully read these Terms and the Right of Withdrawal Policy, print a copy through the print command, and store or reproduce a copy for his/her own personal use. In addition, the Consumer will be asked to identify and correct any errors in their data entering, as well as to expressly accept, where necessary, some of the contractual clauses that by law require specific approval.
3.3. The Consumer’s purchase order is accepted by the Seller with the sending to the Consumer, to the e-mail address declared by the Consumer to the Seller at the time of registration to the Website that is the transmission of the order in case the Consumer was not registered on the Website, of an e-mail confirmation of the order itself, which will contain a link to the text of these Conditions, a summary of the order placed, including details of the price, shipping costs and applicable taxes, and a description of the characteristics of the Product ordered. The Consumer’s order, the Seller’s order confirmation and the Terms applicable to the relationship between the Parties will be electronically stored by the Seller in its computer systems and the Consumer may request a copy by sending an e-mail communication to the Seller at [email protected].
3.4. Each contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail.
Selection procedure and Purchase procedure
4.1. The Products presented on the Site may be purchased by selecting the Products of Consumer’s interest and placing them in the appropriate virtual shopping cart. After finishing the selection of the Products, in order to complete the purchase placed in the shopping cart, the Consumer will be asked to (i) register with the Site, providing the required data, (ii) proceed with the log in case the Consumer was already registered or (iii) to provide the data in order to complete the order and allow the contract to be finalized. If the information given in the order is different from the one provided during the registration to the Website, the Consumer will be asked to confirm the data (by way of example but not limited to: first name, last name, etc.), as well as the address where to deliver the selected Products, the billing address and a telephone number where he/she can be contacted for any communications relating to the purchase made. The Consumer will see a summary of the order to be executed, of which he can change the contents; therefore, the Consumer, after careful reading, must expressly approve these Conditions, by ticking the appropriate check-box on the Websiteto further approve specifically, where required, some of the clauses of these Conditions and finally, through the “Enter order” button, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. Of these General Terms and Conditions of Sale. The Consumer is asked to choose the shipping method and payment method, from those available. If the Consumer decides for the immediate payment mode (simultaneous with the purchase) by credit card, PayPal or immediate bank transfer, he/she will be required to communicate the relevant data via secure connection. For accounting and administrative needs, the Seller reserves the right to verify the general information given by the Consumer. If the payment is made by credit card, the purchase amount will be charged only when the order confirmation is transmitted from the Seller to the Consumer.
4.2. If during the process of selecting Products on the Site referred to in the preceding point, the Consumer detects that the price of one or more of the Products that he or she intends to select for subsequent purchase is manifestly lower than the price normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem occurring on the Site, please do not complete your purchase order and report the above technical error to the Seller’s Customer Service Department by sending an e-mail to [email protected].
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and the delivery times of the same, however, such information is to be considered purely indicative and not binding for the Seller.
5.2. The Seller agrees to use its best efforts in order to meet the delivery time indicated on the Website and, in any event, to execute the delivery within a maximum time of thirty (30) days from the day following the day on which the Buyer has transmitted the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Seller and will refund any sums already paid by the Buyer for the payment of the Product pursuant to Section 5.3 below. If the Buyer has chosen bank transfer as the method of payment, the delivery period shall commence upon receipt of the sum on the Seller’s bank account.
5.3. The shipment of the Products ordered by the Consumer will take place in the mode selected by the Buyer, among those available and indicated on the Site at the time of the order’s placing. The Consumer agrees to promptly and as soon as possible to check that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect concerning the Products received or their deviation from the order placed, according to the procedure set forth in Article 8 of these Conditions below, failing which the Products shall be deemed accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at the destination obviously damaged, the Consumer is requested to refuse delivery by the carrier/shipper or to accept delivery “with reservation.”
6. Prices, shipping costs, taxes and fees
6.1. The price of the Products is that indicated on the Site at the same time as the Consumer sends the order. Prices include standard packaging costs, VAT (if applicable) and any other indirect taxes (if applicable), while they do not include shipping costs that are calculated prior to the order confirmation sent by the Seller to the Buyer and that the Buyer agrees to pay to the Seller in addition to the price indicated on the Site.
6.2. The Buyer shall pay to the Seller the total price as stated in the order and in the order confirmation emailed by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and reaffirmed in the order confirmation, including indirect taxes (if applicable) shall be exclusive of any customs duties and any other sales taxes, which the Consumer hereby agrees to pay, if due, in addition to the price stated in the order and confirmed in the order confirmation, as provided by the legal provisions of the country to which the Products will be delivered. The Buyer is encouraged to inquire with the appropriate bureau in his or her country of residence or destination of the Products in order to obtain information about any duties or taxes applied in his or her country of residence or destination of the Products.
6.4. Any and all additional costs, charges, fees and/or taxes that any given country may impose, for whatever reason, on the Products ordered under these Terms shall be borne solely by the Consumer.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, fees and/or taxes referred to in the preceding paragraphs 6.3. and 6.4., at the time of placing an order with the Seller, shall not be cause for termination of this contract and that it shall not in any way charge the above charges to the Seller.
7. Payments
7.1. Payment of the price of the Products purchased through the Site shall be made within the essential period of four (4) days commencing from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly agrees that Seller’s performance of the contract shall commence upon crediting the price of the purchased Product(s) to Seller’s bank account.
7.2. Payment may be made by credit card or through PayPal, subject to the conditions described below. The Seller may allow additional payment methods by indicating them in the payment section of the Site.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card information will be communicated directly to Intesa San Paolo S.p.A., the operator that handles payments on behalf of the Seller. The transmitted data will be sent in a secure mode by 128-bit SecureSocketLayer (SSL) encrypted data transfer. Such data are also not accessible to the Seller.
7.4. If the payment is made by bank transfer in favor of the Seller, the Consumer shall indicate the “Swift” and “IBAN” codes given in the order confirmation, as well as the order number.
7.5. The Seller will promptly transmit to the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.
8. Seller’s legal warranty of conformity, reporting of conformity defects and warranty work
8.1. Pursuant to and in accordance with European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (hereinafter referred to as the “Consumer Code”), the Seller warrants to the Consumer that the Products will be free from defects in design and material as well as 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 the event of use of the Product that does not conform to the Product’s own use and/or to the instructions/warnings provided in this regard by the Seller, or set forth in the illustrative reference documentation, tags or labels, as well as for the case of accidental damage suffered by the Product during its use and wear and tear damage.
8.2. Under penalty of forfeiture of this warranty, the Consumer has the burden of reporting any defects and non-conformities no later than 2 (two) months after discovery by sending to Customer Service at [email protected] Seller’s Customer Service, by e-mail at. [email protected], the appropriate form correctly filled out [click here to download the return form for defective product], indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least no. 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt).
8.3. Following receipt of the form and related documentation, the Seller will assess the defects and non-conformities reported by the Consumer and, after having carried out the qualitative checks necessary to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with feedback, containing the “Return Code”, by e-mail to the address provided by the latter during the process of registration on the Site or when transmitting the order.
Authorization to return Products shall in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained subsequent to 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 bearing the “Return Code”, within thirty (30) days of the reporting of the defect or non-conformity, to the following address: Malox S.r.l., c/o Antonio Ortoleva, Via.
Salvestrina 12, 50129, Florence (FI) – Italy.
8.4. In the event of defects or non-conformities, the Consumer shall have the right to have the Product restored to conformity by the Seller, by repair or replacement, or to alternative remedies in the cases expressly provided for in Art. 130 of Legislative Decree no. 206/2005.
Where the Seller has undertaken to refund the Consumer the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer’s responsibility to notify the Seller, again by e-mail to [email protected], of the bank details for making the transfer in his or her favor and for the Seller to be put in a position to return the amount due.
9. Product liability for defective products
9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code shall apply. Seller, in its capacity as distributor of the Products through the Site, releases itself from all liability, none excluded and/or excepted, by indicating, at the request of the injured Consumer, the identity and domicile of the relevant manufacturer.
10. Right of withdrawal
10.1. Subject to the exceptions set forth in Article 59 of the Consumer Code, the Consumer is granted the right to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reasons and without any penalty, within the term of 14 (fourteen) days from when (i) the Product has been delivered or (ii) in the case of a purchase of multiple Products delivered separately in one order, the last Product was delivered.
10.2. In order to exercise the right of withdrawal, the Consumer must inform the Seller, before the expiration of the period referred to in Section 10.1 above, of his decision by accessing the “My Returns” page from My Account or, if he is not registered to the site, by accessing the dedicated page and entering the order number and the e-mail with which he made the purchase. Alternatively, the Consumer may send an explicit statement to Malox Srl via the contact form or to the e-mail address [email protected], of his or her decision to withdraw using the attached model withdrawal form[LINK TO RETURN FORM FOR EXERCISE OF RIGHT OF WITHDRAWAL].
10.3. Following the provisions of Section 10.2 above, the Consumer will receive an email confirming the exercise of withdrawal, containing, in the event that he or she has in the meantime already received the ordered product, the return form to be inserted in the package, and instructions on how to proceed with the return of the product, to be transmitted no later than the following 14 days to
Malox Srl c/o di Antonio Ortoleva [email protected] Via Salvestrina 12, 50129, Firenze (FI) – Italy.
10.4. If the Consumer has received the product, he/she is obliged to return it to the Seller without undue delay and, in any case, within 14 days from the day he/she communicated the withdrawal. The deadline is met if the Consumer returns the goods before the expiration of the 14-day period. The direct risks and costs of returning the goods, as well as the proof of this, will be borne by the Consumer. If the Consumer exercises his or her withdrawal through the Site, he or she will be told before confirming the withdrawal request the cost of returning the goods if he or she wishes to use the return service offered by the Site.
10.5. In the event of withdrawal, the Consumer will be refunded the payments he or she has made, including delivery costs (except for additional costs arising from any choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any event, no later than 14 days after the exercise of withdrawal. Said refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, but in that case the Consumer will be responsible for any additional costs arising from the different means of payment. Refunds may be suspended until receipt of the goods or until the Consumer demonstrates that he or she has returned the goods, whichever is earlier.
10.6 Returns cannot be accepted if even one of the following occurs: the warranty seal is not intact and/or has been removed from the Product; ; ; the Product is missing any enclosed instructions/notes/manuals or is in packaging and packing other than the original packaging; the Product is not in the same condition in which it was shipped; the Product has been treated in any way, e.g., specific glues for wallpapering. The Consumer shall in any event be liable for any diminution in the value of the Product resulting from its handling other than that necessary to establish its nature, characteristics and operation, and in such case, should the Seller nevertheless deem to accept the return, the Consumer shall be entitled to a refund only of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is requested not to handle the goods beyond what is strictly necessary to establish the nature, characteristics and operation and to cover the original wrapping of the Products with other protective packaging that preserves their integrity and protects them during transport, including from writing or labels.
11. Intellectual property rights
11.1. The Consumer declares that he/she is informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Malox Srl and/or its assignees, without any right deriving to the Consumer from access to the Site and/or the purchase of the Products.
11.2. 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 Malox Srl.
12. Consumer data and privacy protection
12.1. In order to proceed with the registration, placing of the order and thus the conclusion of the contract on the basis of these Conditions, certain personal data are required through the Site from the Consumer. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller in accordance with and in compliance with the regulations set forth in Italian law, and in particular in Legislative Decree. n. 196/2003 as amended and supplemented – Privacy Code, to execute each purchase made through the Site and, subject to its consent, for any further activities as indicated in the appropriate privacy policy provided to the Consumer through the Site at the time of registration.
12.2. The Consumer represents and warrants that the information provided to the Seller during the registration and purchase process is correct and true.
12.3. The Consumer may at any time update and/or modify his/her personal data provided to the Seller through the appropriate section of the Site “My Account” accessible after authentication.
12.4. For any further information on how the Consumer’s personal data is processed, you can access the Privacy Policy section as well as carefully read the General Conditions of Use.
13. Security
13.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (logged in), cannot be accessed or viewed by unauthorized third parties.
13.2. The Seller, with regard to data related to credit card payments uses the services of the company Intesa San Paolo S.p.A., which adopts technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14. Applicable law, conciliation attempt and jurisdiction
14.1. Any contract of sale concluded between the Seller and Consumers under these Terms shall be governed by and construed exclusively in accordance with the laws of Italy, including the Consumer Code, with specific reference to the regulations on distance contracts, and by Legislative Decree 9 April 2003 no. 70 on certain aspects concerning electronic commerce. In any case, the rights, if any, attributed to Consumers by mandatory provisions of law in force in the State of the latter shall not be affected.
14.2. In the event of a dispute between the Seller and a Consumer, the Seller hereby declares its willingness to participate in an attempt at amicable conciliation that each Consumer may promote before RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in an amicable and safe way over the Internet. For more information on the ResolviOnline regulations or to submit a conciliation request, log on to www.risolvionline.com.
14.3. As an alternative to the conciliation attempt referred to in 14.2 above, the Consumer also has the option to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, prompt, and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a trader established in the Union through the intervention of a participating alternative dispute resolution (ADR) entity that can be selected from a list available therein. For more information about the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure related to this contract, access the following link: http://ec.europa.eu/odr. The Vendor’s e-mail address to be provided in the European ODR Platform is: [email protected].
14.4. If the conciliation attempt referred to in 14.2 above is not adhered to or
14.3 or such attempt should be unsuccessful, the dispute shall be referred to the court of the place of residence or domicile of the Consumer.
