Terms and Conditions
TERMS AND CONDITIONS OF SALE
Your terms and conditions of use
Terms and Conditions of Sale
These terms and conditions of sale ("Terms of Sale") illustrate the rights and obligations of customers and MASSARO ABBIGLIAMENTO in relation to any purchase, sale, order, or delivery of products.
These general conditions may be updated or modified at any time by MASSARO ABBIGLIAMENTO, which will provide notice through appropriate communication channels to customers. The consumer undertakes and is obliged, whenever a modification to these general conditions occurs, to print and store them.
Contact Information
Mas.Ca. S.r.l.
VAT number 04195850617
81020 SAN MARCO EV. (CE)
AT MOBILYA MEGASTORE - PROGRESS
Tel. +39 0823 335593
eMail: info@massaroabbigliamento.com
1. OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
An "online" sales contract refers to a distance contract, i.e., a legal transaction involving movable goods and/or services stipulated between a supplier, MASSARO ABBIGLIAMENTO, and a consumer and/or customer within a distance selling system organized by the supplier, which exclusively uses "internet" distant communication technology for said contract. All contracts will therefore be concluded directly by the consumer and/or customer accessing the website at www.massaroabbigliamento.it, where, by following the indicated procedures, they will conclude the contract for the purchase of the good. MASSARO ABBIGLIAMENTO may, at its discretion, request confirmation of the order placed by the consumer and/or customer. A consumer is understood to be any natural person who, in contracts for the sale of consumer goods, acts for purposes unrelated to any entrepreneurial activity carried out. For distance contracts with consumers, the regulations set out in section II of Legislative Decree no. 206 of 6 September 2005 are explicitly referred to.
Conclusion
The contract is considered concluded when the customer's acceptance reaches MASSARO ABBIGLIAMENTO's electronic address, by sending the digital order; the customer will receive confirmation of the conclusion of the contract via e-mail. Orders placed by those not residing or domiciled in Italy, the Republic of San Marino, Vatican City, or Switzerland, or who are under 18 years of age and do not possess a tax code and/or VAT number, are considered void.
2. SELLING PRICES AND PURCHASE METHODS
All selling prices of products displayed and indicated on the website, which constitute a public offer pursuant to art. 1336 of the Civil Code, include VAT and any other taxes. The customer will be charged a shipping fee, clearly displayed before the order is finalized, which varies depending on the payment method chosen for the order; The purchase contract is completed through accurate completion and consent to the purchase expressed by accepting "online" or by completing the guided purchase procedure that ends with a click on the "Submit Order" button.
The customer can pay for the ordered goods using the payment services indicated online at the time of purchase:
• By Credit Card
• By Credit Card through the PayPal system
• By Credit Card through the Scalapay system
2.1 - Delivery
Delivery will be made by GLS Courier.
If you purchase multiple products simultaneously, you will be charged for packaging and shipping costs for the product for which these costs are highest. Packaging, shipping, and delivery costs and conditions are subject to change without notice. Other information: We recommend printing a copy of the order for future reference.
3. PRODUCT AVAILABILITY
Should an order exceed the quantity available in stock, the IT system will allow only the existing quantities to be "checked out", purchased and received within the set times; for the remaining material, waiting times will be indicated via e-mail. In the case of offers with discounts, any lack of product will not lead to the cancellation of the order and therefore the loss of the benefit, and the order will be processed within the legal terms (Legislative Decree no. 206/2005). If the consumer and/or customer does not consent to wait the necessary time for delivery (beyond the term provided by art. 54 of Legislative Decree no. 206/2005), the contract will be considered terminated and MASSARO ABBIGLIAMENTO will proceed with the immediate reversal of the payment.
4. CONTRACT EXECUTION AND DELIVERY METHODS
MASSARO ABBIGLIAMENTO will deliver the selected and ordered products to customers, in the manner referred to in the previous article, through trusted couriers and/or forwarders or, at the sole discretion of the company, directly by the company itself. 4.1 - Delivery times will never exceed those provided for in art. 54 of Legislative Decree 206/2005 (this term will also apply to transactions with non-consumers). The delivery date is considered valid as the date relating to the first attempt by the courier to deliver the goods to the address (meaning the main entrance of the building and not the entrance to the private dwelling), even if the attempt is unsuccessful due to the absence of the recipient or refusal of the goods. In cases of non-delivery of ordered and shipped goods not attributable to MASSARO ABBIGLIAMENTO, the latter will be entitled to reimbursement of transport costs. This reimbursement operation can also be carried out by partial reversal of the payment made with a credit card.
5. OBLIGATIONS OF THE BUYER
Once the "online" purchase procedure has been completed, the consumer and/or customer undertakes and is obliged to print and keep these general conditions, which they will have already viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, in order to fully satisfy the condition set out in articles 4, 5, 52 and 53 of Legislative Decree no. 206/2005.
5.1 - It is strictly forbidden for the buyer to enter false and/or fictitious data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; personal data and e-mail must exclusively be their real personal data and not those of third parties, or fictitious data. The consumer and/or customer authorizes MASSARO ABBIGLIAMENTO and undertakes to provide, at the latter's discretionary request, a copy of unexpired identity documents. Failure to comply with the request for documents authorizes MASSARO ABBIGLIAMENTO to terminate the contract due to the buyer's non-performance. It is expressly forbidden to make multiple registrations corresponding to the same person or to enter data of third parties. MASSARO ABBIGLIAMENTO reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.
5.2 - The Customer releases MASSARO ABBIGLIAMENTO from all liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Customer, the Customer being solely responsible for the correct input.
6. DATA COLLECTION
By filling in the appropriate space on the banking payment system website, the consumer and/or customer authorizes MASSARO ABBIGLIAMENTO to use their credit card, or another card issued in replacement thereof, and to debit their current account in favor of MASSARO ABBIGLIAMENTO the total amount shown as the cost of the "online" purchase. The entire procedure is carried out via a secure connection directly linked to the banking institution that owns and manages the "online" payment service, which MASSARO ABBIGLIAMENTO cannot access. Should the consumer exercise the right of withdrawal, as set out in point 9 of these general conditions, the amount to be refunded will be credited to the same credit card.
6.1 - By filling in the personal data form in the registration procedure necessary to activate the process for the execution of this contract and the related further communications, the consumer and/or customer authorizes MASSARO ABBIGLIAMENTO to communicate non-sensitive personal data (residence, telephone number) to trusted couriers and/or forwarders used for the delivery of purchased goods in order to allow the necessary procedures for their delivery.
7. RESPONSIBILITY
Attention: in August and January, due to the reduction of services provided by couriers, shipments may be delayed by 48/72 hours compared to the scheduled delivery. The consumer and/or customer, from the moment they receive damaged goods or request redelivery from the carrier, has direct and exclusive recourse against the carrier itself. The latter is also responsible for delays in delivery of the goods to the recipient. MASSARO ABBIGLIAMENTO, in such cases, must be considered exempt from all liability for losses or damages (damage) to the goods from the moment they are delivered without reservation to the carrier for transport.
7.1 - In case of damage to the packaging or wrapping, the Customer is obliged to make reservations regarding the transported goods at the time of redelivery, under penalty of forfeiture. In case of partial loss or damage not recognizable at the time of redelivery, the consumer and/or customer must report the damage to the carrier, under penalty of forfeiture, as soon as it is known and no later than eight days from receipt by registered letter with acknowledgment of receipt (art. 1698 c.c.).
7.2 - To this end, it should be noted that all packages are packed with MASSARO ABBIGLIAMENTO printed adhesive tape and strapping. Likewise, MASSARO ABBIGLIAMENTO is not responsible for any fraudulent and illicit use that may be made by third parties of credit cards, checks, and other means of payment, at the time of purchase of the products, not being, at any time, part of the procedure.
7.3 - The images of the products published on the site are purely indicative. In the absence of specific indications in the order notes, the lack of conformity of the purchase cannot be claimed.
7.4 - Customers in Italy If you have purchased a MASSARO ABBIGLIAMENTO product through this website, any contract between the parties will be governed by Italian law. The competent court will be the court of Livorno. Any agreement, communication, and contract between us will be made or concluded in Italian. These Conditions of Sale do not in any way affect your other rights established by law and indicated on this website.
8. WARRANTIES
The exact warranty conditions for products sold by MASSARO ABBIGLIAMENTO are illustrated in the document inside the package. Any defective components will be repaired or replaced by MASSARO ABBIGLIAMENTO within a reasonable time and free of charge. How to obtain warranty service 1. Send the product directly to MASSARO ABBIGLIAMENTO's headquarters, together with proof of purchase issued by MASSARO ABBIGLIAMENTO itself. Preliminary operations: Contact MASSARO ABBIGLIAMENTO, at 0823.304970. Pack the product carefully and properly for shipping. If necessary, request a new shipping box from MASSARO ABBIGLIAMENTO. Label and ship the product to MASSARO ABBIGLIAMENTO's headquarters. 2. The product, accompanied by proof of purchase, can be sent directly to MASSARO ABBIGLIAMENTO. For further details, contact MASSARO ABBIGLIAMENTO, at 0823.304970. Protection: MASSARO ABBIGLIAMENTO disclaims all liability for special, incidental, consequential, or indirect damages, except in cases of willful misconduct and gross negligence. This Warranty is void if the serial number label has been removed or altered.
8.1 - The Consumer (any natural person who, in contracts for the sale of consumer goods, acts for purposes unrelated to any entrepreneurial activity carried out, and in any case purchases using their tax code and not their VAT number), in the event of defects in conformity with the contract that are considered to have been present at the time of delivery, has the right to contact MASSARO ABBIGLIAMENTO requesting, at their choice, the repair or replacement of the good. If the requested remedy is objectively impossible or excessively burdensome compared to the other, MASSARO ABBIGLIAMENTO will propose the other remedy to the Consumer. If the consumer requests or accepts the repair remedy, the reasonable term will be determined with express reference to the timing of the appointed service center.
8.2 - If the consumer does not accept the alternative remedy, they may request, at their choice, a reasonable reduction in price or termination of the contract if one of the following conditions applies: a) repair or replacement is impossible or excessively expensive; b) the seller has not provided for the repair or replacement of the good within a reasonable time; c) the previously carried out replacement or repair has caused significant inconvenience to the consumer.
8.3 - It is the consumer's responsibility to prove that it is a lack of conformity existing at the time of the conclusion of the contract, unless it manifests itself within six months of delivery. (Article 1519-sexies of the Civil Code).
8.4 - The defect must be reported within two months of its discovery, under penalty of forfeiture (Article 1519-sexies of the Civil Code).
8.5 - To request the remedy of replacement or repair, the Consumer must make a specific claim following the procedure indicated in point 10 below.
8.6 - Return shipping costs will be advanced by the consumer. The risks related to the transport of the goods are borne by the sender who may freely choose whether to insure the shipment without any obligation of reimbursement by the seller. Shipments sent "freight collect" will not be accepted unless previously agreed with the seller. In the event that the reported defect is found, MASSARO ABBIGLIAMENTO will carry out, within a reasonable time, the agreed remedy as well as the credit of the shipping costs incurred, with the exception of those for non-ordinary services. MASSARO ABBIGLIAMENTO reserves the right to charge the customer for any expenses incurred for the verification of the product and for its reshipment, should it be found to be intact and functional or without the reported defect of conformity and attributable to the date of delivery, contrary to what declared by the customer.
8.7 - "Non-consumer" customers (i.e., those who purchase with a VAT number) can contact MASSARO ABBIGLIAMENTO directly for any replacements or repairs.
9. RIGHT OF WITHDRAWAL
Massaro Abbigliamento intends to guarantee the full satisfaction of its Customers. If for any reason the Customer is not satisfied with the purchased products, items can be returned within 14 days from the date of receipt of the goods.
Shipping costs are borne by the customer.
Instructions for making a Return:
- Returned items must show no signs of use and must have intact warranty seals.
. All other garment labels, both fabric and hanging, must be intact and in no case removed.
- The customer is required to inform Massaro Abbigliamento of the intention to return the item by sending an email to info@massaroabbigliamento.com within 14 days of receiving the goods, containing the order number and the item code to be returned.
- Once the return request is received, Massaro Abbigliamento will perform a quality check and evaluate if the conditions for issuing a refund are met.
- The costs for return shipping are borne by the customer, who can select a courier of their choice.
- If the item is returned beyond the 14-day period, Massaro Abbigliamento reserves the right not to accept the return.
- Items to be returned must arrive at the headquarters within 14 days of written authorization to the Customer by Massaro Abbigliamento.
B) Refund:
- The refund will be made within 15 days of Massaro Abbigliamento receiving the item and only after verification and acceptance of the returned item.
- Refund amounts, when possible, will be made using the same payment method used by the customer, otherwise, by bank transfer. Please indicate the IBAN code to receive the refund in the email requesting authorization.
10. COMPLAINTS
Any complaint must be forwarded via e-mail to info@massaroabbigliamento.com. The Customer will receive an e-mail confirming the opening of the complaint within the following three working days; the same communication will provide instructions for defining the procedure and forward requests for clarifications or documentation. In compliance with current regulations, the Customer/Consumer, in the event of a complaint forwarded more than six months after the delivery of the product, must provide suitable documentation proving that the lack of conformity existed at the time of delivery. For complaints forwarded within six months of delivery, MASSARO ABBIGLIAMENTO reserves the right to verify the existence of the defect complained of by the Customer/Consumer before granting the requested remedy or the alternative provided by law.
11. CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
MASSARO ABBIGLIAMENTO has the right to terminate the stipulated contract by simply notifying the consumer and/or customer with adequate and justified reasons; in such a case, the customer will only be entitled to the return of any amount already paid. The obligations assumed by the customer under art. 5 (Obligations of the buyer), as well as the guarantee of the successful payment made by the customer by the means referred to in art. 2, are essential, so that by express agreement, the non-fulfillment by the consumer and/or customer of even one of these obligations will lead to the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial pronouncement, without prejudice to MASSARO ABBIGLIAMENTO's right to take legal action for further damages.
12. PRIVACY POLICY
Processing of personal data
Pursuant to Legislative Decree no. 196/2003 (Personal Data Protection Code), which replaced Law no. 675/1996, the processing of your information will be based on principles of correctness, lawfulness, and transparency, and on the protection of your privacy and rights. Pursuant to Article 13 of Legislative Decree no. 196/2003 (formerly Article 10 of Law 675/1996) of the aforementioned law, we therefore provide you with the following information:
The data you voluntarily provide will be processed, within the limits of privacy regulations, for the following purposes: invoicing and archiving customer data for any communications and the assignment of licenses for use of our products.
Processing will be carried out using paper and/or computerized methods.
The provision of data relating to name, surname, address, and tax code is mandatory in order to offer you the consulting and/or assistance service or the services requested by you, and any refusal to provide such data could lead to the failure or partial execution of the service provided by MASSARO ABBIGLIAMENTO. The provision of data relating to telephone number and email address is optional and aims to allow MASSARO ABBIGLIAMENTO to inform and update you on its activities and the services to which our customers are entitled. Personal data will not be used for sending advertising material, promotions, and the like, without the prior express consent of the data owner for such purposes.
We inform you that personal data capable of revealing racial and ethnic origin, religious, philosophical or other beliefs, political opinions, membership of parties, trade unions, associations or organizations of a religious, philosophical, political or trade union nature, as well as personal data capable of revealing health status and sexual life, those relating to health, are sensitive data. Such data, together with judicial data, voluntarily provided by you, will not be processed without your express written consent.
The data controller is MASSARO ABBIGLIAMENTO.
Data processing takes place at the aforementioned headquarters and at the other offices of Open2b Software and is handled only by authorized personnel.
At any time, you may exercise your rights towards the data controller, pursuant to Article 7 of the Privacy Code (formerly Article 13 of Law no. 675/1996), in particular, you may request to know the existence of data processing concerning you; to obtain, without delay, intelligible communication of the same data and their origin, the cancellation, transformation into anonymous form or blocking of data processed in violation of the law; the updating, rectification or integration of data; the certification that the aforementioned operations have been brought to the attention of those to whom the data have been communicated, except in the case in which such fulfillment proves impossible or involves a manifestly disproportionate use of means with respect to the protected right; to oppose, in whole or in part, for legitimate reasons, the processing of personal data concerning you, even if pertinent to the purpose of the collection.
For further information regarding your privacy rights, we invite you to visit the website of the Garante per la protezione dei dati personali (Italian Data Protection Authority) at www.garanteprivacy.it
