TERMS AND CONDITIONS OF SALE
Updated to November 2021
ENRICO MANDELLI SPA P. VAT and CF 03227490137 based in Merate (Lecco), Via Mascagni 2, is the owner of the website https://www.mandelli-milano.it/ (hereinafter, the "Site").
These general terms and conditions (hereinafter, "Terms of Sale") contain the terms and conditions governing the purchase of products and goods made through the Site by end users (hereinafter, "Customer(s)").
The Conditions of Sale are stipulated between ENRICO MANDELLI SPA and you as the Customer.
These Conditions of Sale govern and regulate the service provided by ENRICO MANDELLI SPA.
To the Customer by means of the Site. The service is aimed at the online sale of high-end clothing and fashion accessories.
The service is provided by ENRICO MANDELLI SPA through the Site limited to the territory of the Italian state.
For any doubts and/or questions regarding these Terms of Sale and/or the products on the Site, the Customer may contact ENRICO MANDELLI SPA at the following telephone number: 039 999991.
Acceptance of general terms and conditions
The Terms of Sale regulate the contract between ENRICO MANDELLI SPA and the Customer, which is to be considered concluded with the acceptance, even if only partial, by ENRICO MANDELLI SPA of the order placed through the Site (as subsequently indicated). By placing an order through the Site in the various ways provided, the Customer declares that he/she has read all the information provided to him/her herein and/or during the purchase process through the Site, and that he/she fully accepts the Terms of Sale and Payment transcribed below.
If the Customer does not intend to accept even one of the terms and conditions of these Terms of Sale, the Customer is requested to refrain from using the service offered through the Site.
If the Customer is a consumer (i.e., a natural person who purchases goods for purposes not related to his or her professional activity, i.e., does not make the purchase by indicating in the order form a VAT number reference as defined in 'Article 3, paragraph 1 (a) of the Consumer Code - hereinafter, the "Consumer"), upon Order Confirmation (as defined below), it will be the responsibility of ENRICO MANDELLI SPA to send him by e-mail, together with the confirmation communication, the link to these Terms of Sale, which the Consumer shall print or save and otherwise retain, in accordance with the provisions of the current Consumer Code on distance selling.
Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by ENRICO MANDELLI SPA's non-acceptance, even partial, of an order formulated through the Site is excluded.
Mode of purchase
The Customer may purchase only the products in the electronic catalog at the time of placing the order and viewable online through the Site, at (URL) https://www.mandelli-milano.it/ as detailed in the relevant information sheets on the Site. It is understood that the picture accompanying the descriptive sheet of a product may not be perfectly and completely representative of its features but differ in color, size, products and accessories in the picture. All purchase support information is intended to be merely general information material, not referable to the actual characteristics of an individual product. The Customer may at any time request more information using the contacts in Article 14 below. ENRICO MANDELLI SPA undertakes to process the Customer's order request within 6 (six) working days from the date of its receipt. In this regard, Saturday and Sunday should be considered as holidays.
The correct receipt and consequent fulfillment of the order placed through the Site is confirmed by ENRICO MANDELLI SPA by means of an e-mail reply (hereinafter, the "Order Confirmation"), sent to the e-mail address communicated by the Customer when registering to the Site and/or purchasing. The Order Confirmation will contain, in addition to the link to these Terms of Sale mentioned in art. 1.2 above, the date and time of execution of the order and a 'Customer Order Number', to be used in any further communication with ENRICO MANDELLI SPA. If the Customer decides to proceed with payment by bank transfer in advance, the Order Confirmation will also contain the bank details of ENRICO MANDELLI SPA in order to proceed with payment. The Order Confirmation message re-proposes all the data entered by the Customer, who undertakes to verify their correctness and promptly communicate any necessary corrections, in the manner described herein and in any case by e-mail.
In case of non-acceptance of the order and / or inability to process the same, ENRICO MANDELLI SPA ensures timely communication to the Customer.
Customers will be able to make their purchases through the Site by adopting one of the following payment methods: i)bank transfer, ii) credit card payment through service operated with PayPal platform, and iii) payment through PayPal account.
Payment by credit card through PayPal platform
In cases of purchasing goods with credit card payment method, the transaction will be handled through the PayPal platform. In this case, it is not necessary for the Customer to have a PayPal account. The PayPal platform simultaneously with the conclusion of the online transaction, will immediately charge the amount related to the purchase made to the account linked to the Customer's credit card.
In case of cancellation of the order, either by the Customer or, in the case of non-acceptance of the same, by ENRICO MANDELLI SPA, the cancellation of the transaction and the reversal of the amount charged will be requested without delay by ENRICO MANDELLI SPA, as appropriate. Reversal times, for some types of cards, depend solely on the PayPal platform and/or the banking system and can extend up to their natural expiration date. Once the cancellation of the transaction has been made, the Customer acknowledges and expressly accepts that under no circumstances can ENRICO MANDELLI SPA be held responsible for any damages, direct or indirect, caused by delay in the failure to release the amount committed by PayPal and/or the banking system.
At no time during the purchase process is ENRICO MANDELLI SPA able to know information about the buyer's credit card, which is transmitted via secure connection directly to the PayPal platform, which handles the transaction. Please refer to the following link for more details: https://www.paypal.com/it/webapps/mpp/ua/privacy-full. No computer files of ENRICO MANDELLI SPA will retain such data.
Under no circumstances may ENRICO MANDELLI SPA be held liable for any fraudulent and improper use of credit cards by third parties when paying for products purchased through the Site.
Payment by bank transfer in advance
The form of payment by bank transfer in advance cannot be used on all catalog items. Any limitations are clearly highlighted within the Site's shopping cart. In case of payment by bank transfer in advance, ENRICO MANDELLI SPA, with the Order Confirmation communication, will transmit to the Customer the bank reference data to make the payment. Once the Order Confirmation has been transmitted, what has been ordered by the Customer will be kept committed until receipt of the proof of transfer, to be sent to ENRICO MANDELLI SPA (by fax or e-mail) no later than 4 (four) working days from the date of sending of the Order Confirmation by ENRICO MANDELLI SPA. If payment by the Customer is not made within the aforementioned deadline, ENRICO MANDELLI SPA may eventually contact the Customer to ask for clarification, or alternatively consider the order rejected. Therefore, the product may be placed back in the catalog by ENRICO MANDELLI SPA without the Customer having any claim to it. The dispatch of what has been ordered through the Site will take place by ENRICO MANDELLI SPA only when the actual crediting of the amount due on the bank account of ENRICO MANDELLI SPA. Should payment by the Customer fail to take place, the order will be deemed automatically cancelled and nothing will be due from ENRICO MANDELLI SPA to the Customer.
The reason for the bank transfer should state:
The order reference number (Customer Order Number);
The date the order was placed;
First and last name of the order holder.
Paypal account payment
In cases of purchase of goods with PayPal payment method, concurrently with the conclusion of the online transaction, PayPal will immediately charge the amount related to the purchase made to the Customer's PayPal account.
In case of cancellation of the order, either by the Customer or, in case of non-acceptance of the same, by ENRICO MANDELLI SPA, at the same time of cancellation, the amount related to the cancelled goods will be credited back to the customer's Paypal account. The timing of crediting back to the chosen payment instrument within the Paypal account depends solely on PayPal and the banking system. Once the amount has been credited back to the Paypal account, under no circumstances can ENRICO MANDELLI SPA be held responsible for any damages, direct or indirect, caused by delays in the actual crediting dependent on Paypal or the banking system.
ENRICO MANDELLI SPA reserves the right to request additional information from the Customer (e.g., landline phone number) to determine the actual ownership of the PayPal account. In the absence of the required documentation, ENRICO MANDELLI SPA reserves the right not to accept the order.
At no time during the purchase process is ENRICO MANDELLI SPA able to know information about the buyer's credit card or other chosen mode within PayPal. Please refer to the following link for more details: https://www.paypal.com/it/webapps/mpp/ua/privacy-full.
Under no circumstances, therefore, can ENRICO MANDELLI SPA be held responsible for any fraudulent and undue use of credit cards by third parties when paying for products purchased.
Mode and cost of delivery
ENRICO MANDELLI SPA is able to provide its sales service through the Site in Italy and all over the world.
For each order placed, ENRICO MANDELLI SPA will issue an invoice for the material shipped, sending it by e-mail to the order holder indicated by the Customer, in accordance with current regulations. For the issuance of the invoice, the information provided by the Customer at the time of the order shall be binding. No changes in the invoice will be possible, after it has been issued.
Transportation and delivery costs are the responsibility of ENRICO MANDELLI SPA. However, this is without prejudice to the possibility for ENRICO MANDELLI SPA to provide for the payment of shipping costs to be borne by the Customer in some specific cases, that is, in the event of special conditions and/or needs related to the shipment of the purchased product, such as, but not limited to, the weight of the packaging and/or the place of destination of the shipment. In this case, the Customer will be informed by ENRICO MANDELLI SPA of the shipping costs expected to be borne by the Customer before the Customer can finalize and transmit the purchase order through the Site.
Free shipping costs. Any duties to be borne by the customer.
Delivery of the order will be made within the timeframe provided by the courier company, which is usually equivalent to 3 (three) working days. No responsibility can be attributed to ENRICO MANDELLI SPA in case of delay in the execution of the order or in the delivery of what has been ordered. In any case, if the Customer is a Consumer, ENRICO MANDELLI SPA undertakes to deliver the goods to the consumer without delay and at the latest within thirty days from the date of conclusion of the contract as provided for inArticle 61, paragraph 1 of the Consumer Code.
Delivery of what is ordered is intended to be at street level except:
different communication from the customer service department of ENRICO MANDELLI SPA;
What is provided in the product data sheet, found on the Site;
The explicit purchase of floor delivery, where provided and applicable.
Upon delivery of the goods by the courier, the Customer is required to check:
That the number of packages being delivered corresponds to what is indicated in the transport document anticipated by e-mail;
that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials (adhesive tape or metal strapping).
Any damage to the packaging and/or product, or the mismatch in the number of packages or indications, must be immediately contested, by sending appropriate communication to ENRICO MANDELLI SPA and affixing the words "WRITTEN CONTROL RESERVE"(specifying the reason for the reserve, e.g. "punctured packaging", "crushed packaging", etc.) on the courier's proof of delivery. Once the courier's document has been signed, the Customer may not object to any dispute about the external characteristics of what has been delivered.
In case of return of the product by the Customer, all charges and costs, if any, shall be the sole responsibility of the Customer.
In case of failure to collect within 3 (three) working days of the material in stock at the warehouses of the courier due to repeated inability to deliver to the address indicated by the Customer at the time of the order, what was ordered will be returned to the warehouses of ENRICO MANDELLI SPA and the costs related to the costs of storage and return to the warehouse will be borne by the Customer, without prejudice to the return of the price of the purchased goods, where applicable.
ENRICO MANDELLI SPA will not be held responsible for any delays in delivery attributable solely to the courier, as well as in no way can be attributed to ENRICO MANDELLI SPA any damage caused by the courier for delayed or non-delivery, the contract being understood to be perfected with the sending of the Order Confirmation. However, ENRICO MANDELLI SPA undertakes to collect any reports of non-delivery or delayed delivery of products and to assist the Customer in protecting its rights as per law.
Right of withdrawal
Pursuant to the Consumer Code if the Customer is a Consumer, he/she has the right to withdraw from the purchase contract and from these Terms of Sale for any reason whatsoever, without the need to provide any explanation and without any penalty, subject to the following points.
The Customer has the right to withdraw from the contract within 14 (fourteen) days. The period for exercising the right of withdrawal expires after 14 (fourteen) 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.
To exercise the right of withdrawal, the Customer is required to inform ENRICO MANDELLI SPA, using the contacts in Article 14 below, of its decision to withdraw from these Conditions of Sale by means of an explicit statement (e.g. letter sent by mail, by registered A/R, fax or e-mail).
To comply with the withdrawal period, it is sufficient for the Customer to send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period as stated above.
If the Customer withdraws from this contract within the term indicated above, ENRICO MANDELLI SPA will reimburse the Customer the price of the products that the latter has purchased through the Site and which are the subject of the withdrawal, without undue delay and in any case within 3 days from the day on which ENRICO MANDELLI SPA has received information of the Customer's decision to withdraw from this contract. Said refund will be made using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, ENRICO MANDELLI SPA guarantees that the Customer will not incur any costs as a consequence of said refund.
The Customer acknowledges and expressly agrees that ENRICO MANDELLI SPA shall have the right to suspend the aforementioned refund until receipt of the goods or until the Customer demonstrates that it has returned the goods, whichever is earlier.
The Customer shall return the goods or deliver them to ENRICO MANDELLI SPA without undue delay and in any case within 14 (fourteen) days from the day on which he communicated to ENRICO MANDELLI SPA his intention to withdraw from this contract.
The merchandise must be returned undamaged, complete with all its parts and with its original packaging (envelopes and packages), kept and, if necessary, used according to normal diligence, without any signs of wear or soiling, in compliance with the conditions of the following points 8.9 and 8.10. As provided in ' 57, paragraph 2 of the Consumer Code, the Customer will be responsible for the decrease in the value of the goods resulting from handling the same other than what is necessary to establish the nature, characteristics and functioning of the goods.
However, the right of withdrawal is subject to the following conditions:
the right applies to the product purchased through the Site in its entirety and it is not possible to exercise withdrawal only on part of the product purchased;
In accordance with the law, shipping costs related to the return of the goods shall be borne by the Customer;
shipment, until the certificate of receipt in the ENRICO MANDELLI SPA warehouse, is under the complete responsibility of the Customer;
in case of damage to the goods during transport, ENRICO MANDELLI SPA will notify the Customer of the incident (within 5 (five) working days of receipt of the damaged goods in their warehouses), to enable him to file a timely complaint against the courier of his choice and obtain reimbursement of the value of the asset (if insured) by the courier; in this case, the product will be made available to the Customer for its return, simultaneously canceling the request for withdrawal;
ENRICO MANDELLI SPA is not liable in any way for damage or theft/loss of goods returned by uninsured shipments.
Subject to the provisions of this contract and In Art. 57, paragraph 2 of the Consumer Code, ENRICO MANDELLI SPA will refund the customer the full amount already paid through the procedure of reversal of the amount charged to the Credit Card or by Bank Transfer. In the latter case, it will be the responsibility of the customer to promptly provide the bank details with IBAN code on which to obtain the refund (Current Account of the invoice holder).
Exceptions to the right of withdrawal
Pursuant to Article 59 of the Consumer Code, the right of withdrawal under Articles 52 to 58 for distance and off-premises contracts of the Consumer Code is excluded with respect to:
service contracts after full performance of the service if performance has begun with the consumer's express agreement and acceptance of the loss of the right of withdrawal following full performance of the contract by the trader;
The provision of goods or services whose price is linked to fluctuations in the financial market that the trader cannot control and that may occur during the withdrawal period;
The supply of custom-made or clearly customized goods;
The supply of goods that are likely to deteriorate or expire rapidly;
The provision of sealed goods that are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery;
The supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract, the delivery of which can be made only after thirty days and the actual value of which depends on fluctuations in the market that cannot be controlled by the trader;
contracts in which the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repair or maintenance work. If, in connection with such a visit, the trader provides services in addition to those specifically requested by the consumer or goods other than spare parts needed to perform maintenance or repairs, the right of withdrawal applies to those additional services or goods;
The provision of sealed audio or video recordings or sealed computer software that have been opened after delivery;
The supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
Contracts concluded at a public auction;
the provision of housing for non-residential purposes, transportation of goods, car rental services, catering services, or services concerning leisure activities if the contract stipulates a specific date or period of performance;
the supply of digital content by means of a non-material medium if performance has begun with the consumer's express agreement and his acceptance that he would then lose his right of withdrawal.
All products sold by ENRICO MANDELLI SPA through the Site are covered, if applicable, by the conventional manufacturer's warranty and the 24 (twenty-four) month warranty for conformity defects, pursuant to the Consumer Code. To take advantage of warranty service, the Customer must keep the invoice and/or receipt that he or she will receive via e-mail in electronic PDF format.
The manufacturer's conventional warranty, if applicable, is provided as outlined in the documentation inside the product package. If, following intervention by ENRICO MANDELLI SPA, the defect turns out not to be covered by the manufacturer's conventional warranty, the Customer will be charged for any costs of verification and restoration, as well as transportation costs, if incurred by ENRICO MANDELLI SPA.
Articles 128 to 132 of the Consumer Code apply to the 24 (twenty-four) month conformity warranty. This warranty applies to the product that has a lack of conformity to the contract and thus in the case of a manufacturing defect or original design defect, provided that the product itself is used correctly, in accordance with its intended use and with the provisions of any accompanying technical documentation. By way of example, but not limited to, the conformity warranty does not apply in case of modification made on the product, in case of normal wear and tear of the product, in case of inappropriate use of the product, in case of non-compliance with the maintenance rules of the product, and in case of damage caused by transportation or storage of the product.
This guarantee is reserved for the Consumer. In the event of a lack of conformity, ENRICO MANDELLI SPA provides, without cost to the Customer, the restoration of the conformity of the product by repair/replacement or reduction of the price, until the termination of the contract. If, following intervention by ENRICO MANDELLI SPA, the defect does not turn out to be a conformity defect in accordance with the Consumer Code, the Customer will be charged any costs of verification and restoration, as well as the costs of transport if incurred by ENRICO MANDELLI SPA.
The timing of replacement or possible repair of the product depends solely on the manufacturer's policies.
In the event that, for any reason, it is unable to return to its customer a product under warranty (restored or replaced), ENRICO MANDELLI SPA may proceed at its own discretion to refund the amount paid taking into account the use of the good or to replace it with a product of equal or superior characteristics.
The timing of repair or eventual replacement of the product depends solely on the manufacturer's policies and no damages can be claimed from ENRICO MANDELLI SPA for any delays in making repairs or replacements.
In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and ancillary equipment) to limit damage to the original package, it is recommended to insert it in a second box; it should be avoided in all cases the affixing of labels or adhesive tapes directly on the original packaging of the product.
The Customer will be provided with a Product Return Authorization Number (ARP) which must be indicated on the outside of the packaging, following the directions provided directly in the relevant authorization email.
Force majeure, catastrophic events and fortuitous event
ENRICO MANDELLI SPA shall not be held liable to Customer for any delays or failures to perform its obligations in the event that delays or failures result from Force Majeure Events (as defined below), provided that the latter:
promptly notifies the other party in writing without delay, where possible, of the cause of the delay or default and indicates the likely duration of the delay or the extent and type of such default; and
do what is reasonably necessary to limit the adverse effects of such delay or default on the other party.
By way of example and without any limiting intent, for the purposes and effect of these Conditions, the following shall be considered Force Majeure Events: Lockouts, strikes, absolute lack of means of transportation, war, riots or other military actions, floods, fires, lightning, explosions, accidents, power outages, computer attacks, unlawful data theft and interruptions malfunctioning or overloading of telephone or telematic lines or any other event beyond the reasonable sphere of control of ENRICO MANDELLI SPA and which prevents the full and proper performance of the obligations under the contract on that party.
Intellectual and industrial property rights
ENRICO MANDELLI SPA informs you that the Site, as well as all trademarks and distinctive signs used by ENRICO MANDELLI SPA in connection with the sale of products, is protected by applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication alteration or transformation is prohibited, in any form and for any purpose they occur, of the contents of the Site, trademarks and distinctive signs used by ENRICO MANDELLI SPA (such as, by way of example, the works, images, photographs, drawings, dialogues, presentations, music sounds, videos, graphics, colors, features and design of the Site).
ENRICO MANDELLI SPA assumes no responsibility for the trademarks and other distinctive signs that appear on the products it markets on the Site, with respect to which the Customer acquires no rights as a result of the conclusion of the contract.
The personal data requested when placing the order are collected and processed in order to satisfy the Customer's express requests and will not under any circumstances and for any reason be passed on to third parties. ENRICO MANDELLI SPA guarantees its customers compliance with the regulations on the processing of personal data, governed by EU Regulation 2016/679 and Legislative Decree. n. 196 of June 30, 2003, as amended by Legislative Decree. n. 101 of August 10, 2018.
The data controller is: ENRICO MANDELLI SPA P. VAT and CF 03227490137 with headquarters in Merate (Lecco), Via Mascagni 2.
Information and Complaints
Any complaints should be addressed to ENRICO MANDELLI SPA at the following contacts: ENRICO MANDELLI SPA, Via Mascagni 2 - 23807 Merate (Lecco) Italy, T . +39 039 999991 - E-mail: firstname.lastname@example.org
The contract and the Conditions of Sale between the Customer and ENRICO MANDELLI SPA are understood to be concluded in Italy and governed by Italian Law. For the resolution of any dispute arising from the conclusion of this distance sales contract, if the Customer is a Consumer, the territorial jurisdiction is that of the court of reference of his or her municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, with the exclusion of competing or alternative forums.