GENERAL TERMS AND CONDITIONS OF SALE
Access to and use of this Website and the products and services available through this Website (collectively the “Services”) are subject to the following terms, conditions and notices. By using this site MASEL.ME (hereinafter also referred to as only “Masel”), users’ agree to these Terms and Conditions, and for this reason Masel invites all Customers to read them beforehand. By using the website and the relative services , you are agreeing to all of the These Terms and Conditions that may at any time and without prior notice to the Customer be updated and / or amended by Masel, changes and updates will be uploaded on the website as soon adopted and will be binding upon their publication in this section in which Customers are invited to access regularly to check the publication of the most recent and updated General Terms and Conditions of the Online Store. In the event that the Customer does not agree, in whole or in part, with these Terms, please refrain from accessing and from using the website the relative services .Masel will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, Masel may restrict access to some parts or all of this Website; In that case for further information on the products and the operation of the site, users can send an email to firstname.lastname@example.org.
1.1 Definitions and Prohibitions
The terms and expressions listed hereunder shall have the meanings set out below, it being understood that the terms defined in the singular shall be understood as defined in the plural and vice versa.
– Customer: means any person (individual or legal entity) that purchases one or more Products from the Online Store, accepting the General Terms and Conditions.
– Company: means the Italian limited liability company Masel with registered office in Via Broletto 37 20121 Milan – Italy (IVA: 086206800966).
– Parties: means together Masel and the Customers.
– General Terms and Conditions: mean the present General Terms and Conditions of sale and any new versions that may be published in the future in the Online Store by Masel without prior notice to the Customers.
– Online Store: means the virtual store, managed and accessible at the URL MASEL.ME, through which it is possible to buy the products.
– Purchase and Sale Agreements: means the purchase and sale agreements for the products, pursuant to art. 3, between Masel and the Customers through the Online Store.
– Orders: means the purchase orders for the products sent by the Customers, in compliance with the General Terms and Conditions and following the procedure pursuant to art.6.
– Order Confirmation: means the e-mail message through which the order acceptance is notified to the Customers.
– Price: means the sale price of the Products as indicated in the Online Store in correspondence to the Products themselves.
– Products: means the products published in the Online Store for sales purposes.
Profile: means the area of the Online Store in which Customers can, subsequent to register and logging in: (i) view and modify their personal data and the addresses where the Products subject of the Orders are to be shipped and delivered; (ii) view Orders status; (iii) view past Orders; (iv) access every other specific function relevant to their activity within the Online Store
Users must not misuse this Website. Without limiting the breadth of the foregoing, users will not: commit, facilitate or encourage a criminal offence; transmit or distribute a virus, or post any other material which is malicious, technologically harmful, or in breach of confidence or in any way offensive obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of Masel. Users shall not directly or indirectly take any action to unduly stress the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that we reasonably determine to be abusive, launching or facilitating any denial of service attack on the Website, using any scraper or other automated mechanism to access the Website or download content. Masel reserve the right to monitor your use of the Website to provide guidance and assistance in the use of the Website, and to monitor your conformance with these Terms and condition . Costumers acknowledge and hereby consent to such monitoring. Breaching this provision may constitute a criminal offence under the Computer Misuse Act 1990 or other relevant legislation. Masel will report any such breach to the relevant law enforcement authorities and may disclose your identity to them. Masel will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect users computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
2.1 The General Terms and Conditions regulate all Purchase and Sale Agreements and form an integral part of the same.
2.2 Masel reserves the right, without prior notice to the Customers, to amend the present General Terms and Conditions, at any time, without prejudice that those published at the time of Order by the Customer shall be applicable to the Purchase and Sale Agreements.
3.1 By placing an order costumers are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
3.2 Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to the Italian and subject to any delays resulting from postal delays or force majeure for which Masel will not be responsible.
3.3 In order to contract with Masel you must be eighteen years of age or over and possess a valid credit or debit card issued by a bank acceptable by Masel.
3.4 Masel retains the right to refuse any request made by consumer. If order is accepted MAsel will inform you by email and we will confirm the identity of the party which you have contracted with (MASEL SRL) .
3.5 When placing an order costumers undertake that all details provide to Masel are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
3.6 The cost of foreign products and services may fluctuate.
3.7 All prices advertised are subject to such changes.
When users place an order, will receive an acknowledgement e-mail confirming receipt of the order: this email will only be an acknowledgement and will not constitute acceptance of the order. A contract between Masel will not be formed until Masel send the confirmation by e-mail that the goods which has been ordered have been dispatched to costumers. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Masel undertakes to send the Order Confirmation to the Customers within two business days from receipt of the Order from the Customer. By submitting the Order the Customers declare to have read all of the instructions relevant to the methods of purchase for the Products pursuant to art. 6 and to have integrally accepted the General Terms and Conditions as well as having read all of the further information contained in the Online Store, including through links.
The Orders shall be saved in the database of the Online Store, according to the methods and in compliance with the provisions pursuant to Italian Legislative Decree 196 (Data Protection) of 30/06/2003 and shall be accessible by contacting the references pursuant to art. 18 or by accessing the Profile.
4.1 The type of Products published in the Online Shop and their availability may vary at any time without incurring any liability towards the Customers.
4.2 The indication relevant to the availability of the Products is not binding. In the event of sudden unavailability of a Product that was indicated as available at the time of Order by a Customer, Masel, undertakes to inform such Customer via e-mail regarding the approximate time period foreseen for a new availability of the Product/Products subject of the Order forwarded by the Customer. Masel reserves the right to not disclose the availability of a Product or of some Products published on the Online Store.
4.3 The Customer can withdraw the Order within 48 hours of receiving such notification from Masel (without prejudice to the withdrawal right pursuant to art. 9) by sending an e-mail message to the address specified in art. 16. In this case, Masel undertakes to reimburse the price within the least time possible.
4.4 Products are customisable, this means that Products’ features and details can be modified/adapted/customised according to the specific Customers’ requests through the steps explained in art. 6 “Order forwarding method”.
4.5 Whilst Masel try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If Masel discover an error in the price of any goods which costumers have ordered will inform about this as soon as possible and give the option of reconfirming the order at t he correct price or cancelling it. If Masel will be unable to contact the costumer will treat the order as cancelled. In that case, if already paid the goods,Masel will refund the full amount.
4.6 The price is expressed in € (Euro). The Price applicable is that which is published in the Online Store at the time that the Order is placed by the Customer. Where applicable, prices are inclusive of VAT (provided for by law) at the rate appropriate to the country of receipt within the European Union. VAT is not included in the prices for customers outside of the EU.
5.1 The Price does not include shipping costs will be charged in addition. Masel reserves the right to request a contribution from Customers to cover the shipping costs that may vary according to the type of delivery, quantity of Products to be delivered, their volume, weight and destination. The contribution requested for shipping costs is indicated, separately from the Price, before completing the Order and shall be paid by the Customer together and at the same time of the payment of the Price pursuant to the methods in art. 7.
5.2 Any fees, taxes, duties and other charges provided by the laws of the State where the products are shipped and delivered will be entirely borne by the Customers and those paid at the time of delivery of the Products, directly to the tax authorities or customs authorities or to the courier in charge of delivery.
5.3 The time frame expected for the shipping of the customised Product is between 15 and 30 working days. While committing to do everything in its power to respect such time frame, the same is to be understood as merely indicative and is not binding for Masel.
6.1 In order to proceed with placing the Orders, Customers are required to register in the Online Store by inputting all “mandatory” data and by selecting a password in order to send the Orders and to access, even at a later time, their personal Profile.
6.2 The Customers may purchase the Products by selecting the same in the section of the Online Shop dedicated to the desired Product category, choosing the desired features from the options provided and putting them in the “cart”. Should the Customers intend to purchase more than one Product, the same procedure indicated above must be repeated by clicking on “add other products”. Once the Products have been selected, the Customers must, if they have not already, complete the registration pursuant to art. 6.1, or if already registered, must sign in using their e-mail and password in the spaces provided and click on “checkout”. Once the correctness of the data relevant to the Product/Products chosen and the “shipping information” have been verified, the Customers must choose the payment method pursuant to art. 7. Once the payment method has been chosen, the Customers can send the Orders.
7.1 Upon receiving the order MAsel carry out a standard pre-authorization check on the payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. The credit card will be debited once the order has been accepte. Customers can make the payment of the Price and the contribution for shipping costs pursuant to art. 5, by Paypal account, Credit Cards or other methods of payment accepted by the Online Store. Masel reserves the right to vary, at any time, the methods of payment available to the Customers, without prejudice to the fact that the methods of payment published in the Online Store at the time of the Order shall be accepted.
7.2 For payment by credit card, the charge to Customers of the Price and contribution for shipping costs pursuant to art. 5 occurs, upon verification of the credit card information and having received authorisation from the issuing company of the credit card used by the Customers, simultaneous the sending by of the Order Confirmation. Credit card information sent during the execution of the Orders are protected and sent directly to the banking company handling the payments. The payment is made directly on a secure server with an SSL encryption key so as to guarantee the absolute security of the transaction. Credit card information is not accessible on behalf of or in any case by third parties, neither at time of sending the Orders nor subsequently.
7.3 For payment by PayPal, when the Orders are sent by the Customers, the Web session shall be transferred to the PayPal secure website. On this website, Customers can complete the payment of the Price and the contribution for the cost of shipping pursuant to art. 5 using their PayPal account and in compliance to the PayPal service conditions of use signed previously or at the time of the Order by the Customer. The charging of the Price and the contribution for shipping costs pursuant to art. 5 to the Customers’ PayPal account occurs simultaneous to the forwarding of the Order Confirmation.
7.4 Should the Customer request, at the time of the Order, an invoice shall be sent to the same via e-mail or regular mail. For invoice issuing purposes, the information supplied by the Customer shall be deemed valid. It shall not be possible to amend the invoice subsequent to the same being issued by Masel.
7.5 The information received pursuant to and in compliance with the present article 7, shall be used exclusively to complete the procedures relevant to the sale of the Products and the refund procedures in the event that the withdrawal right pursuant to art. 9 is exercised on behalf of the Customer.
8.1 Whereas, the “shipping” of the Products by Masel is understood as the delivery of the same to couriers selected from time to time pursuant to art.
8.2, is not held to ship the Products until the same has not received the payment of the Price; once the payment of the Price has been received, undertakes to ship the Products within 3 business days from the time that the same are available at the Masel warehouse. 8.2 Masel guarantees the shipping of the Products, within the States specified in the Online Store, by express courier selected from time to time according to the Product ordered and the destination. The Products are shipped by Masel and delivered by the courier chosen by Masel, to the address specified by the Customer at the time of registration pursuant to art. 6, or other address specified at the time the Order is sent.
8.3 Masel undertakes to do everything in its power so that the Products shipped pursuant to arts. 8.1 and 8.2 are delivered by the chosen courier:
– in Italy within 48 hours from the shipping date; – outside Italy within 15 days from the shipping date.
8.4 The delivery Conditions pursuant to art. 8.3 cannot, in any case, be considered binding and, Masel not being able to directly control the delivery of Products subsequent to the same being shipped, cannot be in any way held liable for the breach of the same.
8.5 In order to allow Customers to track the status of the Orders, Masel will send by e-mail, if applicable, an Order number that allows the verification of all information relevant to the Orders. Masel will inform the Costumer about the currier chosen for the single shipping.
8.6 The Customers can also verify the status of the Orders thanks to the online function “Order Tracking” supplied by the courier chosen for the delivery. Customers can verify the delivery status only after the Products have been shipped and by using the tracking data notified via e-mail or by accessing their profiles.
8.7 Customers, or other parties appointed by the Customers to receive the delivery of the Products listed in the Order Confirmation, are responsible for the verification, at the time of delivery, that: (i) the Products correspond to that which is listed on the courier way bill, both for type and number; (ii) the packaging/parcels of the Products are intact, not damaged, wet or in any case altered, including seals.
8.8 Any damage to the packaging/parcels of the Products must be immediately claimed by the Customers in two days after delivery when accepting the same by writing subject to verification on the courier delivery slip. It is understood that once the slip is signed without any claim, the Customer cannot raise any objection in relation to the appearance of what was delivered.
8.9 The Products may be delivered by couriers only to the Customers or persons authorised by them, the person to which the Products are delivered must sign in order to certify delivery and intact of products . Couriers do not deliver to P.O. boxes or by inserting the Products in mailboxes or other similar places.
9.1 Should the Customers be “consumers” (an individual that acts for purposes outside of the entrepreneurial, commercial, artisan or professional activity carried out), the Customers reserve the right, pursuant to and in compliance with art. 64 of Italian Legislative Decree 206/2005, to withdraw from the Purchase and Sale Agreements within 30 days from the date in which the Products subject to the Purchase and Sale Agreements are received. The withdrawal right must be exercised by the Customers by sending a written notification, via e-mail to the address pursuant to art. 16, containing: (i) the demonstration of the intent to use the withdrawal right; (ii) the indication of the Order that produced the Purchase and Sale Agreement from which they intend to withdraw.
9.2 In the event that the withdrawal pursuant to the present art. 9 is exercised by the Customer: (i) the Customers undertake to return the Products within 14 business days from the date of notification of the withdrawal pursuant to art.9.1; (ii) all costs relevant to the return of the Products are entirely to the charge of the Customers; (iii) Masel undertakes to refund the Price as soon as possible and in any case within 30 days from the date on which the withdrawal notification is received pursuant to art. 9.1, provided that: – the Products have been returned and are intact as they were sent; - the original packaging/parcels of the Products and the Products themselves are returned intact; - any accessories, instruction manuals, etc. are returned and are intact; - the Products have not been used; (iv) Masel shall notify the Customers of the Price refund methods and for such purpose, can request the Customers’ banking data (IBAN and owner of the current account). Shipping costs will be retained. Shipping costs of special requests can not be refunded. The timing of withdrawals and crediting the credit card depend on the Bank and the circuit of the credit card with which the payment was made.
9.3 In the event that the Customers exercise the withdrawal right in a manner that is not in compliance with the conditions of the present article 9, the same shall not have the right to a refund of the Price.
9.4 According to the European Distance Selling Directive and as translated into law by countries part of the European Union (decreto legislativo 22/5/99 n. 185) the right of withdrawal is excluded in respect of contracts for the supply of goods made to the consumer’s specifications or clearly personalized (please refer to Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, 1997 O.J. (L 144) 19 (as amended by Directives 2002/65/EC, 2005/29/EC and 2007/64/EC), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:1997L0007:20071225:EN:PDF)
9.5 The address for the return is: Masel srl – Via Broletto 37, 20121, Milano, Italy
10.1 Should the Products have a warranty from the manufacturer of the same (commercial/conventional warranty), any Product defects must be claimed by Customers directly to the Product manufacturer pursuant to the methods and conditions specified in the warranty itself immediately communicate to MAsel .
10.2 “Consumer” Customers (as defined in art. 9.1) can request from the seller, within the terms pursuant to art. 132 of Italian Legislative Decree 206/05 (Italian Consumer Code), the solutions pursuant to the mentioned Italian Consumer Code for the lack of conformity of the Products at the time of delivery.
Masel declares and guarantees that Customer personal data shall be processed in compliance with the provisions pursuant to Italian Legislative Decree 196/03 and subsequent amendments. The details relevant to the data processing methods are notified to the Client at the time of registration pursuant to art. 6.1 or 6.2.
12.1 Masel undertakes to constantly check the Online Store in order to avoid errors or inconsistencies. Nevertheless, it is possible that the Online Store contains, or can contain in the future, errors, inconsistencies or omissions.
12.2 Moreover, Masel reserves the right to correct errors, inconsistencies or omissions within the Online Store, including subsequent to the Order being sent and also reserves the right to change or update the information at any time without prior notice to the Customers.
13.1 The intellectual property rights in all software and content (including contents) made available to costumers on or through this Website remains the exclusive property of Masel or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Masel and its licensors. The Online Store and its contents cannot be reproduced, neither in full nor in part, transferred by electronic or conventional methods, amended, connected or used for any purpose without the prior consent of Masel. Users may store, print and display the content supplied solely for own personal use.
13.2 Is not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
13.3 Users shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Masel or its licensors.
13.4 No licence or consent is granted to users to use these marks in any way, and consumers agree not to use these marks or any marks which are colourably similar without the written permission of Masel. Any products can be sale without written authorization of MAsel and legalize with a contract.
The sale of products on MASEL.ME apply the rules applicable by the legislation on legal guarantee of conformity and commercial guarantees for consumer goods in accordance with national and Community legislation, including, in the case of purchases made by users who are Consumers (individuals who access and use this site for personal purposes, unrelated to business, professional or commercial activity) the Consumer Code (Legislative Decree 6 September 2005, n. 206).
If the ordered products on MASEL.ME were to be delivered abroad, the buyer may be subject to import duties and taxes, payable once the parcel reaches its destination. Any additional costs for customs clearance is borne by the buyer; Masel can not predict the amount of such costs over which he has no control. For information on customs policies of foreign countries, Masel invites the user to contact the local customs office.
16.1 The General Terms and Conditions and the Purchase and Sales Agreements are governed by Italian law (and in particular by Italian Legislative Decree 206 of 06/09/2005 – with articles 50 to 67 governing distance contracts – and by Italian Legislative Decree 70 of 09/04/ 2003 for e-commerce) and must be interpreted with reference to the same.
16.2 For any dispute that may arise in relation to the General Terms and Conditions and/or the Purchase and Sale Agreements, the competent court shall exclusively be that of Milan (Italy) Tribunale di Milano.
For further information and assistance relevant to the Online Store or Online Store purchase methods or the Purchase and sale Agreements, Customers can contact our Customer service by email to: email@example.com by means of a letter to the following address: Masel S.r.l. Via Broletto 37, 20121, Milano (MI), Italy.