TERMS AND CONDITIONS OF SALE

Subject

1.1 The present Terms and Conditions regulate the remote internet purchase by customers of goods/services from the website www.damianomarini.it

2.1 The products are sold directly by MCSTYLE SRL, with head offices in Italy, Via borgo velino, 10 – 00179 – Rome, VAT code 11032011006. (from now on MCSTYLE Srl or Vendor).  For any information request, please contact the eCommerce Department of Damiano Marini luxury footwear:

– via e-mail, at the following e-mail address: info@damianomarini.it

– via mail, at the following address: ECommerce Office, MCSTYLE srl, Via borgo velino, 10 – 00179 – Rome-Italy.

2.2 These Conditions of Sale govern the offer, transmission and acceptance of purchase orders relating to products on www.damianomarini.it and do not regulate, however, the supply of services or sale of products by subjects other than the Seller that are on www.damianomarini.it through links, banners or other hypertext links. As the Seller is not responsible for the provision of services by third parties, other than the Seller itself, we suggest checking the terms of sale of any other party before sending orders and/or purchasing products and services.

2.3 The products are sold to the Customer identified by the data entered when completing and submitting the electronic order form with simultaneous acceptance of these Terms and Conditions of Sale.

2.4 The products offered on the website www.damianomarini.it are for adult customers. Customers under the age of 18 must first have the consent of one parent or legal guardian to be able to purchase on www.damianomarini.it. Please note: this is always true, not only for our website, but for all sites on the Internet. When browsing the Internet, if you see or are asked for information that you do not understand or which are not clear, always ask your parents for help. Therefore, placing an order on this website automatically warrants that you are of legal age (18 years) and have the legal capacity to enter into binding contracts.

2.5 The Customer is forbidden to enter false names, in the on-line order procedure and in further communications. The Seller reserves the right to prosecute any violation or abuse, in the interest and for the protection of all consumers.

2.6 By agreeing to these Terms and Conditions of Sale, the customer relieves the Seller from any liability arising from the issue of incorrect tax documents due to errors related to the data provided by you upon placing the on-line order, as being yourself the Customer, you are solely responsible for their correct insertion.

Sale via e-commerce service

3.1 The term online sales contract refers to a distance contract concerning the sale of goods (hereinafter Products) concluded between you, as Customer, and MCSTYLE Srl, as Seller, as part of an e-commerce service organized by the Seller, employing the remote communication technology called Internet.

3.2 To complete the purchase contract of one or more Products, the customer is required to fill out the electronic order form (hereinafter Order) and to transmit it to the Seller through the Internet, following the pertaining instructions.

3.3 The Order contains:

– A reference to these Terms and Conditions of Sale;

– Information and images of each Product and its price;

– The payment methods which can be used;

– The shipping and delivery modes for the purchased products, together with their costs;

– A reference to the conditions for exercising the right of withdrawal by the Customer;

– The modes and times for returning the purchased products.

3.4 MCSTYLE Srl has taken measures to ensure that the photographs displayed on the Site are faithful reproductions of the original products, including the employment of every possible technological solution to minimize inaccuracies. However, Saddler’s Union warns that some variations might be possible due to the colour resolution specifications and features of the computer used by the customer. As a consequence, the Seller shall not be held responsible for the eventual inadequacy of the graphic representations of the products shown on the Site due to the above mentioned technical reasons, since such representations shall be construed as having merely illustrative purposes.
The products sold by MCSTYLE Srl are exclusively hand-made. As such, they might have small imperfections, which embody and characterise the recognizability of “hand-made” products as unique.

3.5 Before completing the contract, the customer is asked to confirm having read the Terms and Conditions of Sale, including the Information on the right of withdrawal, and on the processing of personal data.

3.6 The contract is completed once the Seller receives the Order form completed by the Customer through the Internet, after verifying the correctness of the data relating to the order.

3.7 The language available to complete the contract with the Seller is Italian or English, and the applicable law is exclusively Italian.

3.8 After the contract has been completed, the Vendor will process the customer’s order and shall arrange for its  timely fulfilment.

Order Fulfilment

4.1 Through the order transmission via Internet, the customer unconditionally accepts these Terms and Conditions of Sale, and agrees, therefore, to observe them.

4.2 Once the contract has been completed, the Seller will send the Customer, by e-mail, the Order Confirmation, which contains a summary of the information already contained in the Order, described by paragraphs 3.3, 3.4, and 3.5.

4.3 The Seller reserves the right to contact the customer via e-mail or by phone, enquiring additional information in reference to the Order sent via Internet, before submitting the Order Confirmation.

4.4 The Seller may not process purchase orders that do not give sufficient guarantees of solvency or which are incomplete or incorrect, or in case of unavailability of products.  In these cases we will inform you by e-mail that the contract has not been finalised and that the Seller has not completed your purchase order, specifying the reasons. In such a case, the Seller shall refund the amount you have already paid on the same payment platform used by the Customer.

4.5 If the products featured on the website are no longer available for sale after having submitted an order form, the Seller shall promptly notify you of the unavailability of the products you ordered, or in any case will do so within thirty (30) days starting from the day after you sent in your order.  In such a case, the Seller shall refund the amount you have already paid on the same payment platform used by the Customer.

4.6 The Seller agrees to deliver the goods ordered by the Customer within the times describes in the link Time of Delivery from the agreement of the contract.

4.7 Each sale made by the Seller through the online shopping service may refer to one or more items, with no limits as regards the quantity for each item.

4.8 MCSTYLE srl reserves the right to refuse orders from Customers with whom a legal action is pending due to a former order. This applies to all cases where MCSTYLE srl deems the Customer unsuitable, such as, for instance, in case of previous violations of the terms and conditions of sale for the online website, or for any other legitimate violation, including and most importantly, in cases where the client has been involved in fraudulent activities of any kind.

Sales Prices

5.1 Unless otherwise stated, all prices of the Products and the shipping and delivery costs on the website and in the Order are to be intended VAT included, and displayed in Euro. The validity of the shown prices is always exclusively that which is displayed on the website at the moment when the Order is sent through the Internet. The prices of the Products and the shipping and delivery costs can vary without prior notice. Check the final sale price before sending your Order form.

5.2 All products are sent directly from Italy. The prices of the Products and the shipping and delivery costs stated on the website and in the Order form, unless otherwise indicated, are not inclusive of any amount due to custom duties or other taxes, which cannot be calculated in advance, should the shipment be to extra-EU countries, where the current legislation provides for import duties. In case such additional costs as above do apply, they will be promptly mentioned by the Courier to Customer upon the delivery of the Goods.

5.3 These costs should therefore be paid by the Customer, upon the delivery of the Products, according to the instructions specified when Confirming the Order.

Payment Methods

The Products and Shipping costs can be paid through one of the payment methods stated in the order form of www.damianomarini.it, summarized below.

6.1 Credit/Debit and Prepaid Cards.

6.1.1 We accept payments through Credit/Debit Cards and Prepaid Cards (such as, PostePay), with no additional costs to either the product or the shipping service. This is on the understanding that you are the card holder and that the card is valid upon placing the order of the Products, and that the name on the card is the same on the invoice/billing information you provide. Without such requirements, the order cannot be completed.

6.1.2 If, once you have received your order, you intend to exercise your Right of Withdrawal for any reason, after the purchased products have been paid for, the Seller will inform the bank establishment to credit the amount back to your card.

6.2 Throughout the purchase process, MCSTYLE srl never receives any information related to your card (i.e. Card number or expiration date), which are transmitted through an encrypted protected connection directly to the website of the organization which handles the electronic payment (Paypal). Such data will not be held by any computer archive of the Seller.

6.3 The Seller can in no case be held responsible for the fraudulent and illicit use of credit or prepaid cards by third parties.

Shipping and Delivery

7.1 Each shipment contains:

– the purchased product/s;

– the pertaining transport document or accompanying invoice;

– any eventual accompany invoice requested by the Country of consignment

– any eventual information/marketing material.

7.2 The delivery of the Products purchased through the web site of the Seller can be carried out through several modes.

7.3 Home Delivery to the Client

7.3.1 The purchased products will be delivered by the courier chosen by the Seller to the shipping address specified by the Customer on the Order. Check the Shipping section for further information on timings, additional costs, shipping modes, and served Countries.

7.3.2 Upon receiving the goods, please check the integrity of the items in the package. Should any anomalies arise, please ask the courier to note down exactly what they are, and refuse the delivery. Otherwise, you forfeit any right pertaining the conformity of the goods.

TERMS AND CONDITIONS FOR RETURNING PURCHASED PRODUCTS

Disclaimer

8.1 The right to withdraw from the contract is only available if the Customer who agrees to it is a Consumer (meaning any physical person acting on the site for purposes unrelated to any business or professional activity), without penalties and with no need to specify the reason. The use of such right must be communicated to the Seller within fourteen (14) days from the day on which the Customer or a third party, designated by the Customer and different from the Carrier, acquires physical possession of the goods. The term is considered to have been complied with if the Customer sends the goods back before the expiry of the 14-day period. Note that, as provided for by the current legislation, the right of withdrawal is excluded and cannot therefore be exercised in case the purchased products have been customized on your explicit request when placing the Order.

8.2 The right of withdrawal is subject to the following conditions:

– The Returned Products must be returned in their entirety and not merely by parts or components, even in the case of kits;

– The Returned Products cannot have been used, worn, washed or damaged;

– The Returned Products must be returned in their original packaging;

– The Returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products of the same Order returned with different shipments;

– The Returned Products must be delivered to the carrier within fourteen (14) days since the day of receipt of the product itself;

–  The right of withdrawal can only be exercised returning all the Products of the order, no partial return can therefore be employed.

8.3 If the right of withdrawal is exercised complying with all the previous conditions (paragraph 8.2), the Seller is required to refund the amount paid by the Client within 14 days, starting from the day when the exercise of the right to return the purchased products is communicated, on condition that the Seller has already received the returned products or you can provide proof that the goods have already been shipped. The refund of the paid amount will be made by the Seller to the same payment method used for the initial transaction, unless the Customer specifically requires for another mean of refund and the Seller agrees. By way of example only, the refund methods which can be used are the following: credit on the credit or prepaid card used for the transaction, PayPal account, bank wire, etc.

8.4 The shipping for returning the purchased products and any eventual loss or theft is at the expense of the Customer.

8.5 To organize the return of the product (free for shipments in Italy), contact the customer service within 14 days from delivery.

8.6 In case the right to return the purchased products is exercised not complying with the above-mentioned modes (i.e. Beyond the 14 days provided for by law, or without having completed the Return form online, etc.), the Seller will send back the purchased Products, charging the Customer the shipping and delivery cost.

8.7 The right to return purchased products cannot be applied in case the item has been customized upon explicit request of the Customer when making the Order.