1. Object
1.1 The general terms and conditions of sale published herein regulate the contract of sale (hereinafter, for brevity, the "Contract") to users of the Site (hereinafter, for brevity, "Customers" or "Customer"), by telematic means, of the goods (hereinafter, for brevity, "Goods") displayed on the Internet Site www. filippomarchesani.com (hereinafter, for brevity, "Site"), managed by MARCHESANI S.P.A. - with headquarter in Milano, Viale Andrea Doria, 5 - 20124, VAT No.: 02385000696 (hereinafter referred to as "Marchesani").
1.2 The General Terms and Conditions of Sale published on the Site must be read and understood by the Customer before making a purchase and by sending the purchase order the Customer declares to have read and accepted them.
1.3 Customers will also benefit from the protections provided for in case of conclusion of distance contracts pursuant to Title III, Section II, of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code"), as well as all other protections provided for, in favour of the Consumers, by the Consumer Code itself http://www.codicedelconsumo.it/.
2. Conclusion of the Contract
2.1 In order to proceed with the purchase of Goods, the Customer must send his purchase order and make payment, following the procedures indicated in the relevant sections.
2.2 In particular, the steps to proceed with the purchase are as follows:
a) the Customer may freely access the Site and view the essential characteristics of the displayed Goods, including the price, as well as the images published for the purpose of illustrating the Goods themselves;
b) the Customer may select one or more Goods to be purchased by placing them in a virtual "shopping cart". The contents of the shopping cart may be viewed by the Customer at any time prior to placing an order; furthermore, by accessing the shopping cart, the Customer will be able to obtain, prior to purchase and payment, all information relating to the purchase of Goods, including shipping costs and estimated delivery times;
c) in order to make a purchase, the Customer must register on the Site, providing his e-mail address and a password of his choice, which will allow him access to the Site;
d) as an alternative to registering on the Site, the Customer may purchase as a guest. In this case, the data required to complete the order shall be stored in the Marchesani database only for the period of time needed to process the order and the Customer shall be asked to enter the same data for each new order;
e) in order to complete the order, the Customer, in the "cart" section, shall also enter the shipping address and the data required for payment;
f) the Customer may modify the chosen Goods and the data entered until the final submission of the order, which must be done by selecting the "Payment" button.
2.3 Customer may pay by credit card or bank transfer. More detailed information regarding the payment methods are available here below.
2.4 Once the purchase order has been received, Marchesani will send to the Customer's e-mail address a receipt confirming the order containing a summary of the information relating to the purchase and will process the order itself. The order will be considered, in any case, accepted and, consequently, the Contract will be considered concluded when the Customer will receive, on his e-mail account, the order confirmation.
2.5 The Contract shall be filed in pdf format and shall be sent via the aforementioned email and filed electronically by Marchesani.
3. Rights and obligations of the Parties
3.1 Marchesani shall deliver the Goods to the address communicated by the Customer in the purchase order, via a specially appointed carrier. More detailed information on the times, costs and places of shipment are available below.
3.2 Marchesani accepts no liability for any errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the Customer or any damage that may occur to the Goods after delivery to the carrier as well as any delays in delivery due to the carrier itself or to weather conditions, international customs issues or other circumstances beyond Marchesani's control.
3.3 In the event that one or more Goods are not available, Marchesani shall notify the Customer by sending an email to the email address provided by the same at the time of registration on the Site. In this case, Marchesani shall reimburse the price to the customer, by crediting the payment card or the account of the Customer indicated for the purchase, and, if the purchase concerned only the unavailable item, the reimbursement will include also the shipping costs. If Customers agree, Marchesani may send a different item of equivalent value to the one ordered.
3.4 In the event that the designers decide to make changes during the production phase and/or not to produce one or more products, as well as in the event that there is a variation or the product on pre-order is not delivered by the designer, Marchesani shall contact the customer to request express approval and still proceed with shipment or cancel the order and make a refund.
3.5 In any case, the unavailability of one or more Goods ordered shall not constitute cause for cancellation of the entire order by the Customer.
3.6 Upon delivery of the Goods by the carrier responsible for their carriage, Customer shall verify in the presence of the carrier:
a) that the packaging used for transportation is intact, undamaged or altered, even only in the closing materials;
b) that the quantity and type of Goods ordered corresponds to what is indicated in the transport document and to what was ordered.
3.7 If Customer discovers any anomalies or discrepancies, it shall immediately notify the carrier at the time of delivery of the Goods.
3.8 The Customer is solely responsible for the truthfulness and correctness of the information and data provided to Marchesani and undertakes to promptly communicate any changes to the data previously communicated.
4. Conformity of the Goods
4.1 Marchesani undertakes to ensure that the description and/or photographic representation of Goods on the Website is as faithful as possible to the Goods themselves.
However, taking into account the fact that the quality of the images may depend on the computer tools used by the Customer, it is possible that the Customer's perception of the description or photographic representation of the Goods may not correspond exactly to the Goods themselves, and therefore the images and videos accompanying the presentation of the Goods shall be deemed to be published on the Site for descriptive purposes only.
4.2 In the event that the delivered Goods are found to be defective or different from those ordered, Marchesani undertakes to provide the Customer with a legal guarantee of conformity, to be exercised under the terms and conditions set out in Articles 128 et seq. of Legislative Decree No. 206/2005. In particular, the Customer will have the right to request, alternatively
a) the delivery of a Good identical to the one ordered, subject to stock availability, or
b) the delivery of a good of equivalent quality and price consistent with the availability of stock, or
c) reimbursement of the price of the Good and shipping costs.
4.3 The warranty provided for in this article shall apply only if Goods have been handled with due care and in accordance with their intended use, and upon presentation by the Customer of the delivery note received and indication of the order number.
4.4 In any event, the warranty set forth in this article shall not apply to defects arising from normal wear and tear of Goods.
5. Withdrawal
5.1 In accordance with the provisions of the Consumer Code, the Purchaser has the right to withdraw from the Contract, without the payment of penalties and without the need to specify the reasons, from receipt of the order confirmation sent by Marchesani and within fourteen working days from receipt of Goods.
5.2 If the Customer intends to exercise this right of withdrawal, it shall send Marchesani the appropriate communication within the aforementioned period of 14 working days from the date of delivery of Goods.
5.3 In the event of exercising the right of withdrawal, the Customer shall also be required to return the goods to Marchesani within and no later than two weeks of sending the aforementioned notice.
5.4 More detailed information on the procedure and instructions to be followed to exercise the right of withdrawal and the related costs are available in the paragraph "Returns and Refunds".
5.5 Essential condition for the exercise of the right of withdrawal will be the substantial integrity of the product to be returned. It is however sufficient that the Good is returned in a normal state of preservation, as kept and possibly handled with the use of normal diligence.
5.6 In particular, Goods must be returned
a) correctly packaged in their original packaging, in perfect state of resale (not ruined, damaged or soiled) and equipped with all possible accessories and documentation;
b) with the transport document (present in the original packaging), so that Marchesani can identify the Customer (Order number, name, surname and address);
c) without obvious signs of use, other than those compatible with normal testing of the item. That is, they will not have to bear any trace of a prolonged use (more than a few minutes) exceeding the time necessary for a test and they will not have to be in such a state as not to allow their resale.
5.7 The costs of returning the Goods will be borne by the Customer, as better specified in the paragraph "Return and Refunds".
5.8 Following the Customer's exercise of the right of withdrawal in accordance with these General Sales Terms and Conditions, Marchesani shall refund the Customer the sums paid by the same, by crediting the payment card or bank account indicated for the purchase. The refund will be made within 14 days from the date on which Marchesani learns of the exercise of the right of withdrawal by the Customer.
5.9 If the Customer fails to comply with the conditions set out in Articles 5.5 and 5.6, the Seller reserves the right to deduct from the refund of the sums paid by the Customer an amount corresponding to the decrease in value of the returned Goods, giving specific notice to the Customer.
Following such notice, the Customer has the right to re-obtain, at its own expense, the products in the state in which they were returned to the Seller.
5.10 Right of withdrawal, for example, the following items are certainly excluded from withdrawal:
- Items in the Intimate section (where indicated);
- Items in the Home & Beauty section (where indicated).
6. Protection of personal data
6.1 Marchesani undertakes to respect the confidentiality of personal data collected at the time of registration on the Site and/or those communicated at the time of purchase by the Customer and to treat them in accordance with the regulations set out in Legislative Decree 196/03.
6.2 In this regard, please refer to the detailed information contained in the "Privacy" section.
7. Miscellaneous
7.1 Marchesani reserves the right to modify these General Terms and Conditions of Sale at any time.
7.2 The General Terms and Conditions of Sale applicable to the sale of each Good shall be those published on the Site on the date of the order relating to the Good itself. The Customer, therefore, must read and accept these General Conditions of Sale before making any purchase.
7.3 Should any provision of these General Conditions of Sale be deemed null and void or invalid, these General Conditions of Sale shall nevertheless remain valid and effective for the remaining part.
7.4 The mere tolerance or lack of objection by Marchesani of any failures by the Customer to comply with the provisions of these General Sales Terms and Conditions shall not be interpreted as tacit acceptance of such failures, nor as a desire to depart from what has been agreed between the parties.
8. Communications:
8.1 For any communication and/or request for assistance and/or claim relating to the purchased Goods, the Customer may contact Marchesani at the addresses indicated in the "Contacts" section of the Website.
9. Applicable law and dispute resolution:
9.1 These General Sales Conditions are governed by Italian law and shall therefore be interpreted and executed in accordance with it.
9.2 In the event of a disservice or dispute between MARCHESANI S.p.a. and one of our users/customers, it is noted that all contracts concluded with Marchesani S.p.a. are understood to be concluded in Italy. As the company is Italian, customers accept the laws, regulations and possible arbitration of the competent Italian Court of Vasto.
10. Payments
The products ordered can be paid for by the following methods managed through STRIPE platform:
- Credit Card: Visa, Mastercard, Amex, - MyBank (automatic bank transfer)
- Manual BANK TRANSFER.
The payment must be confirmed within 48 working hours from the receipt of the order. Customers are requested to send a copy of the payment to our Customer Service. If proof of payment is not received the order may be cancelled, please contact Customer Service as soon as possible to notify the problem. The order is processed only upon receipt of payment, usually within 48 hours after your transaction.
Bank coordinates
HOLDER: MARCHESANI SPA
BPER branch of CUPELLO
IBAN: IT 91 D 05387 77650 00000 2318552
SWIFT: BPMOIT22
Please specify the ORDER number ######## in the reason for the transfer.
- PAYPAL
The customer can pay through his counter Paypal. For security reasons there must be correspondence between the holder of the Paypal account and the destination address of the goods.
Marchesani reserves the right to ship the goods only to the address indicated in the verified Paypal account. Payments sent from unverified Paypal accounts will be cancelled.
- Cash on delivery to the Courier (Italy only).
- If you buy with Scalapay, you will receive your order immediately and pay in 3 installments. Take note that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize such transfer
11. Shipping
Worldwide shipments are made with our trusted couriers (DHL, BRT, DPD, TNT).
Orders are processed usually in 48h from Monday to Friday from 9 am to 18.
Delivery times vary from destination to destination and are subject to the procedures of the courier:
ITALY: 1-2 working days
EUROPE: 2-4 working days
REST OF THE WORLD: 3-7 working days
After the shipment is not possible to change the destination address.
Delivery is usually made from Monday to Friday from 8 am to 17 pm.
All shipments are traceable through the portal of the courier using the tracking number attached to the order.
Each shipment is insured against theft or accidental damage at no additional cost. The insurance ends upon delivery of the package.
The packages are carefully packaged and sealed with custom tape.
Upon delivery of the goods, the customer is asked to inspect the package for any signs of tampering. The customer can accept the shipment with reservations or refuse it, opening at the same time a complaint in the manner required by the carrier and promptly reporting the incident to the Seller.
Customs and security controls are clearly distinguishable by the application of additional specific seals depending on the entity that carried out the control.
When placing an order, customers establish a commercial relationship with Marchesani S.p.a., and failure to deliver due to carelessness in filling in their data (destination address or recipient's telephone number) or refusal to pick up the goods without a reason will imply a return which is to be paid for by the customer, these costs will be deducted from the refund due.
The shipping costs follow the table below:
ITALY 10€
EUROPE 24€
USA, CANADA 25€
CHINA 60€
HONG KONG 60€
JAPAN 60€
KOREA 40€
REST OF THE WORLD 70€
These expenses and any customs fees are always borne by the customer and will be deducted from the amount initially paid by the customer.
Perfumes are considered "dangerous goods" in the international shipping rules, so they need an additional accompanying document and special seals to be affixed to the package, so it is not possible to include them with other goods and are shipped separately. It is not possible to ship to all countries in the world. Please contact CustomerService before placing your order.
12. Returns and refunds
The products purchased on this website are sold directly by MARCHESANI S.P.A. - with headquarter in Milano, Viale Andrea Doria, 5 - 20124, VAT No.: 02385000696 (hereinafter referred to as "Marchesani" for brevity).
You have the right to withdraw from the contract concluded with Marchesani, without any penalty and without specifying the reason, within fourteen (14) days, starting from the day of receipt of the products purchased on this website. To withdraw from the contract you must send an email to [email protected] to request an authorization number. The written request must contain the order number, the code of the item to be returned and the reason for the return: refund, size or color change. Once the written request has been received, [email protected] will send a written confirmation with an authorization number. You must write this authorization number on the return form attached to each item and on the outside of the box.
The Right of Return shall be deemed to be properly exercised if the following conditions are also fully met:
a. The Return Form and security seal must still be intact and attached to the returned items. They must not be removed or cut in any way.
b. Items must not have been worn, washed or altered in any way and must not show any signs of use. Soles of footwear must be in perfect condition and not marked in any way.
c. Items must be returned with all original labels, packaging and other accessories (bags, hangers, garment bag, etc.) received with the order; e. Returned products must be delivered to the shipper within fourteen (14) days from when you notified Marchesani of your decision to withdraw from the contract.
Below are the return shipping costs for the following geographical areas:
ITALY 10€
EUROPE 24€
USA, CANADA 25€
CHINA 50€
HONG KONG 50€
JAPAN 50€
KOREA 40€
REST OF THE WORLD 50€
These expenses and any customs charges are always borne by the customer (DDU).
Returns authorised by Marchesani must be sent from the same country in which the order was originally sent.
Authorised returns must be sent with the courier indicated by Marchesani in the e-mail containing the return instructions. Marchesani reserves the right not to accept returns if the customer entrusts the shipment to a different courier from the one indicated and if the delivery involves additional costs for Marchesani or requires collection from a branch of the courier.
Marchesani reserves the right to refuse returns that have not been authorised or not sent in accordance with the return policy. In these cases, Marchesani may return the package to the sender at the original shipping address. In case of acceptance of unauthorized or non-compliant returns, Marchesani may withhold 10% of the value of the returned goods from the refund due.
13. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website and its content (including but not limited to: works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, menus, web pages, graphics, colors, diagrams, tools, fonts and website design), as well as the trademarks and distinctive signs used by Marchesani in relation to the sale of goods, are protected by regulations on intellectual and industrial property rights. Consequently, any type of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the contents of the website, brands and distinctive signs used by Marchesani is prohibited.
The trademarks and distinctive signs on the Site which distinguish the products sold on www.filippomarchesani.com are the property of their respective owners and are used on the Site for the sole purpose of distinguishing, describing and advertising the goods on sale.
14. CONDITIONS OF USE OF THE SITE
The website www.filippomarchesani.com is managed by MARCHESANI S.P.A. - with headquarter in Milano, Viale Andrea Doria, 5 - 20124 - 66051, VAT No.: 02385000696 (hereinafter referred to as "Marchesani" for brevity).
Access to and navigation on the site www.filippomarchesani.com are governed by these Conditions of Use of the Site, therefore by accessing and navigating the site www.filippomarchesani.com users agree to abide by these Conditions.
Access to the Site and its services is intended exclusively for personal use, unrelated to any commercial, business or professional activity.
The user is solely responsible for the use of the Site and its contents, as well as being solely responsible for the safekeeping and proper use of his or her personal information, including the credentials that allow access to the Site, and for any harmful consequence or prejudice that may arise from the incorrect use, loss, or theft of such information.
With the exception of liability for wilful misconduct and gross negligence, Marchesani accepts no liability for the use of the website and its contents by users which does not comply with current legislation, nor for the communication of incorrect, false information or data relating to third parties, without their consent.
Marchesani accepts no liability for the malfunctioning of the website or for any damage caused to the user as a result of using the website which cannot be attributed to Marchesani.
Marchesani publishes information on its website in order to provide a service to users, but declines all responsibility for any technical inaccuracies and/or typographical errors. If reported, Marchesani will make corrections immediately.
Marchesani does not offer any guarantee that the information published on its website complies with the laws of the user's jurisdiction.
The website is a protected site in accordance with international Internet standards, so the user's device cannot be affected by viruses during navigation if this is done correctly. However, Marchesani declines all responsibility for any problems, damage, viruses or risks that the user may incur during improper use of the website and declines all responsibility for any malfunctioning of the website due to deactivation of "cookies" in the user's browser.
Users must accept the terms and conditions of this legal notice, and must periodically visit these pages for any updates, changes and corrections.
Marchesani reserves the right to make corrections and changes to the website, as well as to modify the terms and conditions of use of the website when necessary, without prior notice.
15. COMMERCIAL POLICY
Marchesani offers its products for sale and conducts its e-commerce business exclusively with end users who are "consumers".
The term "Consumer" refers to any natural person operating on www.filippomarchesani.com for purposes unrelated to their business, commercial, craft or professional activity.
In view of its commercial policy, Marchesani reserves the right not to follow up orders from parties other than the "consumer" or orders that do not comply with its commercial policy.
In particular, in order to place orders on the website, Customers must: - be consumers - be 18 years of age or older - be eligible to enter into legally binding contracts - Have a valid POP e-mail address - have a valid credit card: Visa, American Express, MasterCard or a bank account.
Exclusively branded and first quality products are sold on www.filippomarchesani.com
The essential characteristics of the products are presented on www.filippomarchesani.com within each product sheet.
Marchesani undertakes to ensure that the description and/or photographic representation of the products is as faithful as possible to the products themselves.
However, taking into account the fact that the quality of the images may depend on the computer tools used, it is possible that the perception of the description or photographic representation of the products does not correspond exactly to the products themselves, so the images and videos accompanying the presentation of the products must be considered published for descriptive purposes only.
Note: In the event of any inconsistency, discrepancy or divergences of interpretation between the Italian version and any other language versions of this publication, the Italian language version shall prevail.