The general terms and conditions of sale hereunder (hereinafter “General Terms and Conditions of Sale”), which are subject to Legislative Decree 6 September 2005, no. 206 (hereinafter “Consumer Code”), regulate the relationship between Manifattura di Domodossola S.p.A., a company established at Viale dell’Industria no. 1, 28844 Villadossola (VB), Italy, VAT number 00740460159, as owner of the brand “Athison” (hereinafter “MD S.p.A.”) and any consumer (hereinafter “Consumer”) who intends to shop on the website www.athison.com (hereinafter “Website”). The parties acknowledge that pursuant to the Consumer Code he is a consumer any natural person who acts for purposes not related to entrepreneurial, commercial, artisanal or professional activity.
Consumer acknowledges and accepts that the General Terms and Conditions of Sale are binding. MD S.p.A. reserves the right to modify the General Terms and Conditions of Sale at its sole discretion and without any notice. Possible modifications and/or integrations to the General Terms and Conditions of Sale will be effective from the date on which they will be published on the Website and will apply to the purchases executed from that date on. The last version of the General Terms and Conditions of Sale is that available on the Website. If any clause of the General Terms and Conditions of Sale is held to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected or impaired thereby.
Before any purchase, Consumer shall accept the General Terms and Conditions of Sale by ticking the related box.
1. Contact details
For the purposes of the General Terms and Conditions of Sale hereunder, for the exercise of the right of withdrawal, for lodging a complaint, or for requesting any information, MD S.p.A. provides the following contact details:
- 1. telephone number: + 390324225080;
- 2. email address: firstname.lastname@example.org
2. Execution of the contract
The contract is executed when MD S.p.A. sends the order confirmation to the e-mail address provided by Consumer during the purchasing procedure.
3. Availability of goods
- 3.1 Availability of goods shall be construed as availability when Consumer gets access to the Website. Any information regarding the availability of goods shall be considered merely indicative. Upon simultaneous access to the Website of many users, goods might be sold to other users before the purchasing procedure is completed. Partial or total unavailability of goods might occur even after the order confirmation has been sent by MD S.p.A.
- 3.2 In case of unavailability, Consumer shall be immediately notified by e-mail and shall be fully reimbursed. Reimbursement will be executed by crediting the PayPal account used for the purchase
4. Prices of the goods
- 4.1 All the prices indicated on the Website are in Euro and include VAT, if applicable.
- 4.2 MD S.p.A. may change the prices of the goods at any time, on the understanding that the invoices reflect the prices at the time of purchase.
5. Payment methods
- 5.1 The payment of the goods purchased on the Website can be performed only via PayPal.
- 5.2 Use of the PayPal payment system is subject to the terms and conditions available via the following link www.paypal.com. The purchase of any good on the Website expressly implies also full and irrevocable acceptance of the terms and conditions of the PayPal payment system. MD S.p.A. cannot be held liable for any damage arising from malfunctions of the PayPal payment system.
6. Right of withdrawal
- 6.1 Consumer has the right to withdraw from the contract executed with MD S.p.A., without being liable to any penalty and without giving any reason, within 14 (fourteen) days from the date of delivery of the goods. To withdraw from the contract, Consumer shall send to the e-mail address email@example.com the notice of withdrawal, the subject line of which shall be “Withdrawal”. In the notice of withdrawal Consumer shall specify the details of the purchase order, the order confirmation sent by MD S.p.A. and the delivery note. Without undue delay and, in any case, within 14 (fourteen) days from the date of the notice of withdrawal, Consumer shall return, at her own expense, the goods to MD S.p.A. Consumer acknowledges and accepts that the right of withdrawal cannot be exercised in case of purchase of tailor-made or custom-designed goods.
- 6.2 In case of withdrawal, without undue delay and subject to return of the goods, MD S.p.A. shall reimburse to Consumer the price as well as the delivery costs paid at the time of purchase. Reimbursement shall be subject to verification that the returned goods are complete of package, tags and labels and are not damaged, dirty, washed, altered or otherwise worn. The verification procedure will last between 3 (three) and 5 (five) business days from the date of return of the goods. In case of positive outcome of the verification procedure, the reimbursement shall be executed; in case of negative outcome of the verification procedure, the reimbursement shall not be executed. Consumer shall be liable for any depreciation of the returned goods.
7. Delivery of the goods
- 7.1 Delivery of the goods is subject to payment of the price by Consumer.
- 7.2 MD S.p.A. commits to hand over the goods to the courier within 5 (five) business days from the order confirmation and deliver the goods to the address indicated by Consumer at the time of purchase via the courier service GLS for delivery in Italy (https://www.gls-italy.com) and via the courier service DHL for delivery abroad (http://www.dhl.com/en.html).
- 7.3 In case of delivery within the European Union, the delivery costs shall be borne by MD S.p.A., without any increase of the price indicated in the order confirmation. In case of delivery outside the European Union, the delivery costs shall be borne by Consumer to the extent indicated at the time of purchase. Consumer shall also pay the import taxes and customs duties, to the extent applicable. It is not possible to foresee the exact amount of the import taxes and customs duties. Consumer shall be the sole and exclusive responsible of the compliance of the delivery with the laws and regulations of the importing country.
- 7.4 MD S.p.A. shall not be held liable for failure in delivery or late delivery insofar as failure in delivery or late delivery is due to unforeseeable circumstances, force majeure or connection problems. The risk of loss or damage to the goods is transferred to Consumer when the latter or a third person designated by him, other than the courier, takes possession of the goods. Transfer of risk to Consumer shall occur upon hand over of the goods to the courier, if the courier is chosen by Consumer.
- 8.1 The goods purchased on the Website are covered by a guarantee of 24 (twenty-four) months from the date of delivery. The guarantee shall not apply to imperfections due to normal wear and tear, such as fraying and discoloration. The guarantee shall not apply either in case of misuse of the goods. Consumer irrevocably forfeits the right of guarantee if he fails to complain to MD S.p.A. within 2 (two) months from the date of discovery of the non-compliance or the defects.
- 8.2 Consumer acknowledges and accepts that the images displayed on the Website are merely illustrative. MD S.p.A. may be liable only for material differences between the images and the goods delivered, the compliance of which shall be assessed also in relation to descriptions, instructions and evaluations provided by MD S.p.A.
- 8.3 In case of non-compliance or defects, Consumer may request to MD S.p.A. the repair or replacement of the allegedly non-compliant or defective goods by sending an e-mail to the address firstname.lastname@example.org, subject to return of the goods.
- 8.4 In response to the request for repair or replacement of the allegedly defective or non-compliant goods, MD S.p.A. will initiate an internal verification procedure to assess the effective existence of the defects or non-compliance. Such internal verification procedure will last between 3 (three) and 5 (five) business days, at the end of which MD S.p.A. will contact Consumer. In case of positive outcome of the internal verification procedure, MD S.p.A. shall repair or replace the non-compliant or defective goods, preferably in accordance with the request of Consumer, if the remedy requested by Consumer is not objectively impossible or disproportionate. In case of repair or replacement under guarantee, MD S.p.A. shall reimburse the returning costs borne by Consumer by crediting the PayPal account used to purchase the non-compliant or defective goods. MD S.p.A. shall also bear the costs of the new delivery, except the import taxes and customs duties which shall be borne by Consumer. Should the repair or replacement be objectively impossible or disproportionate, Consumer may request a reasonable price reduction or to terminate the contract and credit the sum already paid into the PayPal account used to purchase the non-compliant or defective goods. On the contrary, in case of negative outcome of the internal verification procedure, without prejudice to clause 6 above, the returning costs shall not be reimbursed, MD S.p.A. shall not repair or replace the goods and the costs of the new delivery, if requested, shall be fully borne by Consumer.
9. Governing law and jurisdiction
- 9.1 The General Terms and Conditions of Sale are subject to the laws of Italy.
- 9.2 Any dispute related to the application, execution, performance, interpretation and violation of the General Terms and Conditions of Sale, which cannot be settled amicably through the out of court remedies available via the platform https://webgate.ec.europa.eu/odr, shall be submitted to the exclusive jurisdiction of the court of the place of residence or domicile of Consumer, if he has residence or domicile in Italy, or to the exclusive jurisdiction of the court of Verbania (Italy), if Consumer has residence or domicile abroad.