TERMS AND CONDITIONS

Access to sales on the website www.martinomidali.com implies acceptance, without any reservation, of the following conditions:

Premise:

The offer and sale of Martino Midali brand products on the website www.martinomidali.com, used by the company Midali Srl are ruled by the following General Conditions of Sale.

The products purchased on www.martinomidali.com are sold directly by the company Midali Srl, with a registered office in Italy, Via F.lli Bronzetti, 23 - 20129 Milan, Registr. Reg. Imp., Tax Code and VAT no. 04157350960, REA No.: MI - 1729940, Share Capital Euro 10,000.00 int. vers.

For any information or assistance, the customer can contact Midali Srl to request information regarding orders and shipments, refunds and the return of products purchased on www.martinomidali.com.

The customer and anyone interested in learning about the products and services on the www.martinomidali.com website can contact Martino Midali by e-mail at customerservice@martinomidali.com. For any other legal information, consult this document and the Privacy Policy.

For the purposes and effects of these General Conditions of Sale, the name Martino Midali is used interchangeably with "Midali Srl".

Midali Srl reserves the right to update these General Conditions of Sale at any time.

Art. 1: Object

These General Conditions of Sale of www.martinomidali.com define the rights and obligations of the parties in the context of the sale of products and services carried out by Midali Srl (here referred to as the Seller) to customers of the website www.martinomidali .com.

By making a purchase or booking a product or service (here referred to as an Order), the customer declares to be of age and to have completed the age of eighteen to be a consumer, according to art. 3 of Legislative Decree 206/2005 (Consumer Code) and to be the owner or to have the availability of an e-mail address communicated to www.martinomidali.com. Each customer declares to have read and accepted the rights and obligations resulting from placing the order. These General Conditions of Sale govern all orders.

The General Conditions of Sale do not regulate the supply of services or the sale of products by parties other than the Seller who are present on www.martinomidali.com through links, banners or other hypertext links.

Midali Srl suggests, before submitting orders and purchasing products and services from parties other than the Seller, to check their conditions of sale because the Seller is not responsible for the provision of services by third parties other than the Seller or the conclusion of e-commerce operations between users of www.martinomidali.com and third parties.

These General Conditions of Sale fully comply with the "Code of online rights in force in the EU" drawn up by the European Commission and published by the Publications Office of the European Union in force since 2012

Art. 2: Customer

Martino Midali offers for sale on www.martinomidali.com the products and carries out its e-commerce activity exclusively towards its end users, who are "consumers". The term Consumer must be understood and identified as the person identified in letter a) of Article 3 of Legislative Decree 206/2005.

The term Consumer identifies the natural person who acts on www.martinomidali.com for purposes unrelated to his commercial, entrepreneurial or professional activity. We invite those who are not Consumers to refrain from concluding commercial transactions through www.martinomidali.com.

Considering its commercial policy, the Seller reserves the right not to process orders from subjects other than the Consumer or, in any case, to orders that do not comply with its commercial policy.

The resale or distribution of Martino Midali brand products purchased on www.martinomidali.com is strictly prohibited.

Art. 3: Methods of placing the order, prices and billing

Access to the sales services offered by www.martinomidali.com is possible upon spontaneous registration, or even upon invitation from a customer or directly from Midali Srl. Accessing the sales services without any registration to the site in Guest mode is also possible. To conclude the purchase contract for one or more products on www.martinomidali.com, the Customer must fill in the order form in electronic format and send it to the Seller electronically, following the relative instructions.

The order form contains a reference to these General Conditions of Sale in force and a summary of the information on the essential characteristics of each product ordered and the relative price (including all applicable taxes or duties), of the means of payment, that the Customer can use to purchase each product and the delivery methods of the purchased products, the shipping and delivery costs, a reference to the conditions for exercising his right of withdrawal and the methods and times for returning the purchased products.

Before proceeding with the purchase of the products, by sending the order form, the Customer will be asked to carefully read the General Conditions of Sale, paying attention to the items reserved for the right of withdrawal, to print a copy using the print command and store or reproduce a copy for your personal use.

The order form will be filed in the database of www.martinomidali.com for the time necessary to process it and follow the law. Customers can access their order form by consulting the My Account section of www.martinomidali.com.

Before proceeding with the transmission of the order form, you will also be asked to identify and/or correct any data entry errors.

The valid language available for concluding the contract with the Seller is Italian.

Versions in languages other than Italian may be provided, but only for comparative purposes, according to art. 10 of these General Conditions of Sale. The legal and interpretative references must be exclusively those expressed in Italian.

Once the order form has been sent, the Seller will process the purchase order placed by the Customer.

The Seller may not process orders placed by customers who do not give sufficient guarantees of solvency or who is incomplete or incorrect or in the event of unavailability of the products. In these cases, the Seller will inform the customer by e-mail that the contract isn't complete and that the Seller has not completed his purchase order, specifying the reasons.

If any products on www.martinomidali.com are no longer in stock or on sale at the time of the last access to the site or when the Consumer places the order, it will be the Seller's responsibility to notify the customer promptly. In any case, an unavailability of the products ordered is required within thirty (30) days from the day following that on which the order will be sent to the Seller. If forwarding the order form and payment of the price, the Seller will refund the amount already paid by the customer. The reimbursement will occur according to the procedures in point 8.2 of the General Conditions of sale.

With the electronic transmission of the order form, the Customer unconditionally accepts and undertakes to observe these General Conditions of Sale in relation to the Seller. If the Customer does not agree with some of the General Conditions of Sale terms, Martino Midali invites him not to submit the order form for purchasing products on www.martinomidali.com.

By submitting the order form, the customer confirms that he is aware of and accepts the General Conditions of Sale and the additional information contained in www.martinomidali.com, also referred to via links.

The Order will be considered final, and the contract will be concluded when the Customer receives the order confirmation email from www.martinomidali.com. The products will be shipped after verifying the crediting of the sums paid by the customer.

Once the contract is concluded, the Seller will send, by e-mail, a receipt of the purchase order containing a summary of the information already included in the order form (information relating to the essential characteristics of the product and a detailed indication of the price, payment methods and delivery costs).

Midali Srl reserves the right to limit the number of products that each customer can purchase on www.martinomidali.com to ensure a better quality of service and greater product availability.

The prices of Midali Srl products are indicated in Euros, refer only to the goods and include all taxes applicable to the sale. They are valid for the Eurozone and Italy territories and/or countries.

For countries not in the Eurozone, product prices and shipping costs are always indicated in Euros and include all applicable taxes, except customs duties, to be paid by the Customer. Before making the purchase, it will be the customer's responsibility to check the value in their national currency; the latter will, in any case, have no commercial value.

Art. 4: Conformity of the products for sale on www.martinomidali.com

On www.martinomidali.com, we offer only top-quality collection products of the Martino Midali brand. The materials with which the products are made and produced directly by the Seller.

The Seller does not sell second-hand, flawed, or products of lower quality than the corresponding standards offered on the market.

The essential characteristics of the products are available on www.martinomidali.com within each product sheet.

However, the images and colours of the products offered for sale on www.martinomidali.com may not correspond to the real ones due to the Internet browser and monitor used. 

Product prices may be subject to updates. The Customer is requested to check the final sale price before submitting the relevant order form.

In case of withdrawal, the Seller has the right to deny the return of products, if the product doesn't have the relative tag or that have been altered in their essential and qualitative characteristics, or damaged.

Art. 5: Payments

For the payment of the price of the products and the relative shipping and delivery costs, the Customer can follow one of the available methods indicated in the order form (credit card, Paypal, bank transfer).

The debit to the Customer's bank account will take place 24 hours after placing the Order, and the Order will be considered adequate only after the approval of the bank payment centres. The debit or refusal will be immediate if the payment is made via PayPal.

Furthermore, this information will never be used by the Seller except to complete the procedures relating to the purchase and to issue the related refunds in the event of any product returns, following the exercise of the right of withdrawal, or if it is necessary to prevent o report the commission of fraud on www.martinomidali.com to the police. The price for the purchase of the products and the shipping and delivery costs, as indicated in the order form, will be charged to the Customer's current account at the time of shipment of the purchased products.

According to the provisions on Privacy, www.martinomidali.com does not store the Customer's bank details to ensure greater security in processing personal data.

Payment in advance can be made by bank transfer to the Midali Srl current account at BANCO BPM SPA with IBAN IT30K0503401688000000000686, BIC code BAPPIT21312 within 5 (five) working days from the date of order confirmation. If the transfer isn't made within this period, the contract must be considered automatically terminated and ineffective, and the Customer will receive an order cancellation email. The products will be shipped after Martino Midali sees the credit displayed on his current account.

The Customer must record and print the payment data if he wishes to keep the details of his bank transaction.

Payment on delivery is provided, with a surcharge indicated in the order form at the time of purchase, only for home deliveries in Italy. The total due must be paid to the carrier upon delivery of the order.

Art. 6: Availability of products

In case the product is total or partially unavailable after the transmission of the order, the Customer will be informed by e-mail of the Order's cancellation or the partial delivery of it.

In case of unavailability of the product, the Customer will have the right to request one of the following options:

• The delivery of an identical product or service of quality and equivalent price compatibly with stock availability;

• Refund the price of the product or service ordered within thirty (30) days from the request made by the Customer.

Art.7: Delivery of products

Place of delivery

The products or services will be shipped as indicated by the Customer during the Order process. The Customer will be notified of the shipment by e-mail. Involvement in the costs for the preparation and shipping of the Order are understood to include Italian VAT.

The products and/or services will have, in addition, a Transport Document showing the contents of the package.

During the purchase procedure, the Customer can choose the place and method of delivery of his order.

In Italy, the customer can choose between one of the following delivery methods:

• Pick-up at Martino Midali boutique;

• home delivery through the BRT Bartolini Corriere Espresso delivery service; this option is valid throughout the Italian territory, including islands, except for Campione d’Italia, the Republic of San Marino and the Vatican City.

• Pick-up at a collecting point affiliated with BRT Bartolini Corriere Espresso throughout the Italian territory.

Midali Srl delivers its products outside Italy, both within and outside the European Union, using the DHL delivery service.

The shipping costs of the order are charged to the customer and will be communicated during the purchase and payment phases.

Any costs relating to customs duties for deliveries outside the European territory are on the recipient and must be paid to the delivery service at the delivery of the package.

Potential customers residing in countries other than those mentioned on the site must first contact Martino Midali Customer Service at customerservice@martinomidali.com and check with the Seller about the available methods of purchasing and shipping.

The Customer has the right to choose the place of delivery: in his residence, in the workplace, in a third person's residence, in the place where he spends his holidays, and so on. If the Customer misses the delivery service when the package arrives, it will be notified with a note in the letterbox. After two missed deliveries, the package will be stored by the delivery service for five days after the date of the second delivery notification.

If the Customer misses this deadline, the package will return to Midali Srl. Customer Service will take care to contact the Customer for a possible new shipment and, in the absence of a response from the Customer within a reasonable time, will proceed to make a refund.

Delivery times

Martino Midali commits to processing every order as quickly as possible. Delivery times depend on the products ordered and may vary from 2-3 up to a maximum of 10 working days (excluding Saturdays, Sundays and holidays) starting from the date of the order unless otherwise indicated by the Customer before the final confirmation of the order. In this case, www.martinomidali.com will suggest to the Customer a different delivery term.

Martino Midali invites the Customer to contact Customer Service through the dedicated channels on the website to request a specific estimated time of delivery of one or more products that the Customer wishes to order.

The Customer will see in your account the progress of your purchase order and will be constantly updated.

Delay of delivery

Martino Midali commits to informing the customer promptly of any delivery delays.

If the Customer encounters delays in delivery or needs to request more information about delivery times, he can also contact the Customer Service of www.martinomidali.com through the channels indicated on the website.

Delivery failure

The Customer has the right to cancel the order if the delivery has not occurred within ten (10) working days following the delivery date indicated by www.martinomidali.com unless the non-delivery is due to force majeure.

Within thirty (30) working days following the request for cancellation of the order, Midali Srl will arrange the refund for the Customer.

Information on delivery methods

Each delivery is considered done when the product or service is available to the Customer:

• by the carrier, if the Customer has chosen home delivery as the shipping method during the purchase phase;

• by the boutique's staff, if the Customer has chosen the pick up at the Martino Midali store during the purchase phase;

• by the employees of the collecting point affiliated with BRT delivery service if the Customer chose this method during the purchase phase.

The Customer who chooses home delivery or at a collecting point affiliated with BRT delivery service in Italy will receive the notice that the package has been entrusted to the BRT Corriere Espresso and the related information to track the shipment and the delivery.

The Customer who chooses delivery with pick up at a Martino Midali boutique will be contacted by the staff of the selected store as soon as the package is ready to be collected.

The customer who chooses home delivery outside the Italian territory will receive the notice that the package has been entrusted to DHL Express and the related information to track the shipment and the delivery.

Even if the right of withdrawal is granted to the Customer according to the following art. 8, it will be the Customer's responsibility to check the shipment conditions at the time of its arrival and make the disputes that it deems justified. Such disputes must be indicated on the delivery note and communicated to www.martinomidali.com by sending a communication to Customer Service, which can be reached at customerservice@martinomidali.com, or through the other communication channels made available on the website within the working day. (24 hours) following the delivery of the Order. The customer has to reject the goods if the courier does not allow the dispute to be affixed to the delivery note.

The Customer Service of www.martinomidali.com will then open an investigation with the delivery service. The Customer will receive an email informing him that an investigation has been opened. The response times of the transporter to www.martinomidali.com are generally 30 working days.

Shipment tracking

When a package is ready for shipment, it is shipped in collaboration with Bartolini BRT Corriere Espresso for Italy and with DHL Express for all other countries or via a delivery service chosen by www.martinomidali.com. The Customer is informed of the package shipment and the shipping methods via email.

The Customer is informed of the shipment via email, which indicates the products or services shipped and the tracking number of monitoring the order status on www.martinomidali.com in the My Account section.

The Customer who requests delivery within the Italian territory, at home or the BRT collecting point also can monitor the status of the shipment of his package on the Bartolini BRT Corriere Espresso website at the following address: https: //www.brt.it/it/home.

The Customer who requests delivery outside the Italian territory can monitor the shipment status of his package on the DHL website at the following address: https://mydhl.express.dhl/it/it/home.html . 

Delivery failure

From the moment of reception of the email, you have to calculate twenty working days before receiving the delivery or notice from the courier in the letterbox. After two missed deliveries by the courier, the package will remain available at these offices for five days after the date of the second delivery notice. During these five working days, the Customer can arrange a new appointment with the courier or go to the Bartolini BRT Corriere Espresso centre for Italian customers, the DHL centre for non-Italian customers, or to the collecting point indicated in the notice left in the letterbox. If you miss this deadline, the package will return to www.martinomidali.com. Customer Service will contact the Customer eventually to arrange a new delivery, and if the Customer doesn't answer within a reasonable time, www.martinomidali.com will refund the Order.

In any case, if the Customer does not receive any news of his Order in the twenty working days following the package shipment, he must contact the closest Bartolini BRT Corriere Espresso or DHL centre. The Customer must communicate the tracking number displayed to him by email at the time of shipment.

Suppose neither the carrier nor the www.martinomidali.com in the "My Account" section has the package tracking. In that case, the Customer must contact the Customer Service of Martino Midali immediately by emailing customerservice@martinomidali.com or the other customer assistance channels activated on the site.

The Customer Service of www.martinomidali.com will open an investigation with BRT, DHL, or the carrier adopted. The Customer will be notified with an email. The response times of BRT, DHL or any other delivery service to www.martinomidali.com are generally 30 working days.

If the package is found within 30 days of the investigation's opening, it will be sent to the Customer: the delivery procedure follows its ordinary trial.

If the package is declared lost, www.martinomidali.com will notify the Customer with an email and immediately proceed with completing the formalities for a refund of the Order (product and shipping costs).

Art. 8: Right of withdrawal

Martino Midali aims to guarantee complete customer satisfaction. If, for some reason, the Customer is unsatisfied with his order, he can exercise his right of withdrawal within ten (10) working days from the day the Customer received the products purchased on www.martinomidali.com.

To exercise the right of withdrawal on an online purchase on www.martinomidali.com, the Customer must request the return authorization within ten working days of receiving the package by connecting to the following page of the site> Return form and following the guided procedure.

Within the Return Form, the Customer can choose one of the following options for the items they wish to return: 

• discount coupon for an amount equal to the value of the article, which the Customer can use for online order on martinomidali.com within a year;

• receive the same model of the returned product, but in a different size.

• refund of the amount of the return value.

How to return products

The Customer can also indicate the return method they prefer within the Return Form, according to one of the procedures outlined below:

• free return at Martino Midali boutiques: in this case, it is the Customer's responsibility to return the package containing the product(s) to the boutique he has chosen.

• free return with shipping by BRT courier for orders delivered in Italy or by DHL courier delivered outside of Italy. In this case, the Customer will receive the label to be placed on the package for return by email from Customer Service.

8.1.: Conditions for exercising the right of withdrawal

You can return an item purchased if you must ensure that:

• the Return Form is correctly completed and sent to www.martinomidali.com within ten (10) working days from the delivery date.

• the products have not been used, worn, washed or damaged;

• the products must be returned in their original packaging, in perfect condition for resale (in the case of design objects, and fashion accessories, the packaging must be sealed as it was initially);

• withdrawal products must be returned to Midali Srl in a single shipment. Martino Midali reserves the right not to accept multiples items of the same order, returned and shipped at different times;

If the Customer has complied with all the required conditions, Midali Srl will refund the value of the returned products according to the method the Customer chose in the Return Form.

Midali Srl will contact the Customer if the return cannot be accepted because it does not comply with the above conditions. In this case, the Customer can have the purchased products back at his own expense.

If the Customer refuses this shipment, Midali Srl reserves the right to withhold the products and the corresponding amount for the purchase of the products.

8.2: Refund times and methods

After Midali Srl has received the return and checked all the requirements for the refund, the Customer will receive an email confirming acceptance of the return.

Whatever the payment method used by the Customer (credit/debit card, bank transfer), Martino Midali will proceed with the refund in the shortest possible time. In any case, it will be within thirty (30) days from the date on which it became aware of the exercise of the right of withdrawal once it has been verified that the return has taken place in compliance with the above conditions.

The actual time for reimbursement depends on the payment methods used:

• purchase by credit/debit card: the time required to view the refund depends on the institution that issued the card. We remind you that the value date of the re-credit is the same as the debit, so the Customer will not suffer any loss in terms of bank interest.

• purchase via PayPal: the refund will be made to the Customer's PayPal account and immediately visible. The actual refund on the credit card from the PayPal account depends on the institution that issued the card.

• payment by bank transfer: the refund takes place on the account indicated by the Customer. Therefore, the refund time depends on the correctness of the data provided by the Customer; the refund usually takes place within thirty (30) days.

If the Customer makes the returns at a Martino Midali boutique, the store staff can't refund the return's value in cash.

In the case of a gift, the refund will be made to the person who made the payment.

8.3: Product identification tag

All products on www.martinomidali.com are equipped with an identification tag, which is an integral part of the asset. The Customer is invited to try the product without removing the tag because returned products that do not have it will not be accepted.

Art. 9 - Intellectual property

The contents of the www.martinomidali.com website (including logos, trademarks, illustrations, photographs, etc.) are protected from copyright, trademarks and other intellectual property rights of the Italian registration. The elements presented on this website are subject to edit without prior notice and available without guarantee, explicit or tacit, and cannot be claimed by anyone else but Midali Srl.

It's forbidden to copy, reproduce, publish, download, return, transmit or distribute any content of the www.martinomidali.com website in any way, except in the case of a simple registration of the documents on a single computer for the exclusive personal use of the company who made the copying and for non-commercial purposes. The modification of these contents or their use for other purposes constitutes a violation of the property rights of www.martinomidali.com. In any case, the indications of ownership must always be kept intact.

It's forbidden to use such content on another website or in a computer space on the net. Copy of the links of the www.martinomidali.com site is authorized.

It's strictly forbidden:

• The deep linking or inline linking, which allows the internet user to automatically view the contents from the www.martinomidali.com site in a specific space;

• The framing, which allows the www.martinomidali.com website to appear in a frame within the page of the website visited by the internet user.

In any case, links from websites contrary to morality, violent, pornographic or paedophile content, which do not respect the dignity of the individual or intended to show or sell prohibited or illegal objects, substances and/or works are prohibited.

The existence of a hypertext link from a third-party site directed to the www.martinomidali.com site does not imply a correlation between Midali's and this website. www.martinomidali.com does not exercise any control over third-party websites and consequently assumes no responsibility for the sites' content, products, services, information, materials, or software that involve a hypertext link with www.martinomidali.com.

Our website may contain links to our partner's websites or third-party platforms. Www.martinomidali.com does not exercise any control over these websites and consequently assumes no responsibility for the availability of such sites, their content, advertising and products and/or services available on or from them. Www.martinomidali.com will not be responsible for any direct or indirect damage caused by the internet user's access to the partner's and/or third party's site and by the use of the contents and services of this site by the internet user.

Art. 10: Jurisdiction - Applicable law

The General Conditions of Sale are transcribed in Italian and construed by Italian law, particularly by the legislative decree 6 September 2005 n. 206, on the consumer code, with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on certain aspects concerning e-commerce.

For any legal dispute that may arise regarding the interpretation and/or execution and/or termination of the Contract and/or these General Conditions, the Court of Milan will have exclusive Jurisdiction, and the Italian Jurisdiction will be right after.

The General Conditions of Sale are also amended, considering any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on www.martinomidali.com.

If there is any doubt about the interpretative meaning of the Contract and/or these General Conditions, must refer exclusively to the Italian version.