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Access to sales on the website www.martinomidali.com involves acceptance, without exception, of the following terms:
The offer and sale of “Martino Midali” branded products on the website "www.martinomidali.com", used by the company “Midali Srl”, is regulated by the following General Terms of Sale.
Products purchased on www.martinomidali.com are sold directly by the company Midali srl, with registered headquarters in Italy, Via F.lli Bronzetti, 23 – 20129 Milan, Company Registration, Tax Code and VAT no. 04157350960, Economic & Administrative Index no.: MI – 1729940, with fully paid-up share capital of EUR 10,000.00.
For any information or assistance, customers should contact Midali srl by accessing the “Customer Services” area, where information is provided in relation to orders, shipments, refunds and returns of products purchased on www.martinomidali.com.
For the purposes and effects of these General Terms of Sale, the name “Martino Midali” is used indifferently with “Midali srl”.
Midali Srl reserves the right to update these General Terms of Sale at any time.
Art. 1: Subject
These General Terms of Sale of www.martinomidali.com define the rights and obligations of the parties involved in the sale of products and services made by Midali srl (hereafter defined as the Seller) to customers on the internet website www.martinomidali.com.
By making a purchase or reserving a product or service (hereafter known as Order) customers declare to be an adult, aged over eighteen and a consumer in accordance with Art. 3 of Italian Legislative Decree no. 206/2005 (Consumer Code) and to be the holder or have access to an electronic mail address communicated to www.martinomidali.com. Customers declare to have read and accepted all rights and obligations consequent to making the order. All orders are regulated by these General Terms of Sale.
The General Terms of Sale do not regulate the provision of services or sale of products by entities other than the Seller present on www.martinomidali.com via links, banners or other hypertext links.
Midali srl recommends, before sending orders and purchasing products and services from entities other than the Seller, that customers verify their conditions of sale, as the Seller is not responsible for the provision of services by third party entities other than itself or for the conclusion of e-commerce transactions between users of www.martinomidali.com and third party entities.
These General Terms of Sale fully comply with the “Code of EU Online Rights” drafted by the European Commission and published by the Publications Office of the European Union, in force since 2012.
Art. 2: Customers
Martino Midali offers the products for sale at www.martinomidali.com and performs its e-commerce activities exclusively for end users who are “consumers”. The term “consumers” means and identifies the individuals referred to in letter a) of Article 3 of Italian Legislative Decree no. 206/2005.
The term “consumers” identifies individuals who access www.martinomidali.com for purposes not related to commercial, business or professional activities. Those who are not "consumers" are invited to refrain from concluding commercial transactions via www.martinomidali.com.
In view of its sales policy, the Seller reserves the right not to follow up orders originating from entities other than “consumers” or in any case orders that do not comply with its sales policy.
The resale or distribution of products branded Martino Midali purchased on the website www.martinomidali.com is strictly prohibited.
Art. 3: Order procedure, prices and invoicing.
Access to the sales services offered by www.martinomidali.com is possible subject to spontaneous registration or also upon invitation by a Customer or directly by Midali srl. In order to conclude the purchase contract of one or more products on www.martinomidali.com, Customers must complete the order form in electronic format and send it to the Seller, online, following the respective instructions.
The order form contains a reference to these General Terms of Sale in force and a summary of the information on the essential characteristics of each product ordered and the respective price (including all applicable taxes and rates), the payment methods that Customers can use to purchase each product and the delivery methods for the products purchased, the costs of shipping and delivery, a reference to the conditions for exercising their right of withdrawal and the methods and timescales for returning purchased products.
Before proceeding to purchase products, by sending the order form, Customers will be asked to read the General Terms of Sale carefully, paying particular attention to the articles dealing with the right of withdrawal, to print a copy of them using the print button and to save them or reproduce a copy of them for their own personal use.
The order form will be archived in the www.martinomidali.com database for the period of time required to process the orders and in any case within the legal timescales. Customers may access their order form by consulting the section My Account on the website www.martinomidali.com.
Before proceeding to send the order form, Customers will also be asked to identify and/or to correct any errors in entering the data.
The language available for concluding the contract with the Seller is Italian.
Versions may be provided in languages other than Italian but only for comparative purposes, in accordance with Art. 10 of these General Terms of Sale. Legal references and interpretations shall be solely and exclusively those expressed in Italian.
Once the order form has been sent, the Seller will process the order made by the Customer.
The Seller may not follow up purchase orders made by Customers who fail to provide sufficient guarantees of solvency or orders that are incomplete or incorrect or where the products are not available. In these cases, the Seller will proceed to inform Customers by electronic mail that the contract has not been concluded and that the Seller has not processed their order, giving the reasons.
Where the products presented on www.martinomidali.com are no longer available or on sale at the time of the last access to the website or upon sending the order form, the Seller shall be responsible for communicating to Customers, promptly and in any case within thirty (30) days commencing from the day after that upon which the order is sent to the Seller, any unavailability of the ordered products. Where the order form has been sent and the price has been paid, the Seller will proceed to refund anything paid in advance by the customer. The refund will be made in accordance with the methods provided by point 8.2 of the General Terms of Sale.
By sending the order form online, Customers unconditionally accept and undertake to comply, in their relationships with the Seller, with these General Terms of Sale. Where Customers do not agree with some of the terms set out in the General Terms of Sale, Martino Midali asks them not to send the order form for purchasing products on www.martinomidali.com.
By sending the order form, Customers confirm to be aware of and to accept the General Terms of Sale and the further information contained at www.martinomidali.com, also referred to via links.
The Order is considered final and the contract concluded when Customers receive the e-mail order confirmation from www.martinomidali.com, notwithstanding that the products will only be sent subject to verification of the credit of the sums paid by the customer.
Once the contract has been concluded, the Seller will send, by e-mail, a purchase order receipt, containing a summary of the information already contained in the order form (the information relating to the essential characteristics of the product and the detailed indication of the price, payment methods and delivery costs).
In order to provide a better quality of service and greater product availability, Midali srl reserves the right to limit the number of products that can be purchased by each customer at www.martinomidali.com
The prices of the Midali srl products are indicated in Euros; they refer only to the goods and include all taxes applicable to the sale. They are valid for the following territories and/or countries of the Euro Zone in addition to Italy: Austria, Belgium, Cyprus, Estonia, Finland, mainland France and Corsica, Germany, Greece, Ireland, Luxemburg, Malta, the Netherlands, Poland, Portugal and Madeira, Slovakia, Slovenia, Spain – Canary Islands and the Balearics.
For countries that are not part of the Euro Zone: Bulgaria, Croatia, Denmark, Latvia, Lithuania, Poland, United Kingdom and Northern Ireland, Czech Republic, Romania, Sweden and Hungary, the prices of the products and shipping cost are always indicated in Euros and include all applicable taxes. It will be the Customers’ responsibility, before making the purchase, to check the market value in their national currency; the latter shall not, in any case, have any commercial value.
Art. 4: Conformity of products on sale at www.martinomidali.com
At www.martinomidali.com only products referable to Martino Midali’s top quality collection are offered on sale. The materials with which the products found at www.martinomidali.com are created are produced directly by the Seller.
The Seller does not sell used or irregular products or those of lower quality than the corresponding standards offered on the market.
The essential characteristics of the products are presented at www.martinomidali.com in each product specification.
The images and colours of the products offered on sale at www.martinomidali.com may, however, not correspond to the actual images and colours depending upon the Internet browser and monitor used.
The product prices may be subject to updates. Customers are asked to ascertain the definitive sale price before sending the respective order form.
The Seller, where the right of withdrawal is exercised, is entitled not to accept the return of products without the corresponding tag, products whose essential and qualitative characteristics have been altered or products that have been damaged.
Art. 5: Payments
For payment of the price of the products and the respective shipping and delivery costs, Customers may use one of the available methods indicated in the order form (credit card, PayPal, bank transfer).
The debit from the customer’s bank account will occur 24 hours after the date of making the Order and the Order will be considered effective only after approval from the bank payment centres. Where the payment is made via PayPal, the debit or refusal will be immediate.
That information, in addition, will never be used by the Seller except to complete the procedures relating to the purchase and to issue the respective refunds in the case of any product returns, following the exercise of the right of withdrawal, or where it becomes necessary to prevent or to report to the police forces the commission of fraud on www.martinomidali.com. The purchase price of the products and the shipping and delivery costs, as indicated in the order form, will be charged to the Customer’s bank account at the time of shipping the purchased products.
In accordance with the Privacy rules, www.martinomidali.com does not store the bank details of the Customer, with a view to ensuring greater security in the processing of personal data.
Payment by advance bank transfer may be made to Midali Srl’s current account held at Banca Popolare di Milano with IBAN IT27C0558401601000000000686, BIC code BPMIITMMXXX, within 5 (five) working days from the date of the order confirmation; if the bank transfer is not made within that term, the contract shall be understood to be automatically terminated and ineffective and the Customer will receive an email cancelling the order. In any case, the products will be shipped only after Martino Midali sees the credit displayed on its current account.
Customers are required to record and print the details relating to the payment if they wish to retain details of their bank transaction.
Art. 6: Product availability
In the case of total or partial unavailability of the product after the Order has been sent, Customers will be informed by electronic mail of the cancellation of the Order or the partial delivery of the Order.
In the event of product unavailability, Customers will be entitled to request:
-the delivery of an identical product or a service of equivalent quality and price in line with stock availability; or
-the refund of the price of the ordered product or service within thirty (30) days of the request made by the Customer.
Art.7 : Delivery of products
Place of delivery
The products or services will be shipped to the delivery address indicated by the Customer during the Order process. The amount of costs for preparing and shipping the Order is understood to include Italian VAT. Customers will be notified of the shipment in advance by electronic mail.
The products and/or services will be accompanied by a Transportation document containing an indication of the contents of the package.
Midali Srl delivers its products in Italy, including the islands, with the exception of the locations of Campione d’Italia, the Republic of San Marino and Vatican City, using the shipping agent BRT Bartolini Corriere Espresso, at the cost of EUR 9.00 to be borne by the Customer.
Midali Srl delivers its products to the following countries using the shipping agent DHL at the cost of EUR 19.00 to be borne by the Customer: Austria, Belgium, Croatia, Denmark, Finland, mainland France and Corsica, Germany, Greece, Ireland, Luxemburg, the Netherlands, Portugal and Madeira, United Kingdom and Northern Ireland, Spain – Canary Islands and Balearics, Sweden.
Midali Srl delivers its products to the following countries using the shipping agent DHL at the cost of EUR 35.00 to be borne by the Customer: Bulgaria, Cyprus, Estonia, Latvia, Lithuania, Malta, Poland, Romania, Czech Republic, Slovakian Republic, Slovenia, Hungary.
Potential customers resident in other countries other than those mentioned above should contact Martino Midali customer services in advance at the address firstname.lastname@example.org to check with the Seller the possible method of purchase and shipment of the Martino Midali products.
Customers are entitled to choose the delivery location: at their residence, at their place of work, c/o a third party person, at a holiday location... Where nobody is present at the address indicated by the Customer at the time of delivery, a failed delivery notice will be posted through the letterbox. After two failed delivery notices from the carrier, the carrier will retain the parcel for collection for five days after the second notice.
Once that period has elapsed, the parcel will be returned to Midali Srl. Customer Service will attempt to contact the Customer to arrange a new delivery and, in the absence of a response from the Customer within a reasonable period, they will proceed to refund the purchase.
The term established for the delivery is twenty working days (excluding Saturdays, Sundays and bank holidays) commencing from the date of the Order, unless otherwise indicated by the Customer prior to the final confirmation of the Order. In that case www.martinomidali.com will indicate to the Customer a different delivery period.
Customers can view the status of their order at the My Account section of the website www.martinomidali.com.
In the event of a delivery delay, Customers can contact www.martinomidali.com Customer Service at the electronic mail address email@example.com
Customers are entitled to cancel the Order where the delivery has not been made within ten working days of the delivery date identified by www.martinomidali.com, unless the failed delivery is due to causes of force majeure.
Within the term of thirty (30) working days after receipt of the Order cancellation sent by the Customer, Midali Srl will arrange the reimbursement in favour of the Customer.
Each delivery is understood to have been made at the time the product or service is made available to the Customer by the carrier.
Italian Customers are also able to monitor the delivery status of their parcel on the internet website of Bartolini BRT Corriere Espresso, at the following address: http://as777.bartolini.it/vas/sped_numspe_par.htm. On this Bartolini BRT Corriere Espresso interface, Customers can enter the number of their parcel (communicated in the shipping e-mail) in the area identified as "customer parcel ID ".
Non-Italian customers are able to monitor the status of the shipment of their parcel on the DHL internet website at the following Link: http://www.dhl.it/it/express/ricerca.shtml
Notwithstanding the right of withdrawal provided to Customers in accordance with Art. 8 below, Customers are responsible for verifying the shipment upon its arrival and making all reserves and disputes deemed appropriate as well as refusing the parcel if it is believed that the same has been opened or the parcel has clear evidence of deterioration. Those disputes must be indicated on the delivery stamp and communicated to www.martinomidali.com sending notification to Customer Service, contactable at the address firstname.lastname@example.org, within one working day (24 hours) following the delivery of the Order. Where the carrier does not consent to affixing the dispute on the delivery note, then Customers are asked to reject the goods.
Customer Service of www.martinomidali.com will then open an investigation with the carrier. Customers will receive an e-mail message notifying them that an investigation has been opened. The response times of the carrier to www.martinomidali.com are generally 30 working days.
7.1. : Information on delivery methods
Where a parcel is ready for shipping, this is sent in collaboration with the courier Bartolini BRT Corriere Espresso for Italy and with DHL for all other countries mentioned in Art. 7 – Delivery location, or via a carrier chosen by www.martinomidali.com. Customers are informed of the shipment of the parcel and the delivery methods by way of electronic mail.
Customers are informed of the shipment by an electronic message identifying the products or services that have been shipped and the parcel reference number, which enables them to monitor the status of the order by accessing the website www.martinomidali.com at the section My Account.
Italian customers are also able to monitor the status of their parcel on the internet website of Bartolini BRT Corriere Espresso, at the following address: http://as777.bartolini.it/vas/sped_numspe_par.htm. On this Bartolini BRT Corriere Espresso interface, Customers should enter their parcel number in the area identified as "customer parcel ID".
Non-Italian customers are able to monitor the shipping status of their parcel on the DHL internet website at the following address: http://www.dhl.it/it/express/ricerca.shtml; on this interface Customers have to enter their parcel number in the area indicated as “Identification number”.
From receipt of the e-mail message, twenty working days should be calculated for receiving the delivery or a failed delivery notice in the letterbox. After two failed delivery notices from the carrier, the latter will retain the parcel for collection for five days after the date of the second failed delivery notice. During these 5 working days, Customers may agree a new delivery date with the carrier or go to the Bartolini BRT Corriere Espresso centre for Italian Customers, to the DHL centre for non-Italian Customers, or to the carrier (whose address will be indicated in the failed delivery notice). If that period elapses unsuccessfully, the parcel will be returned to www.martinomidali.com. Customer Service will contact the Customer to arrange another delivery and, in the absence of a response from the Customer within a reasonable timescale, www.martinomidali.com will refund the Order.
In any case, if, in twenty working days after the shipment of the parcel, Customers do not receive information on their Order, they should contact the Bartolini BRT Corriere Espresso or DHL centre closest to the delivery location or the assigned carrier. Customers should communicate the parcel reference number notified to them by e-mail at the time of shipment.
If neither the carrier nor the Internet website of www.martinomidali.com at the section "My Account” can track the parcel, Customers should contact Customer Service of www.martinomidali.com immediately by sending an e-mail to email@example.com.
www.martinomidali.com Customer Service will then open an investigation with BRT or DHL or with the carrier used. Customers will receive an e-mail message communicating that an investigation has been opened. The response times of BRT, DHL or other carriers to www.martinomidali.com are generally 30 working days.
If the parcel is relocated within 30 days from opening the investigation, it will be sent to the Customer: the delivery process then follows its normal course (delivery of the parcel or failed delivery notice, etc.).
If the parcel is declared lost, www.martinomidali.com will notify the Customer and will proceed immediately with completing the formalities to refund the Order (product and shipping costs).
Art. 8: Right of withdrawal
Martino Midali’s objective is to ensure the complete satisfaction of its Customers. If, for any reason, Customers are not satisfied by their order, they may exercise the right of withdrawal, with no penalty, within ten (10) working days from the day upon which they received the products purchased at www.martinomidali.com.
The products to be returned must be sent within 10 working days from the date of receipt. The products may be returned by sending the parcel via Poste Italiane for Italian customers and via the postal service of their own country of residence for all other Customers, only after having completed the Form provided online in the Customer Services area in order to obtain the return number.
However, it is not possible to exchange the chosen garment for another garment.
8.1. : Conditions for exercising the right of withdrawal
The right of withdrawal is understood to be exercised correctly where the following conditions are all complied with:
If Customers have complied with all the required conditions, Midali srl will reimburse the price of the purchased products, with Customers bearing only the costs of the return, meaning those for the return to Midali srl of the purchased products.
Customers will be contacted if the return cannot be accepted because it does not comply with the conditions set out above. In this case, Customers may choose to have the purchased products back at their expense.
Where Customers refuse this shipment, Midali srl reserves the right to retain the products and the corresponding amount for the purchase of the products.
8.2: Timescales and methods of refund
After Midali srl has received the return and checked that all requirements have been complied with, Customers will receive a confirmation e-mail of acceptance of the return.
Whatever payment method used by the Customer (credit/debit card, bank transfer) the refund is made by Martino Midali as soon as possible and in any case within thirty (30) days from the date upon which it became aware of the exercise of the right of withdrawal, once it has verified that the withdrawal has occurred in compliance with the conditions set out above.
The actual time for the credit and return of the sums paid for the purchase of the products depends upon the payment method used:
purchase by credit/debit card: the time required to receive the refund depends upon the bank institution that issued the card. We would point out that the value date of the credit is the same as the debit, so Customers will not incur any loss in terms of bank interest.
purchase via PayPal: the refund will be made to the Customer’s PayPal account and will immediately be visible. The refund made on the credit card of the PayPal accounts depends upon the institution that issued the card.
payment via bank transfer: the refund is made to the current account identified by the Customer; therefore, the refund time depends upon the accuracy of the data provided by the Customer; the credit usually occurs in the space of thirty (30) days.
In the case of a gift, the refund of the sums will be made to the person who made the payment.
8.3: Product identification tag
All products put on sale at www.martinomidali.com are equipped with an identification tag, which constitutes an integral part of the goods. Customers are asked to try on the product without removing the tag, as products returned without a tag will not be accepted.
Art. 9 – Intellectual property
The content of the website of www.martinomidali.com (therein including logos, trademarks, illustrations, photographs, etc…) are protected in accordance with Italian legislation on copyright, trademarks and other intellectual property rights. The elements presented on this website may be changed without the need for prior notice and are made available without a guarantee of any nature, explicit or tacit, and may not give rise to any claims for compensation for damages.
No content originating from the website www.martinomidali.com may be copied, reproduced, published, downloaded, re-sent, transmitted or distributed in any way, except in the case of simple registration of the documents on a single computer exclusively for personal use by the person that copied them and not for commercial purposes. In any case, mentions of ownership must always been kept intact. Any modification of these contents or their use for other purposes constitutes a breach of the rights of ownership of www.martinomidali.com.
In particular, it is prohibited to use those contents on another internet website or in a computer space on the network. Simple links with the home page of the website www.martinomidali.com are permitted.
The following are prohibited:
- automatic linking (deep linking or inline linking) which allows the internet user automatically to display in a specific space the contents originating from the website www.martinomidali.com;
- framing links which allow for a page of the website www.martinomidali.com to appear in a frame placed within the page of the site visited by the internet user.
In any case, links originating from immoral or violent websites or those with pornographic or paedophilic content, which do not respect the dignity of the individual or are intended to show or sell prohibited or unlawful objects, substances and/or works, are prohibited.
The existence of a hypertext link originating from a third party website and directed to the website www.martinomidali.com does not imply in any case a relationship of collaboration between www.martinomidali.com and this website. www.martinomidali.com does not exercise any control over third party websites and as a consequence it does not accept any liability in relation to the contents, products, services, information, materials, software of the websites that include a hypertext link with the website www.martinomidali.com.
The website of www.martinomidali.com may contain links to partner websites of www.martinomidali.com or third party websites. www.martinomidali.com does not exercise any control over these websites and as a result it does not accept any liability over the availability of those websites, their content, advertising and products and/or services available on or originating from those websites. www.martinomidali.com shall not in any way be liable for direct or indirect damages that may be caused by the internet user accessing the website of the partner and/or third parties and by use of the contents and services of those websites by the internet user.
Art. 10 : Court with Jurisdiction – Applicable Law
The General Terms of Sale are prepared in Italian. They are regulated by Italian law and in particular by Italian Legislative Decree dated 6 September 2005 no. 206, on the consumer code, with specific reference to the regulations in relation to distance contracts, and by Italian Legislative Decree dated 9 April 2003 no. 70 on some aspects concerning e-commerce.
For any legal dispute that might arise regarding the interpretation and/or implementation and/or termination of the Contract and/or these General Terms, the Court of Milan shall have exclusive control and any disputes will be dealt with under Italian Jurisdiction.
The General Terms of Sale are amended from time to time also in view of any regulatory changes. The new General Terms of Sale are effective from their date of publication on the internet website www.martinomidali.com.
For any doubts in relation to interpretation of the Contract and/or these General Terms, exclusive reference will be made to the version in Italian.
Art. 10: Court with Jurisdiction – Applicable Law (for the English version or other languages)
These General Terms of Sale prepared in English are translated from the Italian version and are regulated by Italian law and in particular Italian Legislative Decree dated 6 September 2005 no. 206, on the consumer code, with specific reference to the regulations in relation to distance contracts and by Italian Legislative Decree dated 9 April 2003 no. 70 on some aspects concerning e-commerce.
For any legal dispute that might arise regarding the interpretation and/or implementation and/or termination of the Contract and/or these General terms, customers should contact, at first instance, Midali Srl in order to seek to achieve an amicable solution. Subsequently, Midali Srl suggests that the dispute be resolved on the basis of existing Italian legislation, as set out by the “Code of EU Online Rights” drafted by the European Commission – Sect. III, Chap. 11, as Italian law is compliant with the European regulations in relation to e-commerce and online consumer rights and it, therefore, ensures the same level of protection of rights in line with other European legislation.
Where the dispute cannot be settled, the court in the location of residence of the Customer shall have exclusive jurisdiction.
The General Terms of Sale are amended from time to time also in view of any regulatory changes. The new General Terms of Sale will be effective from the date of their publication on the website www.martinomidali.com.
For any doubts in relation to the interpretation of the Contract and/or these General Terms, exclusive reference will be made to the version in Italian.