- General Terms and Conditions
These general terms and conditions of sale (the “General Terms and Conditions”) govern the purchase of products online through the website “www.masciabrunelli.com” (the “Site”). The supplier of the products and owner of the Site is the company Mascia Brunelli S.p.a., with registered office in Milan, via Monza 272, 20128, VAT n. 05985320158 (the “Supplier”).
Any and all the transactions performed through the Site shall be governed, where applicable, by the legislative decree n. 206/2005, and following amendments and reviews (the “Consumer Code”), by the legislative decree n. 70/2003 (implementing Directive 2000/31/CE) concerning consumers’ protection with respect of distance agreements) and, as far the protection of personal data is concerned, by the General Data Protection Regulation.
These General Terms and Conditions shall be applied in any and all the commercial transactions between the Supplier and the consumers who use the Site to purchase goods and products (“Client” or “Clients”).
Client shall therefore, before submitting any order, read carefully these General Terms and Conditions which were published on the Site and that will be available at any time.
Submitting the relevant acceptance of order, Client expressly and unconditionally accept and shall abide, vis-à-vis the Supplier, the General Terms and Conditions, and declares to have read, reviewed and accepted such General Terms and Conditions very carefully.
The products sold through the Site are only for Clients consumers and not to other suppliers, re-sales, professionals who are intentioned to re-sale the products.
- Purchase Orders
The features and the price of the products which are for sale on the Site (the “Product” or “Products”) are indicated in the web page of the Product itself.
To purchase the Product, the Client shall complete and submit the purchase order form, following the instructions provided in the Site. Client shall add the Product to the “Shopping Cart”, afterwards Client shall insert all the information to log in and to delivery address, choose the payment mode and confirm the order only after having read and accepted the General Terms and Conditions and the Privacy Policy.
Submitting the purchase order within the Site, which has contractual nature, the Client acknowledge and state to have read all the indications and information provided during the transaction procedure and to accept these General Terms and Conditions.
The contract shall be considered entered into with the acceptance of the purchase order by the Supplier. Such acceptance will be communicated to the Client with an e-mail confirming the order, with a list of the ordered Products and a short indication of the features and the price, including delivery expenses.
Client is required to check the e-mail of confirmation and, in case of any error, will have 14 days from the receipt of such e-mail to contact the Client Contact Service, sending an e-mail to the address indicated below under Article 12. Elapsed such period of time, the Supplier shall not accept any further change in the purchase order.
As soon as the Supplier will receive the purchase order, Supplier will ascertain the availability of the Products. In case one or more Products will not be available, Supplier shall be entitled to perform a partial delivery and supply only the available Products. The expenses of delivery shall be calculated on the value of the partial order and will be charged only once.
In case of partial order, the amount of purchase price connected to the non-available Products shall be reduced from the total amount, depending on the mode of payment.
- Products information
The information and the features concerning the Products are available on the Site.
The images of the Products on the Site, where available, are for reference only and they are not strictly adherent with the features and quality of the Products which may slightly differ for color and size.
- Purchase price and delivery costs
All the prices of the Products are those listed in the Site when the purchase order is submitted. All the purchase prices of the Products are in Euro and include VAT. Please check the web page dedicated to terms of delivery and costs.
Delivery costs will be charged only once even if, due to technical or logistic reasons, the delivery will be performed in more steps.
- Terms and methods of payment
Payment shall be performed with credit card (Visa, Mastercard, American Express), Paypal. Supplier shall be entitled to accept or not different payment methods.
- Credit card
In case of payment with credit card, within 2 days from the day the purchase order has been processed, the amount due will be charged.
- PayPal
In case of payment with PayPal shall be performed immediately, in connection with the submittal of the purchase order.
To benefit of a discount, Client shall ascertain the relevant requirements (minimum value of the purchase order, expiry date of the discount/offer, etc.). No more than one discount may be applied to each purchase order and, viceversa, each discount can be used only one time. Discounts shall not be valid after expiry date and shall not be assigned to any third party.
- Delivery
Products purchased on the Site shall be delivered to the address specified by the Client, upon submission of the purchase order, in the relevant delivery details area.
Save for force majeure events, Supplier shall organize delivery of the Products ordered by the Client to the address specified by the latter. The purchase order will be submitted directly to the warehouse and the delivery process shall start within the following 48 hours. Usually, the delivery of the Products shall take 1 or 2 working days. Delivery terms for South Italy and islands may be longer and take 3 or 4 working days. Delivery terms concerning delivery outside Italy shall be determined in connection with the address of delivery. More information are available in the relevant page of the Site.
- Withdrawal
Client is entitled to withdraw from the purchase order submitted, without providing any explanation, within 14 days from the day he/her received the Product ordered. In this framework, Supplier will accept the return of any Product, integral and in the relevant intact package, reimbursing the whole amount, with the exclusion of the packaging and delivery costs which will be borne by the Client, in compliance with applicable law. Reimbursement of the purchase order shall occur within 10 days from the day of receipt of the Products.
Reimbursement of the purchase order shall occur using the same payment method used by the Client, unless the latter has expressly agreed differently with the Supplier and provided that the latter shall not bear any additional cost.
The right to withdraw shall not apply in case of supply of Products in boxes which cannot be returned for hygienical reasons or connected to the protection of health and that have been opened after delivery or Products that are mixed with other goods.
Should the Client receive a damaged Product, Supplier shall replace it (same article), after due notice by the Client sent using the form specifically dedicated in the contact section. In case of damaged goods, the Customer Service will organize the withdrawal of the Products.
The Supplier shall be entitled to withhold the reimbursement until it has received the damaged Product or until the Client has provided appropriate evidence that it has delivered the Product to the Supplier, whichever circumstance occurs first. The Client is obliged to return the Products to the Supplier within 14 days from the day on which withdrawal has been notified. Client must bear the costs for returning the Products. Furthermore, the Client could be held responsible for the decrease in the value of the Products resulting from any manipulation of the Products.
Products shall be delivered to the following address:
Mascia Brunelli SpA
Viale Monza 272
20128 Milan
Italy
- Warranty and defects
The warranties of the Product are those recognized to the Client by the applicable the law.
In case of defects and / or lack of conformity of Products sold by the Supplier through the Site, the Client must immediately contact Customer Service using the appropriate contact form available on the Site in the “Contact” section and, in any case, within the expiry terms provided by law.
- Limitations of liability
The information concerning the Products and those that are provided on the Site are constantly updated. However, it is not possible to guarantee the complete absence of errors. In this regard, the Supplier shall not be considered responsible, except in cases of willful misconduct or gross negligence.
The Supplier reserves the right to correct any errors, inaccuracies or omissions on the Site even after purchase order has been submitted, or to change or update the information at any time without prior notice, without prejudice to the rights of the Client pursuant to of these General Conditions and of the Consumer Code.
Except for fraud or gross negligence, any right of the Client to compensation for damages or the recognition of reimbursement of any kind is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to persons and / or property caused by non-acceptance or processing, even partial , of a purchase order.
No content on the pages of the Site should be understood as advertising material, intended to influence in any way a purchase decision.
- Retention of ownership
Until payment received from the Supplier, the Products remain the property of the latter.
- Security of personal data
Please find all the information concerning the protection of your personal data in the “Privacy Policy” in the Site.
- Site managers
Mascia Brunelli SpA
Viale Monza 272
20128 Milan
Represented by:
Massimo Brunelli
Company headquarters: Milan Mi
VAT number: 05985320158
Contacts:
- Customer Service
You can contact Customer Service at any time using the fomr located in the Contact section.
- Online resolution of consumer disputes (ODR)
For European Clients, the European Commission has made available to all residents in Europe an instrument dedicated to alternative dispute resolution. (Https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage).
- Applicable law and jurisdiction
The sales contract between the Client and the Supplier is executed in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or termination of these General Conditions and/or any purchase order, pursuant to the Consumer Code, the court of residence or domicile if located in the Italian territory of the Client; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, any other competent forum excluded.