Terms of website
- Purposes and functionalities of the website
- Products and services; warranty disclaimer and limitation of liability
- Manifattura paoloni s.p.a.’s content
- Manifattura paoloni s.p.a.’s trademarks
- User's content
- Third party content
- Warranty
- Your use of the website
- Changes to the terms of use
Terms of sale
- Definitions
- Identification and obligations of the parties
- Object and conclusion of the contract
- Payment and refund methods
- Time and method of delivery
- Shipping costs
- Delivery
- Prices
- Product availability
- Limitations of liability
- Legal guarantee of conformity, liability for defects, proof of damage and compensable damages: the supplier's obligations
- Customer service
- Representations, warranties and obligations of the purchaser
- Right of withdrawal
- Protection of confidentiality and processing of purchaser's data
- Online dispute resolution
- Arrangements for archiving the contract
- Applicable law and competent court
- Scope, duration and effectiveness of the general terms and conditions
Terms of website
1) Purposes and functionalities of the website
We use the Website to promote and provide information on Manifattura Paoloni S.p.A. 's products and collections. Specific sections in our Website may contain and make available additional functionalities. For example, users may be required to register and open a personal account by inserting their data in order to be granted access to reserved areas and contents, inManifattura Paoloniserted in specific mailing lists to receive newsletters relating to Manifattura Paoloni S.p.A. 's products and initiatives, participate in marketing initiatives promoted by Manifattura Paoloni S.p.A. , create customized lists of favorite Manifattura Paoloni S.p.A. products and purchase Manifattura Paoloni S.p.A. products online, as well as for further purposes.
2) Products and services; warranty disclaimer and limitation of liability
The information on products and services are intended for merely descriptive or promotional purposes.
Although Manifattura Paoloni S.p.A. make any reasonable efforts to ensure that the information available on the Website
is accurate and constantly updated, Manifattura Paoloni S.p.A. does not make any representation nor give any warranty as to
the correctness, completeness, accuracy or currency of any information on the Website, including for example product descriptions,
indications on prices and/or availability thereof on the Website. We have made every effort to display as accurately as possible the appearance,
and particularly the colors, of our products included on the Website. However, the actual color you see will depend on your computer
settings and we cannot guarantee that your computer will accurately display our colors. The fact that certain products or services
are included on the Website does not imply any guarantee to use the service or to be able to buy the products through
the Website at a particular time and/or reference to the availability of the same. From time to time,
we may modify or remove, either temporarily or permanently, some of the products and/or services,
and related features and specifications, that are displayed on or made available through the Website,
or make changes to the applicable prices for any such product or services, or to the circumstances in which
we can modify and/or withdraw the products that we may be selling through the Website, without any notice to you.
To the maximum extent permitted by applicable law, Manifattura Paoloni S.p.A. shall in no event be liable for any damage or loss arising out of use of the Website and/or Manifattura Paoloni S.p.A. 's content or any information contained on or the products sold through the Website. Manifattura Paoloni S.p.A. shall not be liable for any indirect damage, whatever the cause, origin, nature and consequences thereof may be, including, without limitations, any cost borne due to loss of intangible goods caused by the use of the Website or by impossibility to use the Website or reliance on the information directly or indirectly made available through the Website. In any case, nothing in these Terms of Use excludes or limits Manifattura Paoloni S.p.A. ’s liability to you for wilful misconduct or gross negligence or for any other liability which may not be excluded or limited under any mandatory provision of applicable law. By using this Website, you agree that, in case of any dissatisfaction relating to this Website, any part thereof and or any product or service which may be made available through this Website, or any clause of these Terms of Use, the sole and exclusive remedy available to you shall be ceasing your use of the Website. Manifattura Paoloni S.p.A. disclaims any and all liability for the acts, omissions and conducts of any third parties in connection with or related to your use of the Website, including without limitation any liability for any third-party content, information, statement, available on or through the Website, under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. You finally agree to indemnify and hold harmless Manifattura Paoloni S.p.A. against any legal action, claim, complaint from any third parties, and related damages and costs, including any legal expenses (including reasonable attorney fees), caused by or connected to any irregular and/or unlawful use by you of the Website and/or Manifattura Paoloni S.p.A. ’s Content.
3) Manifattura Paoloni S.p.A. ’s content
All rights, titles and interests in and to the Website and all of its content, including, but not limited to, its software or HTML code and other computer code contained in both the Website’s back-end and front-end components, the Website’s visual user interface, text, graphics, scripts, artwork, photographs, images, designs, audiovisual materials and any other materials that form in any way part of the Website (collectively, "Manifattura Paoloni S.p.A. ’s Content") is owned by Manifattura Paoloni S.p.A. and/or its licensors, if any. All Manifattura Paoloni S.p.A. ’s Content is protected by national intellectual property laws, including but not limited to copyright, patent and trademark laws, and other laws and international treaty provisions on intellectual property rights. The use of the above mentioned intellectual property is allowed only for informative and private purposes. It is forbidden to copy, download, distribute, modify, create derivative works of, or extracts from, publish, or otherwise use or exploit such material without the prior written consent of Manifattura Paoloni S.p.A. or, as appropriate, other owner of the corresponding rights or unless that such activities are not expressly permitted by a notice or instructions on the Website. However, it is prohibited to reproduce the intellectual property on the Website for the purpose of sale, distribution for commercial purposes, insertion or posting on other unauthorized sites. The violation of laws protecting intellectual property will expose the infringer to civil and criminal liability.
4) Manifattura Paoloni S.p.A. ’S trademarks
All trademarks, whether registered, unregistered or under registration, in Italy or abroad, trade names, logos, brand names and product names used, displayed or in any way included on the Website ("Manifattura Paoloni S.p.A. ’s Trademarks") are the exclusive property of Manifattura Paoloni S.p.A. or of its licensors, if any. These Terms of Use do not entitle you in any way to use Manifattura Paoloni S.p.A. ’s Trademarks and we remind you that the use by you of Manifattura Paoloni S.p.A. ’s Trademarks in any manner is strictly prohibited. Manifattura Paoloni S.p.A. reserves the right to take any legal action to protect their rights in the event of misuse.
5) User’s content
Any content, file, document, feedback, comment, suggestion, idea, data, information, image, picture and generally any materials that you submit to the Website or to Manifattura Paoloni S.p.A. with reference to this Website or to the use of this Website or any part or section thereof (“User’s Content”) shall be deemed non-confidential and non-proprietary. We reserve the right to use such User’s Content on an unrestricted basis, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. Manifattura Paoloni S.p.A. shall have the unlimited right to use any ideas, concepts, know-how, or techniques received by Manifattura Paoloni S.p.A. as User’s Content, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products based on such information, and without the user who submitted, created and/or realized the relevant User’s Content being entitled to receive any compensation. Manifattura Paoloni S.p.A. thus invites you not to send us through the Website any content, item or information that may fall within the aforementioned categories and/or that you consider to be confidential or proprietary.
6) Third party content
The Website may contain, use or display content created by third parties, information obtained from public sources and/or links to external web sites or webpages operated by third parties ("Third Party Content"). Manifattura Paoloni S.p.A. does not control or monitor such Third Party Content and is not responsible or liable for the accuracy, security or reliability of any Third Party Content and cannot and does not guarantee that such Third Party Content will not contain any virus or any other functionalities suitable to damage the users’ data and/or property. Any link or reference to any Third Party Content connected to the Website is not and shall not be construed in any way as an endorsement by Manifattura Paoloni S.p.A. of the linked or referenced Third Party Content. Access to any Third Party Content is at your own risk and Manifattura Paoloni S.p.A. will have no liability to you for any loss or damage that you may suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Content or caused by or in connection with any purchase of goods or services available on or through any such Third Party Content. In case you access, in any form or manner, and for any purpose, such Third Party Content, Manifattura Paoloni S.p.A. invites you to immediately review the terms and conditions regulating the use of the relevant Third Party Content.
7) Warranty
You acknowledge and agree that the use of the Website is at your own sole risk and you are entirely responsible for your use of the Website and any Third Party Content. Manifattura Paoloni S.p.A. takes all measures necessary to reduce, as reasonably possible, the risk that the Website and Manifattura Paoloni S.p.A. ’s Content contain any viruses and defects. However, Manifattura Paoloni S.p.A. cannot guarantee that your computer equipment, hardware or software or any data stored or created by your computer equipment, hardware or software will not be damaged, corrupted, lost or otherwise affected if you access or use the Website or any Content. You are responsible of procuring the technological, computer and telecommunications means, as well as acquiring the knowledge, necessary to access and use the Website and Manifattura Paoloni S.p.A. ’s Content and for the related costs and expenses. Manifattura Paoloni S.p.A. does further not warrant that the Website or any Manifattura Paoloni S.p.A. ’s Content, service or feature of the Website will be uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and the Content are delivered on an “as is” and “as available” basis. In addition, Manifattura Paoloni S.p.A. disclaims all warranties, express or implied, including any warranty of accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose.
8) Your use of the website
You are permitted to use the Website and Manifattura Paoloni S.p.A. ’s Content for your personal and non-commercial use only and always in compliance with these Terms of Use and with all the applicable laws and regulations. You acknowledge and agree that you may not and may not permit, assist or allow any third party to: (a) copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute this Website or any Manifattura Paoloni S.p.A. ’s Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, web site; (b) access or use this Website or any Manifattura Paoloni S.p.A. ’s Content for any commercial purposes, including any advertising or advertising revenue generating activity on your own or any third party’s web site, platform or other online space or means; (c) use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or the Manifattura Paoloni S.p.A. ’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any Manifattura Paoloni S.p.A. ’s Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies; (d) access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any Manifattura Paoloni S.p.A. ’s server to which you are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means; (e) probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website; (f) breach the protection, security or authentication measures on the Website; (g) reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website, or any other customer, or carry out any similar activity; (h) exploit or use the Website, any Manifattura Paoloni S.p.A. 's content, or any service or information made available or offered by or through the Website for any unlawful purposes or for any purposes not allowed by these Terms of Use or solicit the performance of any illegal activity or other activity which infringes the rights of Manifattura Paoloni S.p.A. or others; (i) take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website; (l) use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website. Manifattura Paoloni S.p.A. reserves the right to discontinue or suspend your access or use of the Website, without notice, if (I) we reasonably deem you have violated the Terms of Use, or (II) we reasonably deem such a measure necessary for security reasons.
9) Changes to the terms of use
Manifattura Paoloni S.p.A. reserves the right to change, modify, revise, add or remove any part of these Terms of Use by updating this document, at any time and without prior notice to you. Changes to these Terms of Use will be communicated by placing a notice on this Website. We thus invite you to check these Terms of Use periodically. If you do not agree with any of such changes, you must immediately cease your access or use of the Website. By continuing the use of the Website following the posting of changes you accept and agree to the changes.
Terms of sale
The terms of sale indicated below ("Terms of sale") apply to all the sales and deliveries of the Manifattura Paoloni S.p.A. ' s products (the "Seller"), performed by the company Drop S.r.l. (the "Supplier", as defined below). The present terms and conditions of sale must be carefully examined by the Purchaser before completing the purchase procedure. By requesting an order the Purchaser accepts the present Terms of sale and undertakes to respect them in its relations with the Supplier, who is not bound by terms and conditions other than the following.
1) Definitions
The term "Purchaser" is understood to mean the consumer natural person who makes the purchase, as referred to in this contract, for purposes not related to any commercial or professional activity carried out.
The term "Supplier" shall mean the entity producing and/or supplying the goods covered by this contract.
The term "Seller" means the person who performs the sale of the Supplier's goods covered by this contract.
The expression "online sales contract" means the sales contract relating to goods produced and/or supplied by the Supplier, entered into between the Seller and the Purchaser within the scope of a distance sales system using telematic tools, organised by the Seller itself and governed by Legislative Decree No. 70 of 9 April 2003, on electronic commerce and, in part, by Articles 50 et seq. of Legislative Decree No. 206 of 6 September 2005 ("Consumer Code") and subsequent amendments and additions.
2) Identification and obligations of the parties
Buyer:
He expressly declares that he is making the purchase for purposes unrelated to his commercial or professional activity and undertakes not to trade in the purchased goods.
Supplier:
The goods subject to the purchase governed by these general conditions are produced and/or supplied by MANIFATTURE PAOLONI S.p.A., with registered office in Appignano (MC), via E.Fermi n.17, Tax Code, VAT number and registration number with the Marches Register of Companies 0082172000430.
Seller:
The goods subject to the purchase governed by these general conditions are offered for sale by DROP SRL, with registered office in Montegranaro (FM), via Sandro Pertini n.1, tax code, VAT number and registration number with the Marches Register of Companies 01383870431, telephone number: +39.0733.779539, e-mail customercare@drop.it, which manages the website www.manuelritz.com.
3) Object and conclusion of the contract
With the present contract, respectively, the Seller sells and the Buyer purchases at a distance by telematic means only the goods indicated and offered for sale on this site.
The contract between the Seller and the Purchaser is concluded exclusively via the Internet through the Purchaser's access to the address on this site, where, following the procedures indicated, the Purchaser will formalise the proposal for the purchase of the goods offered for sale.
The purchase contract is concluded by means of an irrevocable order from the Purchaser by completing and sending the order form online, which will be displayed on the order summary web page, which can be printed, in which the Purchaser's details and order details, the price of the goods purchased and shipping costs, the payment methods and terms, and the address where the goods will be delivered are indicated. When the Seller receives the order from the Buyer, it will send a confirmation e-mail and/or display a printable web page confirming and summarising the order, which also contains the data entered by the Buyer in the order form. The order confirmation email (or the order confirmation and summary web page) produced by the Seller's computer system does not produce any legal obligation, since it is merely an order summary.
The contract shall only be deemed to be concluded and effective between the parties upon execution of the order and issuance of the relevant invoice, the Seller having the option, until such time, to refuse the order.
In order to purchase and use additional services, the user can register on the site by creating an account and approving these General Conditions together with the Privacy Policy. Failure to accept the General Conditions will result in the inability to register as a user.
Registration on the site is free of charge. The user declares that the data provided when registering on the site are correct, complete and true. When registering, the user must also enter a password of his choice. Registration will be confirmed by e-mail to the address provided by the user during registration. The user guarantees that the password for access to the site will be used exclusively by the user and will not be passed on to third parties. If the user should become aware of undue use of the password by any third party, he must immediately inform the Seller by sending an e-mail to the following address customercare@drop.it. In any case, the user may change his password at any time by clicking on the link https://www.manuelritz.com/it_en/customer/account/forgotpassword/ . An email will then be sent to him/her to set the new password.
The data entered when ordering and registering will be processed in accordance with the provisions of current privacy legislation.
Purchases on the Site can also be made as a guest, without creating an account. In this case, the purchaser must (i) correctly complete the fields of the appropriate form on the Site, entering all the data requested therein (by way of example but not limited to: name, surname, billing and delivery address, e-mail address), (ii) confirm that he/she has read the privacy policy on the Site and provide any additional consent and (ii) accept these General Conditions.
DROP Srl reserves the right to refuse, at its sole discretion, registration to the site as well as the right not to accept orders from anyone, if the same are abnormal in relation to the quantity of products purchased.
4) Payment and refund methods
The Seller accepts advance payment for the products ordered by means of the main credit cards (Mastercard and Visa circuits) and PayPal . Credit card details are handled directly by Adyen or by other banks specialised in handling online payments; PayPal details are handled directly by PayPal. The information is encrypted using the latest generation of encryption systems that prevent it from being used by third parties and is not shared with the Seller, but is sent directly to the bank or to PayPal.
The Seller reserves the right to request the bank issuing the credit card (or Paypal) to verify the genuineness of the ownership of the card itself in case of problems. At the end of this verification, in the event of a positive outcome, we shall proceed with the procedure to conclude the contract and the delivery of the order placed, if there are no further obstacles.
Any reimbursement to the Purchaser, if the latter is entitled to it, will be made using the same payment method used to pay for the purchase order. In the event of non-acceptance of the order, the Seller shall refund the Purchaser, as soon as possible, all sums paid, it being understood that refunds shall be processed in the time and manner provided by the manager of the payment instrument used. In the event of withdrawal, the refund shall be credited within 14 (fourteen) days from the date of communication of the withdrawal.
It should be noted that in the case of online sales, pursuant to Article 22 of Presidential Decree No. 633 of 26/10/1972 and Article 2, letter oo) of Presidential Decree No. 696 of 21 December 1996 (as confirmed by Resolution No. 274/E of 5 November 2009), the Seller is not required to issue an invoice (nor a receipt) to the consumer purchaser. However, the Purchaser may request the Seller to issue a fiscal invoice, if he so wishes, during the purchase procedure. In this case, the Seller shall send the requested invoice to the e-mail address indicated during registration or purchase as "guest". If the invoice is not requested during the purchase procedure, it cannot in any case be requested and issued afterwards. If the purchaser does not request the issuance of an invoice, the Seller shall nevertheless send a purchase receipt both in digital form to the e-mail address indicated during registration and in hard copy inside the shipping package. This receipt has no fiscal validity and is only useful for assistance or warranty purposes.
The invoice is issued on the basis of the information provided by the purchaser when placing the order. After the invoice has been issued, it will not be possible to modify the data indicated, so we invite the purchaser to carefully check the data entered before sending the order.
5) Time and method of delivery
Order processing times may vary from the day the order is placed to a maximum of 5 working days, within which time the order is accepted, execution of the order begins and the invoice is issued.
The Supplier and the Seller shall ensure - via the telematics system used - that orders are processed and fulfilled within the timeframe specified in the purchase.
Delivery times are in any case not binding, as they may vary depending on the country of destination, on the management and organisational timing of order processing, as well as on factors not directly controllable by the Seller and not attributable to it; the Buyer declares to be informed of and to accept these circumstances.
In the event that the Seller is not able to dispatch the goods within the terms specified in the purchase phase, it will promptly notify the Purchaser by e-mail, indicating the term within which the order will be processed.
6) Shipping costs
The Seller ships goods all over the world except to China. Shipping costs vary depending on the destination countries and shipping methods chosen and will be calculated and indicated in the purchase procedure before the Purchaser submits the order, as well as shown on the web page summarising the order placed.
The goods are shipped DDP (Delivery Duty Paid) to EU countries, meaning that in these destinations the goods will arrive directly at the indicated delivery location without having to pay any additional amount over and above what has already been paid when the order is placed and sent.
For all other countries DDU (Delivery Duty Unpaid) is used, so the courier may come with a separate invoice requesting payment of duties and taxes required by local authorities. Buyers residing in non-EU countries are advised to enquire about local taxes and duties before placing an order with the Seller.
7) Delivery
At the time of delivery, the Purchaser must check that the number of packages corresponds to that resulting from the transport documents and that the packaging is intact and without signs of damage, tampering or alteration. If this check is unsuccessful, the Purchaser shall immediately make the appropriate complaints to the courier, refusing the delivery or accepting it with a written reservation on the transport document. Failing this, once the courier's document has been signed, the Buyer may not object to the external characteristics of the goods delivered. Furthermore, the Purchaser must inform the Seller of the incident by contacting Customer Service at the following e-mail address customercare@drop.it, no later than 8 (eight) days from the date of delivery of the product, to report any problems concerning the physical integrity, correspondence or completeness of the products received. This is without prejudice, in any case, to the Purchaser's right to the legal guarantee of conformity referred to in Article 11 below and the right of withdrawal referred to in Article 14 below.
8) Prices
The sales prices indicated on the site are expressed in Euros and are inclusive of VAT, if applicable, depending on the country in which the products are shipped. The sales prices applicable to the Purchaser are those published online at the time the purchase order is submitted. These prices may be subject to change without prior notice. It is the Buyer's responsibility to check the final price before submitting the purchase order. The Seller reserves the right to apply different sale prices depending on the country in which the products are shipped. All product prices on the Website are exclusive of shipping costs.
In the event of a recognisable error in the indication of the price of a good or in the calculation of the amount requested in payment, the Seller will not accept the order and will contact the Buyer to enable him to transmit the purchase order with the correct amount.
9) Product availability
Only the goods in the catalogue published on the Site and available at the time of the purchase order by the Purchaser may be purchased. The catalogue of goods may be periodically updated, therefore the Seller does not guarantee that any goods are still available or that all sizes/colours/versions of any goods in the catalogue are available.
The goods present on the Site are available until sold out. If, although selectable, the chosen goods are temporarily unavailable, the Seller will promptly notify the Purchaser by e-mail to the address provided by the same, indicating when the goods will be available again and the estimated delivery date, asking the Purchaser whether or not he intends to confirm the purchase order.
In the event of permanent unavailability of the goods, Drop will promptly notify the Purchaser by e-mail and Drop will refund the amounts paid by the Purchaser.
10) Limitations of liability
The Seller accepts no liability for inefficiencies attributable to force majeure, in the event that it is unable to execute the order within the time stipulated in the contract. The Seller shall not be held liable to the Purchaser, except in the case of fraud or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its sub-suppliers. Furthermore, the Seller shall not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to him, the Purchaser having the right only to a full refund of the amount paid. The Seller accepts no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards when paying for purchased products, if it can prove that it has taken all possible precautions based on ordinary diligence.
11) Legal guarantee of conformity, liability for defects, proof of damage and compensable damages: the supplier's obligations
Goods sold through the site to the Purchaser (consumer) are covered by the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code ("Legal Guarantee"). In order to benefit from the guarantee, the Purchaser must keep and present the invoice (or the purchase receipt or delivery note) he will receive at the time of delivery.
The Legal Warranty may be requested for any lack of conformity existing at the time of delivery of the goods, provided that the lack of conformity became apparent within the term of 2 (two) years from delivery. The Purchaser must report the lack of conformity by contacting Customer Service at the e-mail address indicated in Article 12; the report must contain: the order number; the date of shipment and delivery of the goods (date of the shipping note); an accurate and complete description of the defects or faults complained of; photographs of the non-conforming goods with details of the fault; the name and contact details of the person to contact for any communications. The Customer Service will reply to the Purchaser's communication, giving him, if necessary, instructions for shipping the defective goods.
The "lack of conformity", by express provision of law, exists when the purchased goods:
- is not suitable for the use for which goods of the same type are normally used;
- does not conform to the description made by the Supplier and does not possess the qualities of the good that the Supplier has presented to the consumer as a sample or model;
- does not have the usual qualities and performance of goods of the same type, taking into account also claims made in advertising or on labelling;
- is not suitable for the particular use intended by the consumer if brought to the attention of the Supplier and/or Seller at the time of purchase.
The Supplier reserves the right to verify the validity of the claims at its premises or by examining the photographs attached to the complaint email. The Supplier shall bear the shipping costs for collecting the defective goods.
The Purchaser may, at its discretion, request that the goods be repaired or replaced, without charge, unless the remedy chosen is objectively impossible or excessively onerous compared to the other, taking into account all the circumstances and, in particular, those listed in Article 135-bis, paragraph 2, of the Consumer Code.
The Supplier may refuse to bring the goods into conformity by repair and replacement if repair and replacement are impossible or if the costs that the Supplier would have to bear are disproportionate, taking into account all the circumstances, including those referred to in Article 135-bis (2) a) and b) of the Consumer Code.
The Purchaser may, at his discretion, demand an appropriate reduction in the price or termination of the Contract if one of the following situations occurs: (i) the Supplier has not carried out the repair or replacement or has not carried out the repair or replacement, where possible, pursuant to Article 135-ter, paragraphs 1, 2 and 3 of the Consumer Code or has refused to bring the goods into conformity; (ii) a lack of conformity becomes apparent despite the Supplier's attempt to restore the conformity of the goods; (iii) the lack of conformity is so serious as to justify the immediate reduction of the price or termination of the contract of sale; (iv) the Supplier has declared or it is clear from the circumstances that he will not restore the conformity of the goods within a reasonable period or without significant inconvenience to the consumer Customer.
The Purchaser shall not be entitled to terminate the contract if the lack of conformity is minor.
If, after taking back the goods, the conformity defect reported is found to exist, any transport, repair or replacement costs shall be borne by the Supplier. If this is not the case, i.e. if it is found that the conformity defect reported does not exist or that the conditions for the applicability of the Legal Warranty are not met, the Legal Warranty shall not apply and all transport costs and the costs associated with the verification of the alleged conformity defect shall be borne by the Purchaser, who shall be notified thereof.
The Buyer acknowledges and accepts that any defects or damage occurring after delivery of the goods, such as those caused by improper use by the Buyer or third parties, are not covered by the Legal Warranty.
The Supplier and the Seller shall not be liable for the consequences of a defective product if the defect is due to the product's compliance with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow the product to be considered defective. No compensation shall be due if the aggrieved party was aware of the product's defect and of the danger arising therefrom and nevertheless voluntarily exposed itself to it. In any event, the aggrieved party must prove the defect, the damage and the causal connection between the defect and the damage. The aggrieved party may seek compensation for damages caused by death or personal injury or by the destruction or deterioration of a thing other than the defective product, provided that it is of a kind normally intended for private use or consumption and so principally used by the aggrieved party. However, damage to property as per article 123 of the Consumer Code shall only be indemnifiable to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
12) Customer service
The Customer Service, which the Purchaser can contact for any information, assistance or complaints, can be reached by e-mail at shoponline@manuelritz.com or by telephone at (+39) 02 87197504.
13) Representations, warranties and obligations of the purchaser
The Buyer declares and guarantees: that he/she can legitimately accept these General Conditions; that he/she is of legal age; that the personal data and other information communicated to the Seller when registering on the site or purchasing goods are true, correct and up-to-date; that he/she will use the site in compliance with any applicable legal provision or regulation, refraining from any form of direct and/or indirect use of the site that is contrary to the law, to these General Conditions or detrimental to the rights of third parties.
The Seller reserves the right to verify the information provided at any time and by any means at its disposal, including by requesting appropriate supporting documentation from the Buyer and, in the event of a breach, to close or suspend the Buyer's account.
The Buyer undertakes to indemnify and hold harmless the Seller against all liabilities, actions, costs, expenses and claims that may arise from the breach by the Buyer of the representations and warranties referred to in this article, without prejudice in any case to the Seller's right to terminate the contract with immediate effect pursuant to article 1456 of the Civil Code.
The Purchaser undertakes to pay the price of the goods purchased in the time and manner indicated in the contract. Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep the order confirmation email or the web page containing the order data. All the information contained in these General Conditions of Sale have, moreover, already been viewed and accepted by the Purchaser, who acknowledges this, since at the time of finalising the order or creating a personal account on the site, a reference to this web page is shown and acceptance of the General Conditions of Sale is requested as necessary.
14) Right of withdrawal
Pursuant to Articles 52 et seq. of Legislative Decree no. 206/2005 and subsequent amendments, the Purchaser has the right to withdraw from the contract, without having to give any reasons, within 14 (fourteen) days from delivery of the goods, or from the day on which the Purchaser or a third party designated by him acquires physical possession of the goods. If the Purchaser has purchased several products in a single order, the withdrawal period shall expire 14 (fourteen) days after delivery of the last good. Withdrawal is not allowed for the types of products for which this is expressly excluded pursuant to art. 59 of Legislative Decree no. 206/2005 and subsequent amendments (for example, for goods made to measure or clearly customised).
To exercise the right of withdrawal, the Purchaser, in accordance with art. 54 of the Consumer Code, must notify the seller using the appropriate form in the area reserved to the Purchaser on this website. If the Purchaser is not registered, he can request the return by clicking on: https://www.manuelritz.com/it_en/returns/guest/new/ .Upon receipt of the request for withdrawal, the Seller shall promptly notify the Buyer by email of an acknowledgement of receipt.
In the event of withdrawal, the Buyer shall be refunded all sums paid for performance of the Contract, including delivery costs, without undue delay and in any event not later than 14 (fourteen) days from the day on which the Seller was informed of the Buyer's decision to withdraw from the Contract. Such refunds shall be made using the same means of payment used by the Buyer for the initial transaction.
Unless the Seller has offered to collect the goods to which the Purchaser has exercised his right of withdrawal, the Purchaser shall return or deliver the goods to the Seller without undue delay and in any event within 14 (fourteen) days from the day on which he has notified the Seller of his wish to withdraw from the Contract. The term is considered respected if the Purchaser sends back the goods before the expiry of the 14 (fourteen) days period to the following address: Manifattura Paoloni S.p.A. - Via E.Fermi, 17 - 62010 Appignano (MC) - Italy.
The costs of returning the products shall be borne by the Buyer.
Please note that fine leather products subject to C.I.T.E.S. (Convention on International Trade in Endangered Species of Wild Flora and Fauna signed in Washington in 1973) certification, delivered outside the territory of the European Union, can only be returned if accompanied by the certificate issued by the competent body. The Buyer who intends to return this type of goods shall therefore be required to obtain the necessary documentation for the return of the goods and to bear the relative costs, which in no case can be considered to be at the Seller's expense.
Unless the Seller has offered to collect the goods himself, the Seller may suspend reimbursement of the price of the goods until receipt of the goods or until the Buyer has demonstrated that he has returned the goods, whichever is sooner.
The Purchaser shall return the goods in an intact, undamaged condition, with original labels not removed and in the original packaging. The packaging of the goods must be accurate, in order to safeguard the original wrapping from damage, affixing of writing or labels.
In the event of forfeiture of the right of withdrawal due to expiration of the terms or in the event that the returned goods cannot be accepted because they do not comply with the conditions of this article, the Seller will provide for the relative communication by registered letter with return receipt; the goods, if already returned, will remain available to the Purchaser at the Seller's warehouse for a period of 30 (thirty) days from the date of sending the registered letter. After this period, the Seller undertakes to return the goods to the Purchaser by courier. Shipping costs and the price of the goods, if already reimbursed, will be charged to the Purchaser.
15) Protection of confidentiality and processing of purchaser's data
The data controller of the Purchasers' personal data is MANIFATTURE PAOLONI S.p.A. (the Supplier).
DROP Srl processes the Purchasers' personal data in its capacity as Data Processor, appointed for this purpose pursuant to Article 28 of EU Regulation 2016/679.
The purposes and methods of processing are specified in the Privacy Policy published on the website and available at the following link https://www.manuelritz.com/it_en/cgv.
16) Online dispute resolution
The Buyer has the option of using the platform established by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). Through the ODR platform, the Buyer and the Seller may resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
17) Arrangements for archiving the contract
Pursuant to Article 12 of Legislative Decree 70/03, the Seller informs the Buyer that each order sent is stored in digital form on the server where the site resides according to criteria of confidentiality and security.
18) Applicable law and competent court
These General Terms and Conditions are governed entirely by Italian law.
Any dispute arising between the parties in relation to the validity, interpretation, execution and termination of these General Conditions or of each contract shall be the exclusive jurisdiction of the Court of the place of residence or domicile of the consumer, if located in the Italian territory. If the Purchaser is not resident or not domiciled in Italy, but in any case in an EU country, for any dispute that may arise between the Seller and the Purchaser regarding the interpretation of the General Conditions and the execution of the contract, in the case of an action brought by the Seller, the latter shall refer to the Court of the place of domicile of the consumer; in the case of an action brought by the Purchaser, the latter may refer either to the Italian Court or to the Court of the place where the Purchaser is domiciled. If the Purchaser is not resident or does not have his domicile in an EU country, for any dispute that may arise between the Seller and the Purchaser regarding the interpretation of the General Conditions and the execution of the contract, in the event of an action brought by the Seller, the latter may choose between the Court of Fermo or the Court of Milan, alternatively; in the event of an action brought by the Purchaser, the Court of Milan shall have exclusive jurisdiction.
19) Scope, duration and effectiveness of the general terms and conditions
These General Conditions apply irrespective of the Buyer's nationality, provided that the products are delivered in one of the countries in which the online sales service operates.
By accepting these General Terms and Conditions when purchasing goods on the site or creating a personal account, the Buyer declares that he has carefully read their content and undertakes to comply with their provisions. The Buyer may not purchase goods through the site or create an account on the site if he does not accept these General Conditions.
The Seller reserves the right to make changes to these General Conditions from time to time, where such changes are necessary to ensure compliance with new legal provisions, for technical reasons, to adapt them to the sales models adopted by the Seller or to better protect the rights of the parties. The most recent version of the General Conditions is published from time to time on the website. In any case, the version of the General Conditions in force at the time the order is placed applies to each purchase.