Sales terms and conditions
- The General Conditions of Sale published herein shall govern the agreement of sale (hereinafter “Agreement”) to users of the website (hereinafter the “Customer” or “Purchaser”), through electronic means, of goods (hereinafter “Item” or “Goods”) displayed on the website materianuda.com (hereinafter, the “Website”), managed by CINZIAROSSI – with headquarters in Roma, Via Dei Traghetti 111 – 00121 ROMA (RM), VAT N.: 03440270928 (hereinafter “CINZIAROSSI”).
- The General Conditions of Sale published on the Website shall be viewed and acknowledged by the Customer prior to the purchase of an Item; by sending the purchase order, the Customer acknowledges having reviewed and accepted said conditions.
- Moreover, Customers will benefit from the protection provided for in the event of entering into distance agreements pursuant to Title III, Section II, of the Legislative Decree No. 206 of 6 September 2005 (“Consumer Law”), as well as all further statutory protections set out for Customers under the same Consumer Law http://www.codicedelconsumo.it/.
- The sections “Shipping and Delivery”, “Returns and Exchange”, “Payment” on the Website shall be considered to be an integral and substantial part of these General Conditions of Sale.
2. Conclusion of the Agreement
- To place an order proposal for one or more products on materianuda.com, the Customer must fill out the online form and send it electronically to materianuda.com, following the relevant instructions.
- In particular, the steps to proceed with a purchase are as follows:
- The Customer may have free access to the Website and view the main features of the displayed Goods, including their price, as well as the images published to illustrate the Goods themselves;
- The Customer can select one or more Goods which he/she intends to purchase, by including them in a virtual “shopping cart”. The contents of the shopping cart can always be viewed by the Customer prior to placing the order; moreover, by accessing the shopping cart.
- The Customer can find out, before buying and paying, any information related to the purchase of the Goods, including shipping charges and estimated delivery times;
- To make the purchase, the Customer may register an account on the site, by providing their e-mail address and choosing a password, which will allow the Customer to access the Website;
- As an alternative to the Website registration, the Customer will be able to make the purchase as a guest. In this case, the data required to complete the order will be kept in materianuda.com‘s database, and the Customer will be asked to enter the same data for each new order;
- In order to complete the order, the Customer shall also enter the shipping address and data required for payment in the “shopping cart” section;
- The Customer may change the selected Goods and data entered up until the final submission of the order, which takes place by selecting the “Payment” button.
- The Customer can make payment by credit card. Check the “payment” section of the Website for more informations over payment methods.
- Once the purchase order has been received, materianuda.com will send an order confirmation receipt to the Customer’s e-mail address containing a summary of the information in relation to the purchase and will proceed with the order itself. In any case, the order shall be deemed to be accepted and, consequently, the agreement shall be deemed to be concluded when the Customer receives the order confirmation to the e-mail account provided.
- The Agreement will be stored electronically by materianuda.com and sent to Customer e-mail address.
3. Rights and Obligations of the Parties
- materianuda.com will carry out the delivery of the Goods to the address provided by the Customer in the purchase order, using a dedicated carrier.
- materianuda.com assumes no responsibility for any errors in delivery due to inaccuracies or incompleteness when filling in the purchase order by the Customer, or for any damage incurred by the Goods after delivery by the carrier, or for any delivery delays caused by the carrier, weather conditions, international customs issues or by other circumstances which are beyond materianuda.com’s control.
- In the event that one or more Goods are unavailable, materianuda.com will notify the Customer by sending an e-mail to the e-mail address he/she provided at the time of registering on the Website. In this case, materianuda.com will refund the Customer – by crediting the Customer’s payment card or account provided for purchase – for the sale price and also, where the purchase relates only to the one Item which is unavailable, the shipping costs. Subject to the Customer’s consent, materianuda.com may send an Item other than the one ordered, of equivalent value.
- In any event, the unavailability of one or more Goods ordered shall not provide grounds for cancellation of the entire order by the Customer.
- At the time of delivering the Goods by the carrier responsible for their transport, the Customer shall check, in the presence of the carrier:
- That the packaging used to transport the Goods is undamaged and not tampered with, even only in the materials used to seal the Goods;
- That the quantity and type of Goods ordered is as indicated in the delivery note and order.
- Should the Customer find any irregularities or discrepancies, he/she must immediately notify the carrier upon delivery of the Goods.
- The Customer is solely responsible for the accuracy and correctness of the information and data he/she provides to materianuda.com and shall undertake to promptly notify them of any changes in the previously provided data.
4. Guarantee of conformity of the Goods
- materianuda.com shall undertake to ensure that the description and/or photographic representation of the Goods on the Website are as faithful as possible to the Goods themselves. However, given the fact that the image quality may depend on the IT tools used by the Customer, the Customer’s perception of the description or photographic representation of the Goods may not correspond exactly to the Goods themselves; therefore, the images and videos accompanying the presentation of the Goods must be published on the Website as a mere description.
- In the event that the Goods delivered are found to be faulty or different from the Goods ordered, materianuda.com shall undertake to provide the Customer with a legal guarantee of conformity, to be effective under the terms and conditions pursuant to Articles 128 et seq. of Legislative Decree No. 206/2005. In particular, the Customer shall have the right to request, as an alternative:
- the delivery of Goods which are identical to those ordered according to stock availability;
- the delivery of equivalent Goods in quality and price according to stock availability;
- the refund of the price of the Goods and shipping costs.
- The guarantee provided for in this article shall apply only when the Goods have been handled with due diligence and in accordance with their intended purpose, as well as upon the Customer presenting the delivery note received and order number.
- In any case, the guarantee referred to in this article shall not apply with regard to defects resulting from the Item’s normal wear and tear.
- In accordance with the provisions of the Consumer Code, the Customer is entitled to withdraw from the agreement without paying penalties and without specifying their reasons, starting from the receipt of the order confirmation sent by materianuda.com and within fourteen working days from receipt of the Goods.
- Should he or she wish to exercise this right of withdrawal, the Customer shall send the relevant notification to materianuda.com within said period of 14 working days from the date of delivery of the Goods.
- In the case of exercising this right of withdrawal, the Customer is also obliged to return the Item(s) to materianuda.com no later than two weeks from the sending of said notification.
- More in-depth information concerning the procedure and instructions to be followed to exercise the right of withdrawal and related expenses can be found in the “Returns and Exchange” section of the Website.
- An essential condition to exercise the right of withdrawal will be the substantial integrity of the product being returned. It is sufficient that the Goods be returned in a normal state of preservation, being safeguarded and, where necessary, handled using normal diligence.
- In particular, the Goods must be returned:
- properly packaged in their original packaging, in perfect condition for resale (not ruined, damaged or dirtied) and with all accessories and documentation where present;
- bearing the delivery note (found in the original packaging), to allow materianuda.com to identify the Customer (Order number, name, surname and address);
- without manifest signs of use, apart from those associated with the performance of a normal test of the Item. They should not bear any traces of prolonged use (over several minutes), exceeding the time required for a trial and shall not be in a condition that does not allow them to resold.
- The costs of returning the Goods shall be borne by the Customer, as specified more clearly in the “Returns and Exchange” section of the Website.
- As a result of the Customer exercising his/her right of withdrawal in accordance with these General Conditions of Sale, materianuda.com shall refund the customer for the same amounts paid by crediting the payment card or checking account provided for the purchase. The refund shall take place within 14 days from the date when materianuda.com is made aware of the Customer’s exercise of the right of withdrawal.
- Where the Customer fails to comply with the conditions laid down in Article 5.5 and 5.6, the Seller reserves the right to deduct an amount corresponding to the decreased value of the returned Goods from the refund of the amounts paid by the Customer, giving proper notice to the Customer. Following this communication, the possibility remains for the Customer to regain, at his/her own expense, the products in the condition in which they were returned to the Seller.
- The right of withdrawal, however, shall not apply in relation to customised Goods or Goods which, by their nature, cannot be returned or are liable to deteriorate or change rapidly.
6. Protection of personal data
- materianuda.com undertakes to respect the confidentiality of personal information collected when registering on the Website and/or provided at the time of purchase by the Customer, and to process it in accordance with the rules laid down under Italian Legislative Decree. 196/03.
- In this regard, please refer to the detailed information outlined in the “Privacy” section.
- For any communication and/or request for assistance and/or complaints relating to the Goods purchased, the Customer may contact materianuda.com at the addresses indicated in “Contacts” section of the Website.
8. Applicable Law and Settlement of Disputes:
- Without prejudice to the application of mandatory rules of European origin to protect the consumer, these general Terms and Conditions of Sale (including the Return Policy), their subject matter and formation, are governed by Italian law.
- In the event of a disservice or dispute between materianuda.com and one of our users/customers, we guarantee, as of now, our participation in an attempt to achieve a friendly solution, which the user can put forward on the ODR Platfom for alternative out-of-court resolution of disputes ( http://ec.europa.eu/consumers/odr/ ).
The right of withdrawal being properly exercised shall depend on the following conditions also being met:
- The Return Form and security seal must still be intact and attached to the returned items. They must not be removed or cut in any way.
- The items articles must not have been worn, washed or altered in any way and must not show any sign of use. The soles of footwear must be in perfect condition and must not be marked in any way.
- Items must be returned with all original tags, packaging and other accessories (bags, hangers, garment bag, etc.) that were received with your order; the returned products must be delivered to the forwarding agent within fourteen (14) days starting from when the Customer notify materianuda.com the decision to withdraw from the agreement.
The shipping costs for the return of items purchased shall be borne by the customer.
CONDITIONS OF WEBSITE USE TRADE POLICY
The Website materianuda.com is managed by CINZIAROSSI with headquarters in Rome, Italy, Via Dei traghetti 111 – 00121 Roma, VAT No.: 03440270928 (hereinafter, “CINZIAROSSI”).
Access and navigation of the website materianuda.com are governed by these Conditions of Use, so by accessing and browsing the website materianuda.com, users shall agree to comply with such Conditions.
Access to the Website and its services is intended solely for personal use unrelated to any commercial, business or professional activity.
The site and its contents (by way of example and not limited to: the works, images, pictures, dialogues, music, sounds and videos, documents, drawings, figures, menus, webpages, graphics, colours, patterns, tools, fonts and website design), as well as the trademarks and distinctive signs used by materianuda.com in connection with the sale of goods, are protected by intellectual property regulations. Consequently, it is forbidden to reproduce, communicate, distribute, publish, alter or change, in any way or for any purpose, the Website content, trademarks and distinctive signs used by materianuda.com unless expressly authorised by Universal or by other rights holders where present.
The user is solely responsible for his/her use of the Website and its content, and is solely responsible for the safeguard and proper use of his/her personal information, including the credentials used to access the Website and any harmful consequences that may result from incorrect use, loss or theft of such information.
Excluding liability for intent and gross negligence, materianuda.com assumes no liability for use of the Website and its content by the user that does note comply with current regulations, nor for providing incorrect or fake information, or data that pertains to third parties without the express consent of the latter.
materianuda.com assumes no liability in relation to the malfunctioning of the Website or to damages caused to the user by using the Website, which are not causally related to materianuda.com.
materianuda.com publishes information on its website in order to provide a service to users; however, it is not liable for any technical inaccuracies and/or typographical errors. When reported, materianuda.com will immediately make any corrections.
materianuda.com makes no guarantee that the information published on its website complies with the laws of the relevant jurisdiction applying to the user.
The website is a secure website according to international Internet standards; therefore, the user’s device will not be affected by any viruses while browsing when this is carried out properly. However, materianuda.com shall not be liable for any problems, damages, viruses or risks which the user may incur during improper use of the website, and shall not be liable for any malfunction of the website due to the deactivation of cookies in the user’s browser.
Users must agree to the terms and conditions of this legal notice, and must periodically visit this page for any updates, changes or corrections.
materianuda.com reserves the right to make corrections and changes to the website, as well as to change the terms and conditions of use of the Website where necessary without notice.
The offers and sale of products on the website materianuda.com are governed by the conditions set out in the paragraph General Conditions of Sale.
materianuda.com sells its own products and carries out its e-commerce activities exclusively to end-users who are “consumers”.
“Consumer” shall be taken to mean any natural person who operates on materianuda.com for purposes unrelated to entrepreneurial, business, craft or professional activities.
In view of its trade policy, materianuda.com reserves the right not to follow up on orders from persons other than “consumers” or, in any case, orders that do not comply with its trade policy.
In particular, to make orders on the Website, Customers must: – be consumers – be over 18 years old – qualify to enter into a legally binding contract – have a valid POP e-mail address – have a valid credit card accepted by PayPal payment gateway.
On materianuda.com, only brand name and top-quality products are offered for sale.
The main features of the products are presented on materianuda.com inside each product description.
materianuda.com shall undertake to ensure that the description and/or photographic representation of the products are as faithful as possible to the products themselves.
However, given the fact that the image quality may depend on the IT tools used, the perception of the description or photographic representation of the products may not correspond exactly to the products themselves; therefore, the images and videos accompanying the presentation of the products must be published on the Website as a mere description.
Prices and Currency
The prices published and final invoices will be in Euros (EUR) for every country in the world.
materianuda.com invites customers to find out the conversion value of the prices and bank charges relating to the transaction.
Credit cards will be charged in euros, after which, due to variable exchange rates, the final price will be calculated and charged to the credit card with the exchange rate that applies on the day of the transaction.
Customers who have received a PROMO CODE via newsletters, social networks or on compliant promotional websites may enter the code when purchasing the order or during the checkout. Each code has a validity start and end date restricting its use, which cannot be extended.
materianuda.com reserves the right to refuse an order in the event that PayPal does not receive approval from the customer’s bank. Once an order of available products has been placed, it is not possible to make changes to said order. Orders placed separately will be dispatched separately. materianuda.com reserves the right to delay a shipment if the order cannot be shipped for reasons beyond materianuda.com’s control. Please note that during sales and promotions, there may be delays in delivery. materianuda.com reserves the right to refuse to process any order and/or service at any time.