Terms of sale

Venditore MAAN s.r.l.
Sede legale Via Vittorio Veneto, 91 56025 Pontedera (PI) Italia
Partita IVA 02214230506
Codice Fiscale 02214230506
Numero iscrizione REA PI- 251280
Capitale sociale € 20.000,00 i.v.
Telefono +39 0587 213205
Email info@bugettiessenze.it

1. Oggetto e parti del contratto
   

These conditions of sale (hereinafter “CDV”) govern the contract for the sale of products offered on the MAAN website (hereinafter “SITE”). The parties to this contract are MAAN s.r.l., as identified above (hereinafter referred to as “MAAN”), and the consumer whose details are given in the order form (hereinafter referred to as “CUSTOMER”). By this contract, MAAN offers the goods and services chosen by the CUSTOMER in the order form and are to be considered an integral part of the contract.

2. Effectiveness of the contract
   

2.1 The CDVs are available on SITE for easy reading by CUSTOMER before registering their account and before making any purchase. They are accepted along with the order submission and can be reproduced in hard copy by printing the page on which they are contained.

2.2 The CDV applicable to the sale of products are those published on the SITE at the time of the order. The CUSTOMER, therefore, must carry out the above steps before proceeding with any purchase.

2.3 MAAN’s mere tolerance or failure to dispute any failure by CUSTOMER to comply with the provisions of the CDVs shall not be construed as tacit acceptance of such failures, nor as a willingness to deviate, even implicitly or by conclusive facts, from what was agreed between the parties.

3. Sale procedure
   

3.1 The CUSTOMER who intends to proceed with the purchase of the PRODUCTS must express this will through a request made directly on the SITE where, following the procedures indicated therein, will make the submission of its purchase order and the subsequent payment.

3.2 The CONTRACT is governed by the purchase order issued by the CUSTOMER, the order receipt issued by MAAN and the CDVs. The moment you decide to make a purchase, you must add the desired product to the SITE’s virtual shopping cart (the virtual shopping cart is a space dedicated to storing the chosen products with their characteristics, quantities and costs). Once the selection of products is finished, we will move on to sending the purchase order. Only after the CUSTOMER has confirmed the submission of the purchase order will the actual order fulfillment process begin.

It is the CUSTOMER’S responsibility to verify the accuracy of the order (products in the cart and their respective quantities) before submitting it. Shipping charges will be added to the total amount. No claims will be allowed concerning any errors in filling out the order or executing the online purchase procedure.

Should you experience any problems of any kind while purchasing, submitting, or confirming your purchase order, please contact MAAN at info@bugettiessenze.it with your name (or company name) and phone number. A MAAN appointee will contact the CUSTOMER promptly.

Following the submission of the order, the CUSTOMER will receive from MAAN, at the email address provided during registration, a copy of the purchase order. Then MAAN will proceed to process the purchase order, complying with the following points 4,5,6,7,8 and 9.

Following the sending of that initial email, MAAN will verify the possibility of processing the order, confirming that the product(s) will be sent to the address provided. The above email is automatically sent to the address provided by the CUSTOMER during registration. CUSTOMER is required to check the accuracy of the email and report any errors to MAAN immediately. The order is considered accepted by MAAN when the second email regarding the confirmation of the order and delivery of the goods is sent to the CUSTOMER, by which the contract with MAAN is finalized. Should problems of any kind occur, a MAAN representative will promptly contact the CUSTOMER.

By submitting an order, the CUSTOMER makes an offer to purchase the product(s) at the price specified therein. Prices are verified regularly. However, in the event that MAAN detects changes in prices or errors in the indication of prices, it will contact the CUSTOMER asking for confirmation of the intention to proceed with the purchase at the actual price.

No obligations relating to the delivery of the goods will arise for MAAN until the second order confirmation email is sent. Should the CUSTOMER find that he/she has made a mistake in placing the order, the CUSTOMER is requested to contact MAAN immediately at info@bugettiessenze.it with his/her name (or company name) and telephone number. A MAAN representative will promptly contact the CUSTOMER again. You must make any report before MAAN sends the second order confirmation email. MAAN is unable to correct orders after that time, but the CUSTOMER is in any case guaranteed the right of withdrawal as set forth below.

4. Payments and shipping
   

The CUSTOMER agrees to make payment of the total price stated in the order. Delivery charges will be automatically counted and summarized on the order confirmation page. These may vary depending on the payment method chosen by the CUSTOMER and/or the carrier chosen to make the shipment.

5. Methods of payment
   

The following payment methods are accepted: PayPal, credit card, bank transfer.

6. Availability of goods
   

The CUSTOMER may purchase only and exclusively the goods in the catalog published on the SITE in the quantities in stock. Should the order exceed the quantity in stock, the order will be accepted for the quantity of goods available and an AMAAN representative will contact the CUSTOMER by email or telephone.

7. Delivery of goods
   

For online payments (credit card and PayPal), shipping occurs within 72 hours after MAAN sends the CUSTOMER the second email regarding order confirmation. For all other methods of payment (bank transfer) shipping is done in the same manner as above, but after receipt of payment.

MAAN will arrange for delivery by trusted courier or freight forwarder who will in turn deliver the products within 7 (seven) business days following shipment to the address provided by CUSTOMER at the time of registration. However, the Customer expressly agrees to receive the good even if it is delivered within 15 working days after the confirmation from the order. The above delivery times refer to the fulfillment of orders on the Italian national territory and to the products present in the warehouse at the time of the purchase order; for deliveries abroad, these times are not guaranteed and may vary depending on the country and location of destination. No responsibility can be attributed to MAAN for delays in the delivery of goods due to incorrect or incomplete information on the addresses to which the goods subject to the order should be sent and, in any case, to fortuitous events or force majeure.

8. Rights and obligations of the Client
   

The CLIENT by accepting this contract declares that he/she has read and accepted the CDV in its entirety.

The CUSTOMER is solely responsible for the truthfulness and accuracy of the information provided MAAN through registration on the SITE and agrees to promptly make any changes to the information entered if it is no longer accurate or true.

The CUSTOMER declares that he/she has not entered during registration on the SITE false or fictitious data and therefore declares that the data entered correspond to his/her real personal data. MAAN reserves the right to prosecute any violation and abuse in the appropriate forums. The obligations assumed by the CUSTOMER in this Article as well as the guarantee of the successful completion of payment made by the CUSTOMER pursuant to Art. 5 have an essential character for MAAN, which reserves the right, in the event of non-fulfillment of any of the above obligations, to terminate the contract by right, without prejudice to any right to compensation for damages.

The CUSTOMER, following registration on the SITE and before making any purchase, declares:

1. That I have read, understand and accept the CDV;
2. That he or she is a person of legal age and possesses the legal capacity to act.

The CUSTOMER agrees, once the purchase procedure on the SITE is completed, to arrange for saving the emails sent by MAAN (summary and confirmation of the purchase order) as well as a copy of the purchase receipt corresponding to the order.

The CUSTOMER agrees to make payment of the amount due using one of the payment systems indicated on the SITE when sending the purchase order.

In the case of credit card or PayPal payments, card or PayPal account holders may be subject to authentication and authorization requests. If the credit card issuing institution or PayPal refuses or for any other reason does not authorize or validate payment, under such circumstances, MAAN shall not be liable for delay or non-delivery with respect to the products ordered.

Delivery of products

Upon delivery of the products to the CUSTOMER by the carrier in charge of their transportation, the CUSTOMER shall check, in the presence of the carrier:

1. That the quantity and type of products ordered corresponds to what is indicated in the transport document;
2. That the packaging used for transportation is undamaged, undamaged, wet or otherwise altered, even if only in the sealing materials. Any anomalies must be reported immediately to the carrier upon receipt of the products, by their indication in the delivery note (DDT).

If a defect or damage is found, the CUSTOMER is required to inform MAAN within 24 hours. In the event it is found with certainty and unequivocally that a product was damaged prior to delivery (i.e., not defective as a result of its use by CUSTOMER), MAAN will undertake, according to CUSTOMER’s choice, either a refund of the price paid (including any shipping costs and the costs of returning the product, provided that the product has not been used and damaged) or a replacement of the goods. In either case, the CUSTOMER is required to contact MAAN who will refund or replace the goods at no further cost to the CUSTOMER.

Customer Care

For any assistance needs or complaints regarding the purchased products, the CUSTOMER should contact MAAN at its contact information.

Cancellation and cancellation of orders

Cancellation and cancellation of orders will only be accepted by MAAN if the points previously described in the CDVs are not met. The CUSTOMER makes a binding commitment in placing the order and will not be able to cancel or cancel an order except by contacting MAAN who must authorize it. An exception is when the reason for cancellation is the expansion of the initial order or a change in the quantity or size of the items in the order. In this case, the CUSTOMER should contact MAAN directly at its contact information.

9. Seller’s Rights and Obligations
   

Delivery of products

MAAN agrees to deliver the products at its premises to the carrier responsible for their transportation to the address indicated by the CUSTOMER at the time of its registration on the SITE. MAAN will not be responsible for delivery errors due to inaccurate or incomplete shipping address information entered during registration on the SITE by the CUSTOMER. Similarly, MAAN shall not be liable for any damage suffered by the products subsequent to delivery to the carrier responsible for transporting them and for any delays in delivery attributable to the carrier. Delivery is made by courier, so post office boxes cannot be accepted. MAAN is also not liable for failure to deliver, or delay in the performance of its obligations under these CDVs arising from causes beyond its control including: natural disasters, measures of authorities, war, fire, flood, explosion or insurrection, disruption of computer or telecommunication services, failure of third parties (including failures to deliver data), and strikes.

Non-availability of products

In case of non-execution of the purchase order by MAAN due to non-availability, even temporary, of the requested product(s), MAAN will inform the CUSTOMER by email or telephone of the cancellation of the order and will refund, free of charge, any price already paid for the purchase of the unavailable product(s).

10. Prices displayed
    

All prices displayed on SITE (unless explicitly and clearly stated) include VAT.

11. Tax documentation
    

The CUSTOMER can decide whether to receive an invoice. In this case you will necessarily have to register on the SITE as a company by arranging to request invoice issuance and entering all the tax information required when creating your account. Thereafter, the CUSTOMER can manage invoice issuance by modifying their account settings (any pre-entered tax data will still be retained). No request for the issuance of an invoice subsequent to MAAN’s confirmation of the order will be accepted.

12. Right of withdrawal
    

The right of withdrawal is regulated by Art. 64 et seq. (Exercise of the right of withdrawal) of Leg. n. 206 of 09.06.2005, hello as amended. The right of withdrawal means (art. 64 Legislative Decree 206/05) the right of the CUSTOMER to withdraw, for any reason and without penalty, from a purchase contract concluded at a distance (except as specified in section 4 hereof). The right of withdrawal consists in the refund of the amount paid by the CUSTOMER for the return of the purchased goods and applies by law to purchases made by private consumers (“…natural person acting for purposes not related to any professional activity carried out…”), that is, excluding all purchases made by retailers and / or business customers in general.

The right of withdrawal is bound, as by Law, to the following conditions:

1. The consumer has the right to withdraw from the distance contract without penalty and without giving a reason within the period of 14 working days from the day of receipt of the goods attested by the signed coupon to the carrier.

This notice should contain the following information in a readily available manner:

1. CUSTOMER’s first and last name;
2. address;
3. Reference to the purchase order number;
4. The willingness to withdraw from the purchase;
5. Description of the returned good and the amount paid for it.

Such notice may also be sent, within the same time limit, by PEC to maansrl91@pec.it.

3. The purchased goods for which you intend to use the right of withdrawal must be intact, in perfect condition and returned in the original packaging complete in all its parts. The right of withdrawal does not apply to sealed consumable products that are opened by the consumer.
   

4. In accordance with the Law, shipping costs related to the return of the goods are the responsibility of the CUSTOMER, under which falls the complete responsibility until the certificate of receipt c/o its premises by MAAN, which will not be liable in any way for any damage, theft or loss for returned uninsured shipments. The shipment of the goods to be returned must arrive c/o MAAN’s headquarters within 10 (ten) days from MAAN’s acknowledgement of the CUSTOMER’s desire to withdraw who will be notified by email; otherwise the shipment will be refused. Upon arrival, the goods will be examined for any damage or tampering (e.g.: even partial use). In the event that the lack of the condition of integrity of the returned goods is detected, the right of withdrawal is totally forfeited and MAAN will return to sender the purchased goods by charging the same shipping costs incurred for the new shipment. If the goods have been damaged during transport, MAAN will promptly notify the CUSTOMER (2 working days from the date of receipt c/o its premises) to enable him/her to file a timely complaint against the courier of his/her choice and obtain reimbursement of the value of the goods (if insured). In this case the product will be made available to the CUSTOMER for its return and at the same time the withdrawal request will be cancelled, as MAAN can no longer dispose of the product.

5. If the right of withdrawal is exercised in accordance with the provisions of Art. 64 et seq. of Leg. n. 206 of 09.06.2005 mentioned above, MAAN will refund the amount paid by the CUSTOMER for the returned good. This refund will be made as soon as possible and in any case no later than 30 days from the date of receipt of the returned goods.

6. The refund will be made with the same payment method used by the CUSTOMER at the time of purchase:

1. Credited back to PayPal account in case of payment with Paypal;
2. Transaction reversal in case of credit card payment;
3. re-credit to the bank account in case of payment by bank transfer or cash on delivery.

The CUSTOMER is invited to indicate his or her bank details directly in the notice of withdrawal when sending it by registered mail with return receipt so as to speed up the refund process as much as possible.

13. Use of the SITE
    

Description and display of products

The product descriptions and images on SITE correspond to what is made available by MAAN. Photographs and/or videos of product presentations accompanying descriptive information are displayed on the SITE as a guide, also in view of the fact that the quality of the images (e.g., in terms of exact color display) may depend on the computer programs and tools used by the CUSTOMER at the time of browsing the SITE.

Malfunctions

MAAN assumes no responsibility for any problems caused to the CUSTOMER by the use of the SITE and the technologies employed as being beyond its control, such as, but not limited to:

1. errors, delays or inability to access the SITE by the CUSTOMER during the execution of the sales procedure;
2. errors, delays or inability to receive, from the CUSTOMER, communications made by MAAN in connection with the sale of products.

In any case, MAAN undertakes, to the best of its ability, to solve any problems that may occur and to offer all necessary assistance to the CUSTOMER to obtain a speedy and satisfactory solution to said problems.

14. Express termination clause
    

The contract shall be deemed automatically terminated pursuant to and in accordance with Art. 1456 of the Civil Code in the event of failure by the CUSTOMER to comply with even one of the obligations assumed by the CUSTOMER under Section 8 above “Customer’s Rights and Obligations.” Termination of the contract will occur as of right when MAAN declares that it intends to make use of this express termination clause.

15. Intellectual and industrial property rights
    

MAAN informs you that the SITE, as well as all trademarks and distinctive signs – including those of other companies and/or related companies – used by MAAN in connection with the sale of products, is protected by applicable intellectual and industrial property rights and that any reproduction, communication, distribution, publication is prohibited, alteration or transformation, in whatever form and for whatever purpose they occur, of the contents of the WEBSITE, trademarks and distinctive signs used by MAAN (such as, by way of example, the works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colors, features and design of the WEBSITE). MAAN, moreover, assumes no responsibility for the trademarks and other distinctive signs that appear on the products marketed on the SITE, with respect to which the CUSTOMER acquires no rights as a result of the conclusion of the contract.

16. Protection of personal data

MAAN guarantees the CUSTOMER that personal data acquired in connection with the sale of products will always be processed lawfully and correctly, in full compliance with the provisions of Legislative Decree. June 30, 2003, no. 196, as amended. For any information regarding the processing of personal data, please refer to the “Information on the Processing of Personal Data” section of the Privacy Policy made by MAAN, pursuant to Art. 13 of Legislative Decree. 196/2003, to the CUSTOMER at the time of registration on the SITE. The CUSTOMER is reminded that if the CUSTOMER needs further clarification, he/she may contact MAAN directly at the contact details below.

17. ODR – Online Dispute Resolution

ODR (online dispute resolution) is a process that allows consumers residing in the territory

of the European Union to file their own complaints regarding contracts entered into online (whether for the purchase of goods or services) with companies based in the EU.

Consumers residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool.

This instrument can be used by the European consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and services entered into online. As a result, if you are a European consumer, you can use that platform for the resolution of any dispute arising from the online contract concluded with the seller. The platform is available at this link

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT

18. Communications and notifications
    

Any communications and notifications to MAAN should be received through:

Registered mail with return receipt
MAAN Srl – Via Vittorio Veneto, 91, 56025 Pontedera (PI) Italy
Telefono +39 0587 213205
Email info@bugettiessenze.it
PEC maansrl91@pec.it