TERMS AND CONDITIONS
Welcome to MAVIVE (hereafter, the “Website”), the official online shop of Mavive S.p.A.. (hereafter, “MAVIVE”)
The products on sale at themerchantofvenice.it are invoiced and sold by Mavive S.p.A., located in Via Altinia 298/B Venezia Dese 30173 – (VE) Italy, a registered company in the C.C.I.A.A. of Venice (chamber of commerce, industry, crafts and agriculture), REA n. VE200047 (economic administrative index) of the Italian Registro delle Imprese (company registration office), VAT No 02159290275.
For any information concerning orders, transportation, and general purchases including the main characteristics of the product(s) sold online, please contact the customer care service of MAVIVE by:
o email: firstname.lastname@example.org
o tel: (+39) 041 541 7771
GENERAL TERMS AND CONDITIONS OF SALE
Art. 1 – Accepting the General Terms and Conditions of Sale
The purchase of the products for sale on this Website is restricted to adults only (private, non commercial), solely for the purpose of personal use and not in relation to any possible commercial, entrepreneurial, artisan, and/or professional activity of said purchaser. Therefore, by sending an order (hereafter, the “Order”), in accordance with the procedures described on the Website and explained in the following Art.2, the subject(s) (hereafter, the “Client”) explicitly states to be of adult age and not acting in relation to any of his/her possible commercial, entrepreneurial, artisan, and/or professional activities.
By sending the Order, the Client states to have read all information provided to him/her during the purchasing procedure; the Client also agrees to fully accept the General Terms and Conditions of Sale (hereafter, the “Conditions”).
It is recommended to retain a copy of these Conditions that, for this precise purpose, can be printed or downloaded and saved in digital form on a durable device.
Art. 2 – Purchasing procedures and contract of sale
The products for sale are solely the ones on display on the MAVIVE Website at the moment the Order is sent, and as described in the relevant specifications.
Please note that the images supplied in the products specifications are only for informative purposes and it is possible that they do not entirely represent faithfully the products original colours; such colours can vary in accordance with the type of browser or monitor utilised by the user to access the Website and to visualise the relevant images.
In order to complete and send an Order, the Client needs to click on the relevant product. This way, the Client accesses the specifications that describe the main characteristics of the product. Subsequently, the Client needs to complete the Order form in all its parts. The Client can insert in the same Order form one or more products of the same or different types. The Order can only be sent after the Client reads and accepts the Conditions.
During the Order procedure, the Client can request an invoice for the purchased product(s).
Confirmation that the Order has been correctly received by MAVIVE will be sent to the Client by email. The confirmation email (hereafter, the “Confirmation of Order Received”) is sent to the email address that has been previously communicated in the Order by the Client. The Confirmation of Order Received is an email that briefly describes the purchase conditions and the data in the Order, so that the Client can verify the correctness of such data and, if required, communicate to MAVIVE any necessary correction to the data. Such corrections must be communicated to MAVIVE within 24 hours of the Client receiving the Confirmation of Order Received. Any correction must be communicated by email to: email@example.com, and needs to have in the object line the phrase: “order modification” followed by the code of the relevant Order.
Within 24-48 hours after sending the Confirmation of Order Received, and once the online credit and the availability of the product(s) has been verified by MAVIVE, MAVIVE will email (to the same address previously communicated by the Client in the Order) to the Client that it has accepted the Order (hereafter, the “Order Accepted”). In case of payment by bank transfer, the Confirmation of Order Received sent by MAVIVE will also include the bank details for the payment, the price of the product, and the transportation costs, all of which were previously accepted by the Client when sending the Order to MAVIVE.
The contract of sale is considered finalised when the Client receives the Order Accepted from MAVIVE.
In the case of a failed payment, within 48 hours from when the Client receives the Confirmation of Order Received (including the purchasing price and transportation costs accepted by the Client when sending the Order) MAVIVE has the right to annul the entire Order or just the part relevant to the unpaid product(s). In the case of cash-on-delivery, the Order is annulled if the amount entered on the invoice is not paid on delivery.
Art. 3 – Prices and payment methods
The prices in the Website are inclusive of taxes and VAT. Possible transportation costs, or additional costs involved with the payment method chosen by the Client (among the payment methods described below) are at the expense of the Client. The Client is informed about the exact amount of any possible additional payments while completing the Order form and, in any case, before sending the Order to MAVIVE.
Payment methods available:
The Client can pay by PayPal, in accordance with the relevant rules and regulations (see www.paypal.com)
In cases where the payment is by credit card, the transaction will occur through the secured PayPal server or another secured server selected by MAVIVE. In no case, and in no phase of the payment, will MAVIVE be able to access any information relevant to the credit card used for the payment. The transaction occurs with a protected connection directly to the server of the bank that manages the transaction. No data centre of MAVIVE retains any type of data relevant to the transaction. Therefore, MAVIVE cannot in any way be held responsible for any possible deceitful and/or illicit use of the Client's credit card by third parties during any phase of the payment.
In the case of a cash-on-delivery payment, the Client must pay exclusively in cash at the moment of the delivery of the purchased product(s). The cash-on-delivery method involves an additional cost of 5.00 euro for handling the payment. The additional costs are at the expense of the Client, and they are communicated to the Client while completing the Order form and, in any case, before the Order is sent to MAVIVE. This method can only be used exclusively for deliveries in Italy and up to a maximum amount of 999,00 euro.
In case of a purchase through a bank transfer, the IBAN code of MAVIVE is IT73R0100502002000000001145. In the Confirmation of Order Received MAVIVE will also specify the bank details and the exact amount to be paid.
Art. 4 – Delivery of the product(s) and relevant costs
The purchased product(s) is delivered during office hours (excluding Saturday and Sunday, and subject to any unforeseen circumstances) at the address communicated by the Client within 24-72 hours starting from when MAVIVE sends to the Client the Order Accepted by email.
Please note that for orders placed during the months of January and February, shipments may be delayed. Orders may be processed up to 15 days after order receipt (excluding Saturdays and public holidays).
The failed delivery of the purchased product(s) within the above mentioned specified time does not entitle the Client refusing the delivery and/or dismissing the contract of sale regarding the purchased product(s).
If after 5 working days, (excluding Saturday and holidays and starting from when MAVIVE sends to the Client the Order Accepted by email), the purchased product(s) has not been delivered to the Client, please contact MAVIVE's customer care service by email at: firstname.lastname@example.org.
Transportation is by DHL express courier (hereafter, the “Courier”), which employs a tracking service for goods: for more information about this service please visit www.dhl.icom.
The Courier delivers the goods from Monday to Friday, during office hours. The recipient cannot require that the delivery be made at a specific date and time. If the recipient is absent, a delivery slip will be left at the recipient’s address, informing the rescheduled date of delivery. The Courier will attempt the delivery twice and, in the case of the recipient being absence during the second delivery, before returning the goods to the supplier the Courier will contact the recipient by phone at the number (if noted) given in the Order.
The purchased product(s) can be delivered in Italy and in all countries serviced by the Courier.
The transportation costs may vary in accordance with the country of delivery and the weight/volume of the goods. However, the Client is informed of the exact transportation cost (including possible additional custom taxes) while completing the Order and also before confirming and sending it to MAVIVE.
By sending the Order, the Client agrees that the delivery of the purchased product(s) may be made in more than one delivery.
In case of a failed delivery of the purchased product(s) due to causes attributed to the Client (e.g. wrong address or telephone number in the Order, continuous absence of the recipient, refusing to accept the delivery even when not damaged and when containing the correct purchased product(s), etc.) the Client will be reimbursed; however, such reimbursement does not include delivery and returning expenses, and/or possible custom charges relating to both the exporting and re-entry of the goods from and back into Italy.
During the delivery by the Courier, the Client is advised to check that:
the number of products delivered is the same as that registered on the delivery docket
the package and the packing materials (such as tape and metal clips) are intact, not damaged, or wet, and/or somehow otherwise altered.
Possible damages to the package and/or the product(s), as well as in the case where type or number of delivered products do not coincide with the ones registered on the delivery docket, must be immediately noted in the appropriate space on the delivery docket. Subsequently, the Client must sign the docket and return it to the Courier. In the case of the acceptance of the package without reserve, MAVIVE assumes that the delivered package is intact and that the product(s) inside correspond (in type and quantity) to that which is registered on the delivery docket.
Possible damage to the products that are not immediately recognisable as such (or the number and/or type of product(s) do not correspond with those in the Order), this fact must be communicated to MAVIVE within 8 days starting from the delivery date. The communication must be sent by email to: email@example.com, and the email must specify the Order number, the original purchased product, the product actually received and, if possible, accompanied by a photograph of the received product.
Art. 5 – Right of withdrawal
The Client has the right to withdraw from the contract of sale, without giving any reason, within 14 days from the delivery date of the purchased product(s). In the case of product(s) purchased in a single Order and delivered separately, the 14 days commencement date starts from the last delivery.
In order to enact the right of withdrawal, the Client must inform MAVIVE by email at: firstname.lastname@example.org and within the above mentioned specified time frame. For this purpose, the Client can use the appropriate form available on the Website. However, the use of this form is not compulsory, but if the Client chooses this option, MAVIVE will subsequently confirm by email that it has received the notice of withdrawal.
In order for the right of withdrawal to be valid, the Client must send the relevant communication within the specified time frame.
In the case of a withdrawal, the Client must return the product(s) to MAVIVE within 14 days from the date of the withdrawal. The product(s) must be returned to the following address:
Mavive S.p.A. via Altinia 298/b Venezia (Dese) - Italy
The Client must return the product(s) before the due date (14 days after the date of withdrawal).
The returned product(s) must be intact, complete in all its parts (including the seal), and with its original packaging (including packing material, documents, and provided accessories). The returned product(s) may show signs of inspections by the Client, in accordance with normal diligence, that are minimally required by him/her to check the integrity of the product.
The right to withdrawal can be applied to the entire purchased product(s), the right to withdrawal cannot be applied to one part of the product(s).
In case of withdrawal, the Client is refunded the entire amount paid. This amount is deducted of any additional delivery costs in the case where the Client has chosen a delivery service that is different from the standard delivery service offered on the Website. The direct cost of returning the product(s) is at the expense of the Client. The refund will be made within 14 days starting from when MAVIVE receives the withdrawal notice. Notwithstanding a different agreement made with the Client, for the refund MAVIVE will use the same payment method used by the Client for the original purchase. In any case, the Client will not have to undertake any additional cost due to the refund.
The refund can be put on hold until MAVIVE receives the product(s), or until the Client demonstrates that the product(s) has been sent within the specified time frame.
The transportation risks are at the expense of the Client. In case of damages, theft, or loss of the product(s) during transportation, MAVIVE will immediately communicate it to the Client, in order to allow him/her to promptly report the fact to the relevant Courier and subsequently request the relevant reimbursement. The product(s) damaged during transportation will be at the Client's disposal, and the right of withdrawal will be consequently annulled.
Art. 6 – Guarantees
The product(s) purchased on the Website is covered by the legal guarantee of conformity for goods in accordance with the Art. 128 – 135 of the Italian Consumer Code (Legislative Decree No 206/2005). In accordance with this guarantee, the supplier is responsible to the consumer regarding any lack of conformity that is existing at the moment of the delivery of the goods, and that is not due to the inappropriate use of the goods.
The seller shall be held liable where the lack of conformity becomes apparent within 2 years as from delivery of the goods. The consumer must inform the supplier regarding the lack of conformity by no later than 2 months after the date on which he/she discovered it.
In the case of defective goods, the Client shall immediately communicate the anomaly to MAVIVE by email at: email@example.com. In the email must be specified the product code (available in the Order), the type of defect, and a photograph (where possible)showing the anomaly.
In the case of a lack of conformity, the supplier shall (without any extra charge to the Client, and where it is not possible or is too expensive to perform the remedies of reparation or replacement) replace, repair or handle the consumer goods, reimburse the price paid, or dissolve the contract of sale. Repair shall mean, in the event of lack of conformity, bringing the consumer goods into conformity with the contract of sale. A small defect, for which it is not possible or is too expensive to perform the remedies of reparation or replacement, does not entitle the Client the right to dismiss the contract of sale.
Actions intended to enforce the lack of conformity shall in any event lapse after 26 months from delivery of the goods.
Art. 7 – Complaints and information requirements
Any possible complaint and information requirement can be addressed to MAVIVE by:
o email to the customer care: firstname.lastname@example.org
o tel: (+39) 041 541 7771
Art. 8 – Privacy
Art. 9 – Applicable law
The contract of sale under the Conditions herein is in accordance with Italian Law.
Art. 10 – Copyright
Trademarks, logos, and other distinctive signs on the Website belong to their relevant owners. The use of trademarks, logos, and other distinctive signs (including their reproduction on other websites) by unauthorised third parties is forbidden. The contents of the Website have all their rights reserved (texts, images, and graphics).
Art. 11 – Communications
All communications between the parties must be in written form and sent to the address written in the Conditions herein (to MAVIVE) and in the Order (to the Client). The term “written form” also refers to all communication sent by email to the relevant addresses specified by the parties on the Website (for MAVIVE) and in the Order (for the Client).
Art. 12 – Language
The contract of sale is written in two versions: Italian and English languages. In the case of non conformity or unintended discrepancies in the English translation, the Italian version is to be considered the sole