/  Conditions and Payment

GENERAL CONDITIONS OF SALE ON MUSCHIERI.COM

 

1.Name of the Site and ownership

The owner of the site is the company LMA Brands s.r.l. based in via Banchina dell’Azoto 15 Venice (VE) Italy VAT number IT04595500275 (official distributor of the brand)

 

These General Conditions of Sale (“General Conditions of Sale” or, alternatively, “GCS”) govern the offer and sale of Products distributed through the website www.muschieri.com (“Site”) by LMA BRANDS srl via Banchina dell’Azoto 15 Venice (VE) Italy VAT number 04595500275 (distributor)

 

  1. Scope of application of the GCS

 

2.1 The offer and sale of Products on the Site constitute a distance contract governed by Chapter I, Title III (Articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

2.2 These General Conditions of Sale apply to all contracts concluded with LMA BRANDS srl on the Site.

2.3 The General Conditions of Sale can be changed at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site in the “General Conditions of Sale” section. Users are therefore invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the General Conditions of Sale.

2.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent and are available in Italian.

2.5 These General Conditions of Sale do not regulate the sale of products by parties other than LMA BRANDS srl that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale.

2.6 The user is required to carefully read these General Conditions of Sale, which LMA BRANDS srl makes available to him in the “General Conditions of Sale” section of the Site and which can be stored and reproduced, as well as all other information that Moda e Stile srl provides on the Site, both before and during the purchase procedure.

Purchases on the ESHOP

 

3.1 The purchase of Products on the Site takes place after registration, pursuant to clause 4 below, and is allowed both to users who hold the quality of consumers, and to users who do not have this quality. Individuals are allowed to purchase only on condition that they are eighteen years of age.

3.2 Pursuant to art. 3, I comma, lett. a) of the Consumer Code, it is recalled that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out are considered to be consumers.

3.3 LMA BRANDS srl reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these GCS and / or the conditions and / or terms of the purchase contract with LMA BRANDS srl; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have released false, incomplete or in any case inaccurate identification data or who have not promptly sent LMA BRANDS srl the documents requested by it or who have sent invalid documents.

 

Registration on the Site

 

4.1 Registration on the Site is free. To register on the Site, the user must complete the appropriate form, entering name, surname, address, place and date of birth, telephone number, an e-mail address and a password and click on the [Submit] button.

Registering on the Site, by opening a personal account, allows the registered user (“Registered User”) to:

– save and modify their data;

– access all information relating to orders and returns;

– follow the status of the order;

– manage their personal data and update them at any time;

– take advantage of the dedicated services that may be activated from time to time (eg: display of your “wish list”, etc);

– express consent to the processing of their personal data for the sending of newsletters by LMA BRANDS srl.

4.2 The registration credentials (e-mail address and password) must be kept with extreme care and attention. They can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third parties have access to them. He also undertakes to immediately inform LMA BRANDS srl, by contacting it by email at ecommerce@muschieri.com or by telephone at no. (+39) 3398057967, in the event that he suspects or becomes aware of an improper use or undue disclosure of the same.

4.3 The Registered User guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold LMA BRANDS srl harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any a way linked to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials.

Cancel or change an order

 

To change or cancel an order, it is necessary to promptly contact LMA BRANDS srl by e-mail to ecommerce@muschieri.com, ALWAYS indicating the order number.

 

Information on order status and shipments

 

At the time of shipment, the User will receive the shipping number at the email address indicated at the time of the order, through which they can track their purchases on the courier’s website or through the courier’s call center.

 

Request copies of documents and registry changes

 

To request copies of tax documents and / or personal data changes, the User must contact LMA BRANDS srl by email at ecommerce@muschieri.com, remembering to ALWAYS indicate the type and number of the document for which the copy is requested and / or the correction.

 

  Product warranty

 

8.1 All products marketed by LMA Brands s.r.l. on its ecommerce site muschieri.com are covered by a legal guarantee of conformity pursuant to and for the purposes of Articles 128 and following of D. LGS. n. 206 of 2005 Consumer Code.

 

Information on invoices, transfers and cancellations

To contact the administrative service, the Customer must send an email to ecommerce@muschieri.com or call n. (+39) 3398057967 remembering to ALWAYS indicate the order number or the document or invoice number for which you are requesting information.

 

Terms of payment

 

Purchases made on muschieri.com are safe and guaranteed and payment can be made in one of the following ways, at the seller’s discretion:

– Payment by credit card through the Stripe platform

– Payment with Paypal system

– Cash on delivery (exclusively in Italy)

10.2 Payment by credit card

Where the User chooses to pay by credit card, the reference bank will authorize the debit of the amount relating to the purchase made. In case of cancellation, LMA BRANDS srl will request the cancellation of the transaction and the reversal of the committed amount.

The release times depend exclusively on the banking system. Once the transaction has been canceled, LMA BRANDS srl will in no case be held liable for delays and / or damages caused by the banking system.

LMA BRANDS srl reserves the right to request additional information from the User or to send copies of documents demonstrating ownership of the card used. In case of refusal, LMA BRANDS srl srl reserves the right not to accept the conclusion of the contract. At no time during the purchase procedure by credit card, LMA BRANDS srl is able to know personal information relating to the owner of the same as the information is transmitted directly to the website of the bank that manages the transaction, a protected site.

10.3 Payment with Pay Pal

By selecting the PayPal payment type, the User will be redirected to a page on the PayPal site and payment will be made according to the methods indicated therein.

The information provided on the PayPal site will not be shared with LMA BRANDS srl but will be managed directly by the same.

In case of cancellation of the order or non-acceptance by LMA BRANDS srl, the amount will be refunded to the PayPal account. LMA BRANDS srl will in no way be responsible for delays and / or damages caused in this phase.

 

Shipping and Costs

 

The cost of shipping is charged to the User under certain conditions and will be calculated automatically by the system based on the weight of the items ordered.

 

  1. Delivery Times

 

The delivery times of the goods vary depending on the availability in stock of the purchased product (eg if the product is available from the manufacturer) and the delivery methods envisaged for the same.

In any case, the delivery date is purely indicative and is in no way binding for LMA BRANDS srl.

LMA BRANDS srl makes use of couriers / carriers that offer the best quality / price ratio for the destination concerned: this allows us to offer customers advantageous prices and quality of service.

In no case will it be possible to make deliveries by appointment and / or at fixed times and / or days.

In case of non-delivery of the goods due to an incorrect address provided by the User or due to storage in the warehouses of the courier / carrier and / or in any case for any reason attributable to the User’s behavior, a new shipment will be possible ONLY upon advance payment of the same. according to the methods indicated by LMA BRANDS srl.

 

Delivery of the Goods

 

Upon delivery of the goods, the User is required to check:

– that the number of packages delivered corresponds to what is indicated in the transport document;

– that the packaging is intact and not altered even in the closing tapes.

In case of tampering and / or breakages, the User must immediately contest the shipment and / or delivery using the document received from the courier or other operator and adding the words “RESERVE TO CHECK GOODS FOR … ..” (indicate the reason) .

The User must subsequently report any damage within 3 days of receipt of the goods in the manner prescribed by the operator who carried out the shipment.

 

Right of withdrawal

 

The right of withdrawal is governed by the current legislation referred to in Articles. 52 and succ. Consumer Code as amended by the LEGISLATIVE DECREE 21 February 2014, n. 21.

The User who holds the status of Consumer referred to in point 3.2 has the right to withdraw from the contract for any reason and without any penalty within 14 working days and without incurring costs other than those provided for in Article 56, paragraph 2, and Article 57 of the aforementioned decree.

The full text of the Consumer Code, updated on 16 September 2015, is available at http://www.aduc.it/generale/files/allegati/codiceconsumo.pdf

Note: The right of withdrawal pursuant to art. 52 and succ. Consumer Code is EXCLUSIVELY RESERVED to the Consumer defined by the Consumer Code in Article 3 as the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (2).

Therefore, those who purchase with a VAT number and therefore as a company and / or professionals cannot exercise the right of withdrawal.

Withdrawal procedure

 

The right of withdrawal must be exercised in the following ways:

– The purchased product must be intact and returned in the original packaging still sealed, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, sticks, etc.).

– To exercise this right, the User must send LMA BRANDS srl a communication via email to the address ecommerce@muschieri.com within 10 working days from the date of delivery of the goods.

– Once the above communication has been made, and received acknowledgment of receipt by LMA BRANDS srl, the User must send the Product, at his own expense – after regular and suitable packaging in its original packaging – by express courier , together with a copy of the receipt, to the following address: LMA BRANDS srl, Via Ponteritto 44 Formia (LT).

The shipment until receipt in our warehouse is under the full responsibility of the User.

LMA Brands s.r.l. is not responsible in any way for damage and / or theft / loss of products returned by uninsured shipments.

 

  Returns and Refunds

 

The goods must be returned to LMA BRANDS srl within the terms referred to in point 14 together with the authorization form received.

Without prejudice to any repair costs for damage to the original packaging, LMA BRANDS srl will refund the User the full amount within 14 days from the return of the goods by means of a reversal of the amount charged to the credit card or by Wire transfer.

In the latter case, it will be the User’s responsibility to promptly provide the bank details on which to receive the refund (IBAN code of the customer and name).

 

Forfeiture of the right of withdrawal

 

The User loses the right of withdrawal and the consequent right to reimbursement in the event that Moda e Stile srl ascertains the existence of even one of the following conditions:

– Use, even partial, of the goods and of any consumables;

– Lack of the external packaging and / or the original internal packaging;

– Absence of product components (accessories);

– Damage to the product for reasons other than its transport

In the cases mentioned above, LMA BRANDS srl will return the goods to the User by charging the shipping costs.

 

Applicable law

 

18.1 The purchase contract concluded on the Site is governed by Italian law.

18.2 It is without prejudice to the application to consumers who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercise. of the right of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.

18.3 Please note that in the case of a consumer user, the court of the place where the user resides or has elected domicile is competent for any dispute relating to the application, execution and interpretation of these General Conditions of Sale. In the case of a non-consumer user, the court of Venice is exclusively competent for any dispute relating to the application, execution and interpretation of these General Conditions of Sale.

18.4 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, € 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

Notice to Consumers – Online Dispute Resolution ODR Online Despute Resolution

In compliance with the provisions of art. 14 of EU Regulation 524/2013 / EU, the consumer user is informed that, as an alternative to legal disputes, both the consumer and Alias ​​will be able to make use of the alternative solution of online disputes by submitting a complaint through the platform established by the European Commission. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).

LMA BRANDS srl will be contacted by the body at the following address ecommerce@muschieri.com

For any clarification in this regard, you can contact us at the email address published in this document.

 

Suggestions / Reports / Complaints

 

For any suggestions, complaints and / or reports you can write to ecommerce@muschieri.com

 

Contacts

 

General Information & Customer Service:

Tel. (+39) 351 6614361 – ecommerce@muschieri.com

Registered office: LMA BRANDS srl Via Banchina dell’Azoto (VE)

VAT number / Fiscal Code IT04595500275

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