GENERAL TERMS AND CONDITIONS OF SALE (“GTCS”)
The sale of all the items in the online catalogues available from the shop.maclu.it website (“Item-Items”) is subject to the following General Terms and Conditions of Sale (“GTCS”), which conform to the regulations governing contracts made outside the premises of retailers and, in particular, to what is stated in Legislative Decree, no. 206, 6th September 2005 (“Consumer Code”).
The sales contract is officially between:
-Maclù di Claudia Corbetta, located in 20135 Milano, Via Friuli 61, registered with company house and with V.A.T. no 04054310968 (“Maclù”)
-Customer: the (natural or legal) person, who has made an order that has been accepted by Maclù through the website shop.maclu.it.
These GTCS are an integral and essential part of the purchase contract for all items sold by Maclù.
Should any of the present or future provisions in the GTCS and/or contract be or become partly or totally null and/or void (i.e. should the provisions in the GTCS and/or contract be incomplete), the remaining provisions in the GTCS and contract will, in any case, still be valid and apply.
HOW THE GENERAL TERMS AND CONDITIONS OF SALE APPLY
Before making a purchase, the customer is invited to read these GCTS carefully. For further information, the customer is invited to get in contact with Maclù by sending an email to firstname.lastname@example.org. Following the procedures for making a purchase order means the client declares they have understood the procedures and fully accept the GTCS. The GTCS may at some time be altered by Maclù and these alterations will take effect as of when they are posted on the website. The terms and conditions in force at the time an order is made will apply to all contracts.
The client is entitled to a copy of these GTCS, as well as all the documents in the contract for the items purchased from the website.
The customer will save the details of their order, downloading the GTCS and saving all the information on the webpage just before forwarding an order, as well as the email confirming that the order has been received, which Maclù will send to the email address given by the customer.
Details of all orders will be saved by Maclù’s own systems. To keep it confidential, the customer will only have access to this information after completing the authentication process in the “My account” section of the website, entering the access details they were given when they signed up to the website. By entering their details in this reserved area, the customer will be able to view any completed or pending orders and also update and save their own personal details and any information about subscribing to the newsletter. The customer pledges to keep their personal details for accessing the website’s reserved area confidential and not let anybody else see them.
DESCRIPTION OF SALES PROCEDURES, PURACHSE ORDERS AND COMPLETING A SALES CONTRACT
In accordance with the provisions given in the Consumer Code, the sales service for items available on the website includes signing up, choosing items, making an on-line purchase order, confirmation by email that Maclù has received the order, an email from Maclù about the bank details only in case of payment by bank transfer, confirmation by Maclù that it has accepted payment and completed the contract, and an email from Maclù informing the client that the order has been shipped out.
The items shown on the website are an invitation to make a purchase with Maclù. These invitations are in no way binding for Maclù and, in particular, do not constitute a public offer, in accordance with and to the effects of article 1336 of the Italian civil code.
The customer must register to use the sales service. The customer can sign up by choosing a “username” and “password”. Signing up means you accept the GTCS regulating the buying and selling of items and also authorise the use of your own personal details. Every purchase order that Maclù receives must clearly indicate the items selected, a description of these items, the quantity of items, and the customer’s name and address for delivery. The order procedure given on the website allows any mistakes made during the process to be corrected before sending off the details of the purchase order. The purchase order sent by the customer is a binding contract for the customer in accordance with Art. 1326 of the Italian civil code.
After the customer has sent off their order, Maclù will confirm it has received the order by sending an email to the email address given by the customer; this email does not mean that Maclù has accepted the order.
The contract will only be concluded after Maclù confirms it has accepted payment and delivery deadline is calculated from that moment.
The availability of items will determine whether an order is accepted and processed. Should certain items not be available and/or if the order is not accepted, Maclù will let the customer know and refund them if they have already paid. In this case, the customer will be entitled to additional compensation.
The contract for the purchase of items is stipulated in Italian only.
DELIVERY AND SHIPPING
For all items on sale, Maclù reserves the right to refuse and/or not process an order to deliver items outside Italy and/or to the towns of Livigno and/or Campione d’Italia.
Maclù will not deliver orders to Post Boxes or general delivery addresses (poste restante) and the customer must give a valid address to allow delivery.
Maclù will send the goods within 4 (four) working days from the date when the contract is completed or, in other words, when the customer receives an email confirming payment, excluding deliveries to Calabria, Sardinia, Sicily, Venice and small islands, where delivery will be made within 5 (five) working days. A working day means every day of the week except for Saturday, Sunday and official Italian holidays.
In case of payment by bank transfer, the email confirming payment will be sent the next working day after the payment has been credited to Maclù’s bank account.
Maclù will not be responsible for failure to deliver or late delivery if it has informed the customer that the product they want is not available and/or if it has sent an email refusing the order. Maclù will not be responsible for failed or late delivery due to causes beyond its control, such as – merely as an example - strikes, action taken by public authorities, transport problems, fires and floods that are beyond Maclù’s control. Should this cause persist for over 30 (thirty) days, each party will have the option of withdrawing from the contract. If the contract is cancelled, the customer will not have the right to compensation of any kind, although they will receive a refund for the amount they have paid.
CHARACTERISTICS OF ITEMS ON SALE
Items in the on-line catalogue are depicted in such a way that, as far as possible, they correspond to the exact characteristics they actually have. Pictures posted for general information purposes may not be exact representations of the items they refer to. Items shown in the on-line catalogue will be on sale as long as they are in stock, although Maclù reserves the right to withdraw any items and/or alter their characteristics at any time. Maclù also reserves the right to update its online catalogue whenever it sees fit, altering the range or number of items on offer.
SHIPPING RATES AND COSTS
The price of items is that given on the website as it stood when the customer made the order. Prices of items published on the website are given in euros, including standard packaging and VAT.
Prices do not include transport and delivery costs. All costs (delivery, transport and packaging/special packages) are not included in the prices of items and can be found on the website; in any case, they will be referred to separately in the order summary and confirmed in the email sent to the customer by Maclù confirming their order has been accepted. These costs are at the customer’s expense.
Maclù reserves the right to alter the sales prices of its products, shipment costs and the conditions and terms of sale in general, without notice. The general terms and conditions of sale that apply to and are binding for the customer are those shown the website when the customer made the order.
The customer must choose one of the payment methods indicated by Maclù. Purchasing from the website shop.maclu.it is for end customers only, so the customer’s VAT details cannot be entered.
When Maclù receives confirmation that payment has been made, it will prepare and send off the purchase order.
PAYMENT BY CREDIT CARD
Payment by credit card (Mastercard, American Express and Visa) must be made online when sending off your order. The customer will be asked to provide their credit card details when making their order and the request for the corresponding payment will only be sent when the order is completed. Maximum security is guaranteed for all transactions.
PAYMENT BY PAYPAL
The customer can pay directly through a verified PayPal account if they choose this payment method. PayPal payments are only accepted from verified accounts and the right is reserved to send items to the address given on the verified PayPal account. Payments sent from unverified PayPal accounts will be cancelled.
PAYMENT BY BANK TRANSFER
If the customer chooses to pay by bank transfer, they will automatically receive Maclù’s bank details by email and must make the transfer immediately after completing their order, entering the order number in the appropriate box. The delivery deadline will start from when the payment is credited on Maclù’s bank account.
CANCELLING AN ORDER
Maclù’s e-commerce sales procedures do not allow customers to cancel a completed order after the payment process has been set in motion.
WITHDRAWAL – RIGHT TO WITHDRAW
In accordance with what is stated in the Consumer code, the client has the right towithdraw from a contract within 15 (fifteen) days of receiving the items in their order, informing Maclù by filling in the special form provided in the “My account” section and sending it by email.
This only applies if the items being returned are basically in their original state and not damaged. Should the customer decide to exercise this right, the items being returned must be:
- properly packed in their original packaging and in perfect condition to be sold (not ruined, damaged or dirty, and only worn to be tried on); any accessories or labels must also be included;
- complete with the shipping document (in the original packaging), so that Maclù can identify the customer (order number, name, surname and address).
Withdrawal from the contract will not be allowed for any items not meeting the requirements given above or returned after the deadline and Maclù reserves the right to refuse to take back these items.
Should the customer decide to cancel their order in accordance with what is stipulated in the GTCS given here, Maclù will send them an email confirming that cancellation has been accepted.
Within 2 (two) days of receiving the email accepting withdrawal, the customer will return the items to Maclù at the following address: Via Friuli 61 20136 Milano.
The customer will be responsible for any damage/harm the items incur while being returning. In this case the items will no longer be considered to be intact and withdrawal will not be authorised.
The customer will cover the costs of returning items.
When the items have been returned, Maclù will refund the payment it has received using the same method with which the purchase was made.
Maclù di Claudia Corbetta is the Data Controller in accordance with legislative decree no. 196 of 2003 and pledges to protect the on-line privacy of its users and customers at all times.
COPYRIGHTS AND TRADEMARKS
“Maclù” is a registered trademark and, together with the logos and other distinctive symbols of various kinds found on the website, it is the property of Maclù di Claudia Corbetta.
No unauthorised persons are entitled to use the trademark, logos and other distinctive symbols or reproduce them on other Internet websites.
The website content (written material, graphics, images and animation) are protected by copyright.
Any breach of copyright will be punished by law.
In accordance with art. 13 of Legislative Decree no.196 (“Code”) of 30th June 2003, Maclù di Claudia Corbetta (“Data Controller” or just “Controller” or simply “Maclù”) pledges to constantly protect the online confidentiality of its website users.
What your personal details are used for
The handling of personal details refers to any operation or combination of operations, including those carried out without the aid of electronic means, regarding the collection, recording, organisation, conservation, consulting, processing, altering, selecting, extracting, comparing, using, interconnecting, blocking, communicating, publishing, cancelling and destruction of information, even if it is not stored in a databank.
According to the Code regulations, the customer’s data will be handled with due diligence, legality and transparency, safeguarding their confidentiality and rights.
Purchase order: Maclù collects the customer’s personal details to accept and process purchase orders and returns and to provide the customer with all the services available. This information is required for processing purchase orders that also involve business partners (e.g. providers of logistical services, courier services, banks etc.). Customers should provide a delivery address and telephone number when making an order to allow Maclù to process it promptly and properly. A telephone number is also required to allow Maclù to contact the customer about any questions they might have or explanations they might require and to allow Maclù’s business partners to promptly and precisely process purchase orders from the customer in question. Lastly, Maclù requires an email address to let the customer know that the order has been received, to process the order and to provide any further information. The email address is also used for identifying the customer so that they can access their account.
Customer area: the customer’s personal details and information about their purchase orders are saved in the Maclù system, but they cannot be accessed for security reasons. Maclù guarantees every customer will be able to enter their own customer area using a protected password. In this area, the customer can view all the information about past and pending orders and also manage their own personal details, bank details and any details for subscribing for the newsletter service. The customer will be expected to manage their own access details responsibly and in accordance with the regulations in force and not pass them on to anybody else. Maclù will not be responsible, in any way, for the customer’s incorrect or improper use of their own password.
Advertising: Maclù uses the customer’s details for promotional purposes and to provide information about items available from its website (shop.maclu.it). The customer’s email will only be used for the purposes referred to in the regulations or, in other words, when necessary and with the customer’s consent. These promotional messages can be blocked free of charge by making a formal request to the addresses given on the website.
Market research surveys: the customer’s personal details may also be used to carry out market research surveys. This information will be handled anonymously and for the sole purpose of compiling statistics for Maclù. The customer can oppose this at any time. The answers the customer gives as part of these market research surveys will not be revealed to third parties or made public. The answers to the questions in our surveys are not recorded along with your email address.
Subscription to the newsletter: these newsletters provide customers with information about special offers and other news about Maclù. Maclù will use the information collected as part of the newsletter service to personalise these services and adapt them to the customer’s preferences and interests, as well as using them for promotional purposes and market research surveys.
Personal details and information will mainly be handled by means of computer tools using organisational methods closely tied to the underlying purposes of this service. As well as the Controller, certain outsiders may, in certain circumstances, have access to this information (i.e., third-party providers of technical services, courier services, hosting providers, computer companies, communications agencies). An updated list of those with access can always be requested from the Data Controller.
Passing on personal details
Personal details may be passed on to:
After viewing this document, the customer gives their consent to the handling and processing of their own personal details for the purposes and in the ways described in the item above. Refusing to provide your personal details might prevent Maclù from processing your orders and providing any supplementary services required (registration, technical updating of your profile, deliveries etc.).
The customer is entitled to be informed about the source of their personal details, the use to which they will be put, and how they will be processed. They are also entitled to be informed about the processing of their details by electronic means and provided with details about the Data Controller and Data Processor, anybody representing them, and the people/categories of people to whom their personal details may be passed on or who may have access to this information. The customer has the right to: (a) update, modify or supplement their personal details, whenever they see fit; (b) cancel, render anonymous or block any personal information processed illegally, including any that does not need to be kept for the purposes for which the information was collected or subsequently processed; (c) be notified that the operations referred to in letters (a) and (b) have been communicated (including their content) to the people to whom the data has been passed on, except in the case in which this should prove impossible or require a disproportionate amount of resources in relation to the right being protected. The customer has the right to either totally or partially object: (a) for legitimate reasons, to the processing of their personal details, even if they are relevant for the purposes of the data collecting; (b) the processing of their personal details for the purpose of sending out advertising or direct sales material or for carrying out market research or business communication operations.
During standard operating, the computer systems and software procedures used for operating the website shop.maclu.it acquire certain personal details, whose transmission is implicit in the use of Internet communication protocols. This information is not collected to identify users, but, due to its very nature, it might enable users to be identified when processed and associated with data held by third parties.
This includes the IP addresses or dominion names of computers used by users accessing the website, addresses in URI form (Uniform Resource Identifier) of resources being requested, the time of the request, the method used to submit a request to the server, the size of the file received in response, the numerical code indicating the state of the response from the server (completed, mistake, etc.) and other parameters related to the user’s operating system and computer environment. These data are only used to obtain anonymous statistical information about how the website is used and to monitor whether it is operating properly and are cancelled immediately after being processed.
These data could be used for identifying the perpetrators of hypothetical computer crimes against the website or third parties: this eventuality aside, as things currently stand, data about web contacts are not stored away permanently unless specifically requested by the user.
We hereby inform you that sending these temporary cookies is necessary for providing certain parts of the service and for completing the sale of items for which we need to identify the user’s path through the various pages on the website.
The following information is recorded whenever the website is accessed, regardless of whether a cookie is being used: type of browser (e.g. Internet Explorer, Firefox), operating system (e.g. Windows, Macintosh), the visitor’s host server and URL, as well as information about the page being consulted. This information may be used in an aggregated, anonymous form for statistical analyses of how the website is being used. Finally, the use of session cookies (which are not stored permanently on the user’s computer and vanish when the browser is closed) is strictly confined to the transmitting of session identifiers (consisting of random numbers generated by the server) required for browsing the website safely and efficiently.
You can easily disactivate the cookies at any time using your browser’s configuration option.
The decision not to allow your browser to accept cookies may limit the functions that can be used on our website.
Personal details processed by Maclù or partners – Data Controller and Data Processor.
The Data Controller is: Maclù di Claudia Corbetta, whose registered office is Via Friuli 61, 20135 Milan.
The present Data Processor is Claudia Corbetta. Maclù will provide prompt notification of any alterations or additional data processors, posting the information on its website.
In accordance with article 29 of the Code, you will be entitled to contact the Data Controller at any time by sending an email to email@example.com to exercise your rights as stipulated in article 7 of the Code.
Which countries can I make on-line purchases from?
You can make your purchases in Italy, but remember we do not deliver to the towns of Livigno and Monte Campione or anywhere else in Europe.
How many languages is the website translated into?
The website is available in Italian and English.
Can I receive regular updates aboutMaclù’s latest products and offers?
Yes, just sign up for the Newsletter and you will be kept up-to-date with all the latest Maclù products and special offers.
Can I unsubscribe from the Newsletter?
You can cancel your subscription at any time from the “My personal details” section or by sending a request to cancel your subscription to any of the Maclù contact addresses on the website.
Can I track my order?
Yes, you can track your order at any time from the “My orders” section
Can I cancel items from my order?
Yes, you can remove one or all of the items from your basket before completing your order, but once the order has been sent off toMaclù it can no longer be cancelled.
You can cancel your entire order and make a new one or exercise your right to withdraw from the contract within the set deadline and according to the procedures given in the general terms and conditions of sale.
Can I exchange items I have purchased?
No, but you are legally entitled to return items. Please take a look at our Terms and Conditions of Sale (GTCS).
What payment methods can I use to make a purchase?
The following payment methods are available:
1) Credit card: Mastercard-American Express-Visa
3) Bank transfer
Choose the “bank transfer” option when you have completed your order. You will then automatically receive our bank details by email. Please make your bank transfer immediately after completing your order, indicating the order number in the appropriate box. Your order will be sent off as soon as payment has been received on our bank account.
Where can my order be delivered?
You can have your order delivered to your chosen address (home, office …). We do not accept orders to be delivered to Post Boxes or general delivery addresses (poste restante).
We deliver all over Italy, except for: Livigno and Campione d’Italia.
What are the delivery times?
STANDARD shipping : 2-4 working days from the date when you receive an email confirming your order has been accepted and, in case of payment by bank transfer, the day after the payment is made onto our account
STANDARD shipping to Calabria, Sardinia, Sicily, Venice and other islands : 3-5 working days from the date when you receive an email confirming your order has been accepted and, in case of payment by bank transfer, the day after payment is made onto our account
There is no EXPRESS delivery service.
What are the shipping rates?
Mail Boxes Etc
Calabria, Sicily, Sardinia
Mail Boxes Etc
Mail Boxes Etc
Can I track my order?
Yes, you can track your order any time from the “My orders” section”
CEXCHANGE, CANCELLING ORDERS
Can I exchange items I have purchased?
No, but you are entitled to return items
Can I return an item?
You have the right to withdraw free of charge within 15 days of receiving the items you ordered. Fill in the returns form and follow the procedure given in the “My account” section. Please call us if you have any queries.
Under what circumstance can I exercise my right to withdraw?
You have a right to withdraw under the following circumstances:
Which courier service should I use to return items
You can return items using any courier service you like.
Do I have to cover the costs of returning the items?
All costs involved in sending back items are at your own expense.
How and when will I be refunded?
After Maclù has checked everything is in order and accepted your return, you will receive a confirmation email.
Maclù will refund you as soon as possible and you will be refunded by the same payment method used to make the purchase. Please remember the time involved in making a refund depends on the payment method used and your bank.
Maclu’ reserves the right to refuse returns made after the set deadline or items that are no in an acceptable state for returning.