GENERAL CONDITIONS OF SALE FOR ONLINE PURCHASE
Manao di Vandi Sabrina, with registered office in San Marino (RSM), Via tre Settembre 17, registered with the San Marino Chamber of Commerce at no. 1044 of the Company Register, Operator code (VAT number) n. SM24203, email address info@manao-shop.it, tel. 0549908548, makes available to all users the possibility of purchasing the Products it offers for sale via the Internet via the website www.manao-shop.it
1. GENERAL NOTES
These General Conditions of Sale (“General Conditions”) are governed by the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments) and by the rules on electronic commerce (Legislative Decree no. 70/2003 and subsequent amendments). s.m.) and apply exclusively to distance sales via the web of the Products shown on the website www.manao-shop.it
In the event of a change in the General Conditions with respect to the purchase order, the General Conditions published on the site at the time the Order is sent by the Customer will apply.
The expression "Buyer" or "Customer" means both the Consumer, a natural person who makes the purchase referred to in this contract for purposes not related to any commercial or professional activity carried out, and the Professional as defined in the art. 3 of the Consumer Code.
The expression «Producer, Intermediary or Supplier» means MANAO by Vandi Sbarina
2. OFFER TO THE PUBLIC
2.1 The Products with their prices, as present on the Site, constitute an offer to the public in accordance with the methods specified in the General Conditions and on the Site itself. The conditions of this offer apply exclusively to purchases made on the website indicated above. The purchase contracts stipulated on the Site and concerning the Products are concluded with Manao di Vandi Sabrina.
2.2 The Products referred to in the previous point are illustrated on the web page: www.manao-shop.it
3. METHOD OF STIPULATING THE CONTRACT
The contract between Manao and the Customer is concluded via the internet by the buyer accessing the address www.manao-shop.it, where, following the procedures, the Buyer will formalize the purchase order of the goods .
4. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is concluded through the exact completion of the order form, the acceptance of the general contract conditions, which are accepted by clicking on the appropriate flags connected to the respective links, by opening which it is possible to download, save and/or print the same conditions, and the consent to the purchase expressed through the subscription sent online, preceded by the display of a web page confirming and summarizing the printable order containing the details of the orderer and the order, the price of the purchased good , shipping costs and any additional additional charges, payment methods and terms, the address where the goods will be delivered. The Purchase Contract will be considered concluded between MANAO and the Customer upon receipt of the order by Manao. In this case Manao will send an order confirmation email to the email address communicated by the Customer containing the order number, the details of the orderer and the order, the price of the goods purchased, shipping costs and any additional additional charges, payment methods and terms, the address where the goods will be delivered and any special conditions applicable to the individual order and determined following specific requests from the Customer.
4.2 In order to proceed with the Purchase Order, the Customer may, alternatively, follow the following methods:
a) if the Customer is already registered on the Site, it will be sufficient to enter their login credentials (username and password) by entering them in the “Login | Sign in",
4.3 MANAO offers its Customers the possibility of using, free of charge, the telephone support of MANAO staff for assistance and filling out their Purchase Order. To use this service, the Customer can contact customer service at info@manao-shop.it
5. PAYMENT AND REFUND METHODS
5.1 Payment for the Order may be made either by cash on delivery, the additional costs of which will be borne by the customer, at the time of delivery of the Product by the appointed carrier or at the time of forwarding the online order to MANAO, indicated in the section “Payments” by following the instructions for making the payment shown on the web page, thus choosing to carry out the transaction automatically when confirming the order.
5.2 For online payment MANAO has chosen the PayPal electronic payment circuit and credit cards. In the case of payment with PayPal, the transaction is carried out directly on PayPal's secure server and at no time during the purchase procedure will the Seller be able to know the Customer's credit card number as this number will be forwarded directly to the service manager banking via a secure connection. Specifically, all credit card information will be forwarded directly to the bank which will process the payment via a secure connection. Under no circumstances will MANAO be able to view your credit card data.
In both cases MANAO is not responsible for any fraudulent or illicit use that may be made by third parties of the credit cards used when paying for the products purchased. In order to better protect the Customer and MANAO from fraudulent transactions, the latter reserves the right to request, if necessary, additional personal data (copy of identity card, etc.)
5.3 Any refund to the Buyer will be credited using one of the methods proposed on the Site by the Supplier and chosen by the Buyer, in a timely manner and, in the event of exercising the right of withdrawal, within 14 days at the latest. from the date on which MANAO verified the integrity of the returned items.
6. DELIVERY METHODS, TIMES AND COSTS
6.1 MANAO will deliver the products selected and ordered through specially appointed specialized carriers. At the time of delivery, the presence of the Customer or a trusted person is required to check that the packaging is intact and that the Products received correspond to what is stated on the order. In case of visible defects, such as incorrect quantities and/or incorrect product and non-integrity of packaging, MANAO asks the Customer, or his trusted representative, to report the aforementioned anomalies on the transport document by collecting the goods with “Control reserve” and to contact MANAO by e-mail to the e-mail address info@manao-shop.it within 7 days of receiving the order. If the report is not made within the indicated times MANAO reserves the right not to accept the report.
MANAO will send the Customer an e-mail in which he is notified of the delivery of the package to the Courier and which will allow him to check the status of the shipment by means of the tracking number (shipping code) or possibly contact the Courier directly for check its status.
6.2 Delivery costs are borne by the Customer and detailed in the Purchase Order and in the subsequent Order Confirmation.
6.3 Package insurance is optional, if it is not required, the seller does not assume responsibility for the loss or damage of the package itself. The package will travel under the responsibility of the buyer and the seller will be released from any obligation from the moment the package is delivered to the courier.
To request the insurance, simply write it in the order notes space in the cart when confirming the purchase.
7. PRICES
7.1 The total price relating to the purchase of the goods covered by this contract is that resulting from the order confirmation sent by email.
8. LIMITATIONS OF LIABILITY
8.1 MANAO assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the times established by the contract.
8.2 MANAO cannot be held responsible towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its control or that of its sub-suppliers.
8.3 MANAO will also not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, the Buyer having the right only to a full refund of the price paid and any additional costs incurred .
8.4 MANAO assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, when paying for the products purchased, if it demonstrates that all precautions have been taken possible based on the best science and experience of the moment and on the basis of ordinary diligence.
9. LIABILITY FOR DEFECT, PROOF OF DAMAGE AND COMPENSABLE DAMAGES: THE SUPPLIER'S OBLIGATIONS.
9.1 Pursuant to articles. 114 et seq. of the Consumer Code, the Supplier is responsible for damage caused by defects in the goods sold if he fails to communicate to the injured party, within three months of the request, the identity and domicile of the producer or of the person who supplied him with the goods.
9.2 The aforementioned request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if it still exists.
9.3 MANAO cannot be held responsible for the consequences resulting from a defective product if the defect is due to the conformity of the product to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge at the time in which the manufacturer put the product into circulation, it still did not allow the product to be considered defective.
9.4 No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
9.5 In any case, the injured party will have to prove the defect, the damage, and the causal connection between the defect and the damage.
9.6 The risk of loss or damage to the purchased goods is transferred by MANAO to the Buyer when the latter, or a third party designated by him and other than the carrier, acquires physical possession of the goods. However, the risk is transferred to the Buyer upon delivery to the carrier if the Buyer has instructed the carrier to transport the goods and the chosen carrier has not been proposed by MANAO, without prejudice to the Buyer's rights against the carrier.
10. LEGAL GUARANTEES
to. Legal guarantee for the Consumer Customer: the Consumer Customer, as defined in the art. 3 of the Consumer Code (Legislative Decree 6 September 2005 n. 206) has the right to make use of the legal guarantee provided by the Consumer Code itself in articles. From 128 to 132. MANAO is liable for any lack of conformity that occurs within two years of delivery of the goods. For the purposes of this contract, it is presumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are usually used; b) conform to the description made by the seller and possess the qualities of the goods that the seller presented to the consumer as a sample or model; c) present the usual quality and performance of goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, the public declarations on the specific characteristics of the goods made in this regard by the seller, the manufacturer or his agent or representative, in particular in advertising or on labelling; d) are also suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of conclusion of the contract and which the seller also accepted for conclusive facts. The Buyer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The report is not necessary if the seller has recognized the existence of the defect or has hidden it. In any case, unless proven otherwise, it is presumed that the defects of conformity which appear within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of conformity. compliance.
In the event of a lack of conformity, the Buyer may request, alternatively, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code. The request must be sent by email to info@manao-shop.it, which will indicate its willingness to process the request, or the reasons that prevent it from doing so. In the same communication, if it has accepted the Buyer's request, it must indicate the methods of shipping or returning the goods as well as the deadline expected for the return or replacement of the defective goods. If repair and replacement are impossible or excessively burdensome, or the Supplier has not repaired or replaced the goods within the deadline referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the The buyer may request, at his/her choice, an appropriate reduction in the price or termination of the contract. In this case, the buyer must send his request to the Supplier, who will indicate his willingness to process it, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where MANAO has accepted the Buyer's request, it must indicate the proposed price reduction or the methods for returning the defective goods. In such cases MANAO will re-credit the sums paid by the Buyer using the methods used at the time of purchase and, only in the case of payment by cash on delivery, by bank transfer. In the event of replacement or repair of the Product, the terms of the Warranty of the Product replaced or resulting from the repair are the same as those of the original product. Therefore, the overall two-year duration of the legal guarantee will in any case start from the delivery of the original Product. To take advantage of the guarantee we recommend that you show the purchase document.
b. Legal guarantee for the non-consumer customer (professional): the professional customer, as defined in the art. 3 of the Consumer Code, has the right to make use of the legal guarantee provided by the Civil Code. This Guarantee requires, among other things, that the non-Consumer Customer, under penalty of forfeiture, reports to MANAO any lack of conformity found in the product purchased within 8 (eight) days of discovery. The legal guarantee referred to above is valid for a maximum of 12 (twelve) months from delivery of the product. Beyond this deadline, MANAO will therefore not be responsible for defects of conformity found by the non-Consumer Customer. To take advantage of the guarantee we recommend that you show the purchase document.
11. RIGHT OF WITHDRAWAL
11.1 The Buyer has the right to withdraw from the stipulated contract, within 14 days, starting from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the purchased goods. The notice of withdrawal must be sent by e-mail to info@manao-shop.it
11.2 In the event that MANAO has not satisfied the information obligations on the existence, methods and times of return or collection of the goods in case of exercise of the right of withdrawal referred to in the art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months and starts from the end of the initial withdrawal period.
11.3 If, within 12 (twelve) months from the date of which this contract MANAO provides the Buyer with information on the existence, methods and times of return or collection of the goods in case of exercise of the right of withdrawal referred to in art. 52 of the Consumer Code, the withdrawal period expires 14 (fourteen) days after the day on which the Buyer receives the information.
11.4 If the Buyer decides to exercise the right of withdrawal, he must use the appropriate form and give other explicit communication to MANAO and send everything by e-mail to the e-mail info@manao-shop.it, provided that communications are confirmed at the address indicated above within the following 48 (forty-eight) hours. The stamp placed by the post office on the receipt issued will be considered as proof between the parties. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided within the same terms. The date of delivery to the post office or courier will prevail between the parties.
11.5 The Buyer cannot exercise this right of withdrawal for contracts for the purchase of products whose packaging is sealed, which have been opened by the Buyer, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or are likely to deteriorate or expire rapidly.
11.6 The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them.
11.7 MANAO will refund the amount paid by the Buyer using the same payment method used by the Buyer. The refund will be made only on condition that the returned goods are intact, unused and complete with packaging. Otherwise the product will be returned to the Buyer at his expense.
11.8 Upon receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
11.9 In the case of returns due to withdrawal, the shipping costs for returning the products are borne by the end customer.
The return will be the responsibility of the end customer until the box is delivered to our warehouse.
12. PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER'S DATA
12.1 MANAO protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in the Legislative Decree. 30 June 2003, n. 196 and EU Reg. n. 679/2016.
12.2 The personal and fiscal data acquired directly and/or through third parties by MANAO, data controller, are collected and processed in paper, electronic and telematic form, in relation to the processing methods with the aim of recording the order and activating the the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best carry out the requested service (art. 24 , paragraph 1, letter b, Legislative Decree no. 196/2003
12.3 MANAO undertakes to treat the data and information transmitted by the Buyer with confidentiality and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited upon request of the judicial authority or other authorities authorized by law.
12.4 Personal data will be communicated, upon signing of a data confidentiality commitment, only to subjects delegated to carry out the activities necessary for the execution of this contract and communicated exclusively within the scope of this purpose.
12.5 The Buyer enjoys the rights referred to in the art. 7 of the Legislative Decree. 196/03 and that is the right to obtain:
a) the updating, rectification or, when interested, integration of the data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed;
c) certification that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case in which this requirement is proves impossible or involves the use of means that are manifestly disproportionate to the protected right.
The interested party also has the right to object, in whole or in part:
i) for legitimate reasons to process personal data concerning him, even if pertinent to the purpose of the collection;
ii) to the processing of personal data concerning him for the purposes of sending advertising or direct sales material or for carrying out market research or commercial communication.
