Termini e condizioni d'uso

GENERAL SALES CONDITIONS 

Preamble 

This information is provided for the website "http://www.mavment.com" (Site) owned by Mavment s.r.l., located at via colle della maddalena 4/A, Giffoni Valle Piana SA 84095 IT, with VAT no. 05426900659 (Seller).

Art. 1. Scope 

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of the Legislative Decree of 6 September 2005, no. 206 (Consumer Code) and by the Legislative Decree of 9 April 2003, no. 70, containing the electronic commerce regulations.

1.2 The General Sales Conditions apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, excluding Saturdays, Sundays, and national holidays.

1.3 The General Sales Conditions can be modified at any time. Any changes and/or new conditions will be effective from the moment they are published on the Site. You are therefore invited to regularly access the Site and consult the most updated version of the General Sales Conditions before making any purchase.

1.4 The applicable General Sales Conditions are those in effect on the date the purchase order is sent.

1.5 These General Sales Conditions do not regulate the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners, or other hyperlinks. Before making transactions with these parties, you need to check their sales conditions. The Seller is not responsible for the provision of services and/or the sale of products by these parties. The Seller does not perform any control or monitoring on the websites accessible through these links. The Seller is therefore not responsible for the content of these sites or for any errors, omissions, or legal violations by them.

1.6 You are required to carefully read these General Sales Conditions as well as all other information the Seller provides on the Site.

1.7 Sending the purchase order constitutes acceptance of these General Sales Conditions.

Art. 2. Purchases on the Site 

2.1 Purchasing on the Site can be done after registering on the Site and is allowed for both consumers and professionals. As per art. 3, first paragraph, letter a) of the Consumer Code, it is noted that a consumer is a natural person acting for purposes unrelated to any business, commercial, professional, or artisanal activity carried out; while as per art. 3, first paragraph, letter c) of the Consumer Code, a professional is a natural or legal person acting in the exercise of their business, commercial, artisanal, or professional activity, or their intermediary.

2.2 The Seller reserves the right to refuse or cancel orders coming from:

  • a user with whom the Seller has an ongoing legal dispute
  • a user who has previously violated the General Sales Conditions
  • a user who has provided false, incomplete, or incorrect identification data or has not sent the required documents to the Seller in a timely manner or has sent invalid documents.

Art. 3. Site Registration 

3.1 To register on the Site, you must fill out the appropriate form, entering the following data:

  • First name
  • Last name
  • Email
  • Password.

3.2 You undertake to inform the Seller immediately if you suspect or become aware of unauthorized use or unauthorized disclosure of the site access credentials.

3.3 The user registered on the Site guarantees that the personal information provided is complete and truthful and commits to keeping the Seller harmless from any damage, compensation obligation, and/or penalty arising from and/or in any way related to the violation by the user of the rules on site registration or the conservation of registration credentials and/or the provision of false, incomplete, or incorrect personal data, notwithstanding the Seller's right to disable the user's account.

Art. 4. Information for Contract Conclusion 

4.1 In accordance with the Legislative Decree of 9 April 2003, no. 70, which provides regulations on electronic commerce, the Seller informs you that:

  • To conclude a purchase contract on the Site, you must fill out an electronic order form and send it to the Seller electronically, following the instructions that will appear on the Site from time to time.
  • The contract is concluded when the order form reaches the Seller's server.
  • Once the order form is received, the Seller will send you a confirmation email containing:
    • Information about the features of the purchase
    • The price indication.

  • Art. 5. Product Availability 

    5.1 The products offered on the Site are limited in number. Therefore, it may happen, even due to the possibility that multiple users purchase the same product simultaneously, that the ordered product is no longer available after submitting the purchase order.

    5.2 Information regarding the availability of each product is provided on the Site.

    5.3 You will be informed if the ordered product is not available. In this case, you have the right to terminate the purchase contract pursuant to the provisions of art. 61, IV and V paragraph, of the Consumer Code.

    5.4 Alternatively, you may accept:

    • If restocking is possible, a delay in delivery terms offered by the Seller, indicating the new delivery date.
    • If restocking is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment of the difference in this latter case, and upon explicit acceptance by the user.

    5.5 If a refund is requested for the amount paid for products that later turned out to be unavailable, the Seller will process the refund within a maximum period of 15 days.

    5.6 If you exercise the right of termination pursuant to art. 61, IV and V paragraph, Consumer Code, the contract is terminated. If the payment of the total amount due, consisting of the product price, shipping costs (if applicable), and any other potential costs, as indicated in the order (Total Due Amount), has already occurred, the Seller will refund the Total Due Amount as set out in the article "Payment Methods" below.

    Art. 6. Information Card 

    6.1 Each product is accompanied by an information page illustrating its main features (Information Card). The images and descriptions on the Site reproduce the product characteristics as faithfully as possible. However, the colors of the products may differ from the actual ones due to the settings of the computer systems or computers used for their display. Moreover, the images of the product in the Information Card may differ in size or in relation to any accessory products. Such images should therefore be considered indicative and within acceptable tolerances.

    Art. 7. Prices 

    7.1 All product prices posted on the Site are inclusive of Value Added Tax (VAT).

    7.2 The Seller reserves the right to change the product prices at any time, without notice, provided that the price charged to you will be the one indicated on the Site at the time of placing the order.

    7.3 Shipping costs, if applicable, are expressly and separately indicated in the order form before the user submits it.

    Art. 8. Purchase Orders 

    8.1 The Seller will ship the products only after receiving confirmation of payment authorization or after the Total Due Amount has been credited. Ownership of the products will be transferred to you at the time of shipment, meaning when the product is handed over to the carrier. The risk of loss or damage to the products, not attributable to the Seller, will be transferred to you when you or a third party designated by you, other than the carrier, physically receives the products.

    The service you chose will be provided only following the payment of the Total Due Amount. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is determined that you have not fully or partially paid the Total Due Amount.

    8.2 The purchase contract is definitively conditioned upon the non-payment of the Total Due Amount. Unless a different written agreement with you is in place, the order will consequently be canceled.

    8.3 To submit a purchase order, you must read and accept these General Sales Conditions by selecting the appropriate box in the purchase process pages. Failure to accept these General Sales Conditions will prevent purchases on the Site.

  • Art. 9. Payment Methods 

    9.1 The following payment methods are accepted on the Site:

    • Credit/Debit Card
    • PayPal
    • Cash on Delivery
    • Bank Transfer

    9.2 The Seller accepts credit cards from the following networks:

    • VISA
    • MasterCard (Cirrus Maestro)
    • PostePay
    • American Express

    They are, in any case, indicated in the footer of every page of the Site.

    The charge will be made only after (i) your payment card data used for the payment has been verified and (ii) the card issuing company you used has authorized the charge.

    In accordance with Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), users are informed that they may be required to complete the purchase process by meeting the authentication criteria required by the payment institution responsible for managing the online payment operation. The authentication criteria refer to user identity (to meet this criterion, the user must be registered on the Site at the time of purchase) and the simultaneous knowledge of the authentication code sent by the payment institution (Strong Customer Authentication). Failure to complete the above procedure may result in the impossibility of finalizing the purchase on the Site.

    The card payment details (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers the Seller uses. Therefore, the Seller never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used for the purchase of the Products.

    The charge will be made at the time of order transmission.

    9.3 On the Site, purchases can also be made using the PayPal payment solution. If you choose PayPal as a payment method, you will be redirected to www.paypal.it where you will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by it and will not be transmitted or shared with the Seller. The Seller, therefore, cannot know and does not store in any way the payment card data linked to your PayPal account or the data of any other payment instrument connected to that account.

    In the case of payment via PayPal, the Total Amount Due will be charged by PayPal upon conclusion of the contract via the Site. In the event of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to you will be credited to your PayPal account. The credit timing on the payment tool linked to this account depends exclusively on PayPal and the banking system. Once the credit order has been issued in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, for which you will have to contact PayPal directly. Any type of refund to be made under these General Sales Conditions will be credited to your PayPal account.

    9.4 If you choose to pay by cash on delivery, at the time of product delivery, you must have in cash the amount indicated in the purchase order (as the courier is not authorized to accept checks and cannot give money in change): otherwise, the purchase contract will be considered terminated by law pursuant to art. 1456 c.c. You will be informed of the termination of the contract and the consequent cancellation of the order. Any refund to be made under these General Sales Conditions will be made by bank transfer to the bank details provided by you.

    9.5 If you choose bank transfer as a payment method, the Seller, once the order is received, will communicate to you via email the bank details and the deadline for making the transfer. The email may contain a request to send the receipt of the transfer made by email or confirmation of the same.

    In the case of payment by bank transfer, the delivery times of the Product indicated in the Product Sheet and/or on the Site will start from the date the Seller receives the transfer and not from the date of transmission of the order, as is the case when you choose other payment methods.

    Unless otherwise agreed, the Services will be provided only after receipt by bank transfer of the Total Amount Due.

    You are asked to indicate in the bank transfer details the following data:

    • the date of order
    • name and surname of the order holder, if different from that of the current account holder from which the transfer comes.

    From the order's submission, you must arrange payment within 2 working days. Otherwise, the Seller reserves the right to cancel the order in the following 5 working days.

    Art. 10. Product Delivery 

    10.1 Product deliveries are made: in Italy. The delivery obligation is fulfilled by transferring to you the material availability or control of the Product.

    10.2 Delivery costs are at your expense, unless otherwise indicated during the purchase process and/or in other parts of the Site. For delivery to certain areas, an additional fee may be required.

    10.3 From the order's submission date, the Products will be delivered within 2 days and, in any case, within thirty days from the contract's conclusion date.

    10.4 It is up to you to check the condition of the delivered product. Notwithstanding that the risk of loss or damage to the product, not attributable to the Seller, is transferred when you or a third party designated by you, other than the carrier, physically acquires the product, the Seller recommends that you verify the number of products received and that the packaging is intact, undamaged, neither wet nor otherwise altered, even in the closing materials, and you are invited, in your interest, to indicate on the carrier's transport document any anomalies, accepting the package with reservation. If the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. The application of the rules on the right of withdrawal (if applicable to the Product) and the legal guarantee of conformity remains in any case.

  • Art. 11. Right of Withdrawal 

    11.1 If you are a consumer, you have the right to withdraw from the product purchase contract without having to provide any reason and without having to bear costs other than those provided for in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

    a. in the case of an order for a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;

    b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or

    c. in the case of an order relating to the delivery of a Product consisting of lots or multiple pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

    11.2 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.

    11.3 You have exercised your right of withdrawal within the Withdrawal Period if the communication regarding the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following manner:

    Email: info@mavment.com

    Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with you, it is in your interest to use a durable medium when communicating your withdrawal to the Seller.

    11.4 In the event of exercising the right of withdrawal, you must return the Product to the registered office indicated at the beginning of these General Sales Conditions.

    11.5 The direct costs of returning the Products are at your expense, as is the responsibility for their transport.

    11.6 If you withdraw from the contract, the Seller will proceed with the refund of the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction. If you have returned the Products using a carrier of your choice and at your expense, the Seller may suspend the refund until receipt of the Products or until you have demonstrated that you have shipped the Products, whichever comes first.

    11.7 You are only responsible for the decrease in value of the goods resulting from handling the Product in a way other than what's necessary to establish the nature, characteristics, and functioning of the Product. The Product must still be stored, handled, and inspected with normal diligence and returned intact, complete in every part, perfectly functional, accompanied by all accessories and illustrative sheets, with identification tags, labels, and the disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use to which it is intended and free of signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

    11.8 If the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling the good in a way other than what's necessary to establish the nature, characteristics, and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to this decrease in value. The Seller will notify you of the circumstance and the consequent reduced refund amount upon receipt of the Product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due from you due to the decrease in value of the Product.

    11.9 If the withdrawal has not been exercised in accordance with the applicable legislation, it will not result in the termination of the contract and, consequently, will not entitle any refund. The Seller will notify you upon receipt of the Product, rejecting the withdrawal request. The Product will remain with the Seller available for your collection, which must take place at your expense and under your responsibility.

  • Art. 12. Legal Warranty All Products sold on the Site are covered by the Legal Warranty of Conformity provided by articles 128-135 of the Consumer Code (Legal Warranty).

    To whom it applies: The Legal Warranty is reserved for consumers. Therefore, it only applies to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity possibly carried out.

    When it applies: The Seller is liable to the consumer for any lack of conformity of the Product that manifests itself within two years from its delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered.

    Unless proven otherwise, it is assumed that the lack of conformity that manifests itself within six months of the delivery of the Product already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the lack of conformity. From the seventh month following the delivery of the Product, it will be the consumer's responsibility to prove that the lack of conformity already existed at the time of its delivery.

    To benefit from the Legal Warranty, the consumer must first provide proof of the date of purchase and delivery of the good. It is therefore advisable for the consumer, for this proof, to keep the purchase invoice or any other document that can attest to the date of the purchase (e.g., the statement of the payment card) and the delivery date.

    In the event of termination of the contract, the Seller will return to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs, and any other additional costs. In the event of a price reduction, the Seller will return the reduced amount, previously agreed upon with the consumer. The amount of the refund or reduction will be credited to the means or solution of payment used by the consumer for the purchase.

    The Seller is not responsible for any damages, of any nature, resulting from the improper and/or non-compliant use of the Product with the instructions provided by the manufacturer, as well as in the event of damages resulting from accidental events or force majeure.

    If you made the purchase as a "professional" according to the provisions of the Consumer Code, the previous paragraphs of this article do not apply. The legal warranty provided by art. 1490 of the Civil Code will apply to your purchase on the Site.

    Art. 13. Manufacturer's Conventional Warranty 

    13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can claim this warranty only against the manufacturer. The duration, extent, including territorial, conditions and modes of enjoyment, types of damages/defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary and does not replace, limit, or prejudice, nor does it exclude the Legal Warranty.

Art. 14. Applicable Law and Competent Court; Extrajudicial Dispute Resolution - Alternative Dispute Resolution/Online Dispute Resolution 

14.1 Purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not habitually reside in Italy of potentially more favorable and non-derogable provisions provided by the law of the country in which they habitually reside.

14.2 It should be noted that in the case of a consumer user, for any dispute related to the application, execution, and interpretation of this document, the court of the place where the user resides or has chosen domicile is competent. In the case of a professional user, for any dispute relating to the application, execution, and interpretation of this document, the court where the Seller is based as provided in Article 1 above is competent.

14.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user, who qualifies as a consumer under art. 3, paragraph 1, letter a) of the Consumer Code, that if he has submitted a complaint directly to the Seller, which did not result in a resolution of the resulting dispute, the Seller will provide information about the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded based on these General Conditions of Sale (ADR bodies, as indicated in arts. 141-bis and following of the Consumer Code), specifying whether or not he intends to use these bodies to resolve the dispute.

14.4 The Seller also informs the user, who qualifies as a consumer under art. 3, paragraph 1, letter a) of the Consumer Code, that a European platform has been established for the online resolution of consumer disputes (known as the ODR platform). The ODR platform can be consulted at the following address: http://ec.europa.eu/consumers/odr/. Through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to each of their sites, and start an online dispute resolution procedure in which they are involved.

14.5 In any case, the right of the consumer user to refer to the competent ordinary court for the dispute arising from these General Conditions of Sale is safeguarded, regardless of the outcome of the extrajudicial dispute resolution procedure relating to consumer relations through the procedures referred to in Part V, Title II-bis of the Consumer Code.

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

Art. 15. Customer Service and Complaints You can request information, send communications, request assistance, or submit complaints by contacting the Seller in the following ways:

  • By mail (via registered mail with return receipt), writing to Mavment s.r.l. via colle della maddalena 4/A Giffoni Valle Piana SA 84095 IT
  • By email, at the following address: info@mavment.com
  • By phone, at the following number: +39 089 0977654. The Seller will respond to complaints submitted within 5 days of receiving them.

Art. 16. Miscellaneous 

16.1 Cash on Delivery Shipping Costs: payment for goods upon delivery has a cost related to the total value of the shipment. For orders with a total equal to or less than €150.00 (including VAT), the surcharge is €6.00 (including VAT) on the total order value, while for orders over €150.00 (including VAT), the surcharge is 5% (including VAT) on the total order value. 16.2 If you buy with Scalapay, you receive your order immediately and pay in the number of installments you have chosen. Be aware that the installments will be transferred to Incremento SPV S.r.l., to related parties, and their assignees, and you authorize such a transfer. 

Art. 17. Mavment POINT 

17.1 Choosing the goods pickup service at MAVMENT POINT authorizes the shipment of purchased products to one of the authorized partners, selected by the customer during the purchase, without incurring shipping costs.

17.2 The customer independently chooses during the checkout phase, if available in their area, the MAVMENT POINT they prefer, where they will personally collect the goods.

17.3 The customer commits to presenting themselves at the Mavment POINT with proof of delivery and a valid ID. In the absence of one of the two required documents, it will not be possible to collect the goods.

17.4 Proof of delivery, necessary for order collection, will be sent to the customer using the email address with which they registered on mavment.com, as soon as the goods are shipped to the Mavment POINT.

17.5 The delivery times of the shipment remain unchanged from those indicated during purchase.

17.6 It will be necessary to contact the chosen Mavment POINT before going to the location and collecting the goods, to agree on the most suitable pick-up time.

17.7 It is the responsibility of the partner and the customer collecting the goods to check the package's integrity upon delivery.

17.8 In case of problems collecting the goods at the chosen location, it will be possible to request that the goods be collected and delivered to any other address, subject to payment of the shipping cost estimated during the request.

17.9 From the moment of collection, the goods are considered delivered and the responsibility is transferred to the customer.

17.10 Returns through Mavment POINT will follow the same policy as standard returns.

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