1. DEFINITION AND SUBJECT OF THE CONTRACT
1.1 This contract (“Contract”) is a remote contract governed by Chapter I, Title III (art. 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”) and Legislative Decree no. 70 of 9 April 2003, containing the rules of electronic commerce, as amended.
1.2 The purpose of the Contract is the offer and sale of products (“Products”) between Marketing Dream Team srl (“MDT”), with registered office in Via Fratelli Gabba 1/A – 20121 Milan – Italy, VAT no. IT02072010222 and the Consumer (the “Customer”). The Contract is concluded directly through the acceptance by MDT of a purchase proposal issued by the Customer through the e-commerce platform called “www.olisticamdt.com” (also, alternatively, the “Website”).
1.3 The General Terms and Conditions of Sale may be amended at any time. Any changes and/or new conditions will be in force from the time of their publication in the “General Conditions of Sale” section of the Website. For this reason, Customers are invited to regularly access the Website and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date the Purchase Order is sent. The Customer is invited to carefully read these General Conditions of Sale, which MDT makes available in the “General Conditions of Sale” section of the Website and which the Customer is allowed to save and copy, as well as all other information that MDT provides on the Website, both before and during the purchase procedure.
2. REGISTERING TO THE WEBSITE
2.1 Registering to the Website is free of charge.
2.3 Registration credentials must be used exclusively by the Customer and may not be transferred to third parties. The Customer undertakes to keep them secret and to make sure that no one has access to them, and to inform MDT without delay, in case of suspected misuse and/or disclosure. The Customer guarantees that the personal information provided during the registration procedure to the Website is complete and truthful. Each Customer is allowed to register to the Website only once, as multiple registrations made by the same Customer are prohibited. Should MDT find out that the same Customer has registered several times to the Website, MDT reserves the right to proceed, immediately and without notice, to block the relevant MDT account. The Customer agrees to hold MDT harmless from any damage, indemnification obligation and/or sanction arising from and/or in any way related to the Customer’s violation of the rules on registering to the Website or on the retention of registration credentials.
3. INFORMATION FOR CONCLUSION OF THE CONTRACT
3.1 In compliance with Legislative Decree no. 70 of 9 April 2003, as amended and supplemented, containing provisions on e-commerce, MDT informs the Customer that: in order to conclude the Contract for the purchase of one or more Products on the Website, the Customer must fill out an on-line order form (“Order Form”) following the instructions prompted on the Website and that will accompany the various stages of the purchase; it contains the reference to the General Conditions of Sale, the images of each product and its price, the means of payment that can be used, the methods of delivery of the products purchased and the related shipping and delivery costs, a reference to the conditions for the exercise of the right of withdrawal.
3.2 Before transmitting the Order Form, the Customer may identify and correct any data entry errors by following the instructions indicated on the Website.
3.4 The Customer is obliged to pay the total amount of the order placed from the time the online order form submission procedure is completed. This is done by clicking on the “Finish Order” button at the end of the wizard.
3.5 The images and descriptions in each Product Sheet reproduce as faithfully as possible the characteristics of the Products but must always be understood as indicative. For the purposes of the Purchase Agreement, the descriptions of the Product Data Sheets contained in the Product Order Form submitted by the Customer shall prevail. It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics but may differ slightly even though reproduced in photographic studios, the shade varies depending on the type of lighting used in the studio warm lighting/cold lighting/distance between the product and the surrounding lighting and the type of camera used. The images may also differ in size or in relation to any accessory products. These images should therefore be understood as indicative and with tolerances for use. In addition, the very method of making the products, which are mostly artisan in nature, implies significant differences from product to product.
3.6 The Contract is concluded when MDT receives the Order Form filled in by the Customer.
3.7 Once the Contract is concluded, MDT sends an email to the address indicated by the Customer with the Order Confirmation and then processes the order.
3.8 The Order Form will be stored in MDT’s database for the time necessary to process the order and, in any case, within the terms of the law. To access your order form, the Customer can consult the “Account – Orders” section of the Website where all orders placed are listed.
4. PRICES AND PAYMENT METHODS
4.1 All prices of the Products are expressed in Euro (€) and are inclusive of taxes where due. Delivery costs are indicated on the Website. Prices are subject to change at any time. The changes do not apply to orders for which an Order Confirmation has already been sent.
4.2 Payment for the Products can be made by credit card, PayPal or by bank transfer in advance.
4.3 The commercial invoice will be issued automatically with each purchase. On the occasion of the first purchase, the Customer will be asked to communicate the data for making out the invoice, including the tax code/VAT number. The data may subsequently be modified. The invoice for each purchase will be available in the “Account – Orders” section. For the issuance of the invoice, the information provided by the Customer will be considered authentic, declared and guaranteed to be true, obliging the Customer to hold MDT indemnified and harmless from any damage, including any penalties issued by competent authorities arising from false information.
5. PRODUCT AVAILABILITY
5.1 MDT accepts the Customer’s orders within the limits of the quantities of the requested Products in stock. Therefore, acceptance by MDT of the Order Form submitted by the Customer is subject to the availability of the Products in stock. MDT undertakes to promptly notify the Customer of any unforeseeable stock shortages due to excess demand or other causes.
6. DELIVERY OF PURCHASED PRODUCTS
6.1 Deliveries of purchased Products are made both in Italy and abroad on the basis of the conditions and terms specified when ordering the Product.
6.2 The terms and shipping costs of each Product selected by the Customer will be specifically indicated during the purchase procedure and, in any case, before its completion. They will also be indicated in the Purchase Order Confirmation and in the “Account – Orders” section of the Website.
FOR ITALY: The cost for each shipment throughout the Italian territory (including the islands) is free.
FOR EUROPE*: The fixed cost for each shipment is 20,00 euro VAT included for purchases up to 349,99 euro VAT included. The shipping costs of purchases over 350,00 euro (VAT included) are free.
*Member States of the European Union in addition to Italy (Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden); States party to the Schengen Agreement in addition to those members of the European Union (Iceland, Liechtenstein, Norway, Switzerland); United Kingdom; Andorra; Monaco; Republic of San Marino; Vatican City.
FOR THE REST OF THE WORLD: MDT also ships to the rest of the world. For information on shipping methods, times and costs, send an e-mail to email@example.com.
6.3 The goods always travel at the buyer’s risk.
6.4 If MDT stipulates the contract of carriage with the carrier, it will always act on behalf of and at the expense of the purchaser, with the consequences as per art. 6.3. In this case, the price of the Products shown on the invoice will include transport costs.
6.5 MDT is not required to conclude any transport risk insurance contract.
6.6 In the event of loss or damage to the goods during transport or in the event of delays in delivery attributable to the forwarder and/or carrier, the Customer shall be entitled to claim only against the forwarder and/or carrier in charge, MDT being excluded from any liability in this regard.
7. GUARANTEES AND ASSISTANCE
7.1 For the products purchased by the Customer, the rules on guarantees and assistance regarding the sale of consumer goods are applicable to MDT.
8. RIGHT OF WITHDRAWAL
8.1 The Customer who has purchased Products through the Website and is a Consumer has the right of withdrawal from the contract concluded with MDT without having to specify the reason, within fourteen (14) days from receipt of the Products.
8.2 The withdrawal period (“Withdrawal Period”) expires after 14 days:
8.3 To exercise the right of withdrawal, the Customer must inform MDT, before the expiry of the Withdrawal Period, of its decision to withdraw.
8.4 To this end, the Customer should fill in the “Withdrawal Form” in all its parts, date and sign it, then send the document according to one of the following methods:
If the Customer makes use of the Declaration of Withdrawal, the Customer is invited to indicate in the Withdrawal Form the order number, the Product(s) for which he/she intends to exercise the right of withdrawal and his/her address. As the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the Customer, it is in the Customer’s interest to use a durable medium when notifying MDT of the withdrawal.
8.5 Return of the Product is the responsibility of the Customer. The cost of returning the products is payable by the Customer.
8.6 Returned Products must be sent to this address: Marketing Dream Team srl, Via del Commercio 70/72 – 38121 Trento – Italy. The goods must be returned intact, never used or assembled, in the original packaging, complete in all parts, with the attached fiscal documentation and a signed copy of the Withdrawal Form. Without prejudice to the right to verify compliance with the above, the Website will refund the full amount of the Products subject to withdrawal within a maximum period of 14 days from receipt of the goods.
8.7 The Customer is only liable for any decrease in the value of the goods resulting from handling the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use 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 (which do not constitute stand-alone products) of the Product.
8.8 In the event that the withdrawal has not been exercised in accordance with applicable law, it will not result in the termination of the contract and, consequently, will not entitle you to any refund.
8.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value.
8.10 Holders of a VAT number are not subject to art. 59 of the Consumer Code and therefore cannot exercise the right of withdrawal.
9. CUSTOMER OBLIGATIONS
9.1 The Customer declares and guarantees that he/she is of legal age and that the data provided by him/her for the execution of the Contract are correct and truthful.
10. TRANSFER OF RISK
10.1 The risks relating to the Products shall transfer to the Customer from the time of delivery. Ownership of the Products shall be deemed to have been acquired as soon as full payment of all amounts due are received for the Products, including shipping costs, or at the time of delivery, if this occurs at a later date.
11. LIABILITY LIMITATIONS
11.1 Apart from cases of wilful misconduct or gross negligence, MDT is in no way liable to the Customer for any direct or indirect damages that may result from the purchase of Products offered for sale on the Website. MDT also declines any contractual or non-contractual liability for direct or indirect damages, caused by the non-acceptance or fulfilment, even partial, of an Order.
12. SAFEGUARD CLAUSE
12.1 Should one of the clauses of these General Conditions of Sale be null and void for any reason whatsoever, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.
13. APPLICABLE LAW AND PLACE OF JURISDICTION
13.1 These General Terms and Conditions of Sale are governed by Italian law and interpreted in accordance with it, without prejudice to any other overriding mandatory rules prevailing in the Customer’s country of habitual residence. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
13.2 Any disputes inherent and/or consequent to the same shall be settled exclusively by the Italian judicial authority. In particular, any disputes shall be settled by the Court of Milan.
14. DATA PROCESSING
Marketing Dream Team srl, with registered office in Via Fratelli Gabba 1/A – 20121 Milan – Italy
15. CUSTOMER SERVICE AND COMPLAINTS
15.1 You can request information, send communications, request assistance or submit complaints by contacting Customer Service.
Contact us by writing to firstname.lastname@example.org or leaving a message on our “Contact Form”.
Alternatively you can call our Customer Service at the number: 345.2194327 (Monday to Friday 9.00 AM -12.30 PM /14.00-18.00 PM. Holidays excluded)
Trento, 22 October 2020