Terms of Sale
Dear Consumer customer, we inform you that MM Luxury by Massimiliano Merici (hereinafter identified with the term MM Luxury, with registered office in Via Versa 2 - 33100 Udine (UD), VAT number 02817600303, telephone number +393355248487 e-mail address firstname.lastname@example.org owns the website www.mmluxury.it (hereinafter identified with the term "Site"), which is the e-commerce division of MM Luxury itself and is to all intents and purposes the Professional supplier of the goods sold through the site (hereinafter identified as "Professional"). The Managing Director of MM Luxury is Massimiliano Merici.
We invite you to carefully read the General Conditions of Sale (hereinafter identified as "General Conditions") shown below and to print and/or save them on another durable medium of your choice.
Art. 1 - Scope of application of the General Conditions
• These General Conditions only regulate the contractual relationship between the Professional and the Consumer with reference to the discipline referred to in Legislative Decree no. 206 of 6 September 2005 (hereinafter identified as the "Consumer Code") and precisely to the discipline of the distance contract regulated by the articles from 50 to 61 of the Consumer Code.
• The updated Consumer Code can be consulted by visiting the website http://www.sviluppoeconomico.gov.it/images/stories/normativa/codice_consumo_giu2011.pdf.
• In these General Conditions, the term "Consumer" means the natural person who, acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, requests the purchase of one or more products, using the instrument of the contract distance, as defined by the Consumer Code.
• The contractual relationship between the Professional and subjects who cannot be identified as Consumers (based on the definition referred to in the previous paragraph) is governed by other contractual provisions not referable in any way to these General Conditions; in this case the non-Consumer must contact and agree with MM Luxury, prior to the conclusion of the order.
Art. 2 - General conditions
• The General Conditions applicable to each individual order will be those published on the Site at the time of the order; these General Conditions must be printed and/or saved on another durable medium by the Consumer.
• MM Luxury reserves the right to modify these General Conditions without any notice; the changes will be valid from the date of publication on the Site and will apply only to orders sent after the publication of these changes. General conditions of sale updated to 2 September 2015.
• Pre-Registration on the Site and Online Registration
A copy of the General Conditions valid at the time of the order will always be available on the Site in the "Conditions of Sale" section; the General Conditions valid at the time of conclusion of the order are the latest published on the site.
• The language used to conclude the contract between MM Luxury and the Consumer is exclusively Italian, no other language is permitted in the context of the commercial relationship between the Parties (thus identifying MM Luxury and Consumer together below).
• The sale of the products is permitted exclusively in the territory of the Italian State (Campione d'Italia and Livigno excluded – for deliveries to Venice cities and smaller islands, see art. 11).
• To be able to make a purchase you must be of legal age.
Art. 3 - Conclusion of the contract and acceptance of the General Conditions
• The contract stipulated between MM Luxury and the Consumer must be considered concluded with the acceptance of the order by MM Luxury, as provided for in art. 8 of these General Conditions.
• By placing an order, the Consumer declares to have read and accepted these General Conditions.
• No other form of conclusion of the contract other than the one described above is possible.
Art. 4 – Registration, access to the Site and updating of Consumer data
By registering on the Site, the Consumer communicates the following data to MM Luxury:
Site access data:
• e-mail address (which will also be the Consumer's Username for accessing the Site);
• Name and surname;
• For companies: Company name – VAT number
• Residence: Address - Town - Province - Zip Code;
• Telephone or mobile number
• Document number
• Document release date
Delivery data (any data, to be entered only if they differ from the billing data):
• Name and surname;
• Address - Town - Province - ZIP code;
• Telephone or mobile number and e-mail address.
• After registration, the Site will provide the consumer with the form with the information relating to the processing of personal data (privacy) also containing the possibility of consenting to such processing; to consent to the treatment, the Consumer must tick the relevant boxes on the Site.
• The Consumer is responsible for the completeness and accuracy of the data entered during registration; such data must be updated by the same Consumer whenever they undergo changes, in whole or in part, even temporarily.
• MM Luxury identifies the Consumer solely through the data entered by the same during registration, or updating of the data, so that every access to the Site, order or request, communication sent or received and, likewise, every access to previously processed orders , is deemed to have been carried out by the Consumer himself.
• The Consumer is required to keep carefully and not to reveal to anyone, especially third parties, the procedures for authorizing access to the Site through his Username and password, as well as to change, at least every three months, his password to access data relating to purchases made.
• If the Consumer, following loss or theft or for any other reasonable reason, has reason to suppose or fear that any unauthorized person may illegitimately or without authorization use their access credentials to the Site, he is required to immediately notify to MM Luxury, which will block access and generate a new password. In the event of theft, theft, fear of illegitimate use in general and/or loss of a credit card or other form of electronic money permitted by MM Luxury for payments, the Consumer is required to file a complaint with the competent Authority providing a copy of the complaint to MM Luxury, also in order to collaborate in identifying the culprit.
Article 5 - Products
• All the products and prices indicated on the Site constitute a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
• The Consumer can only purchase the products present in the electronic catalog of the Site at the time the order is forwarded.
• Due to the particular nature of the products on the site (bags, shoes, belts and clothing accessories) such, they can be used and/or in conditions of evident wear. In the description of each product shown on the Site, MM Luxury will take care to specify the conservation conditions of the products presented, if they differ from the standards offered on the market. MM Luxury reserves the right to modify the technical information of the products without the need for any notice.
• The image accompanying the description of a product may not be perfectly representative of its characteristics, and may differ in colour, size shown in the figure, also in the light of possible alterations of the images due to different browsers and monitors; all the images supporting the purchase are to be understood as simple generic information material, not referable to the real characteristics of each individual product.
Article 6 - Prices
• All product prices published on the Site are to be understood as prices to the public and, therefore, inclusive of VAT.
• MM Luxury reserves the right to change prices at any time, without notice; the price changes will be valid from the moment of publication on the Site and only for orders sent after the publication of the changes.
• The prices, as indicated next to each product sold on the Site, can be expressed for a single product unit or for a package containing several quantities of product.
• The cost of delivery is not included in the price of the products but is calculated on the basis of the provisions of art. 11 of these General Conditions.
Art. 7 - Sending of orders
• After having registered on the Site and having consented to the processing of his personal data, the Consumer will choose the products he wants to buy; this choice will involve the inclusion of the selected products in a virtual shopping cart. Furthermore, the Consumer will select the method of payment and delivery of the products.
• Once the choice of products has been made, the Consumer will be able to view the products included in his virtual shopping cart and subsequently confirm the order with the contextual and consequent sending of the same to MM Luxury, by clicking on the virtual button called "send order" or "confirm order".
• By placing an order, the Consumer declares to have read and accepted these General Conditions.
Art. 8 - Acceptance of orders
• The order sent by the Consumer will be binding for MM Luxury only if the entire order procedure has been completed regularly and correctly without any indication to the Consumer of error messages from the Site.
• MM Luxury will not add products not expressly ordered by the Consumer to the Consumer's virtual cart.
• Only orders for an amount equal to or greater than € 1.00 will be accepted, net of delivery costs.
• The order will be accepted, with consequent conclusion of the sales contract, only after the agreed price and the delivery costs have been received by MM Luxury. The order will also be accepted, with the consequent conclusion of the sales contract, at the time of choosing payment by cash on delivery or collection of the products from MM Luxury, in the event that these payment and collection methods are active at the time of sending the order.
• MM Luxury will confirm correct receipt and acceptance of the order by sending the Consumer an e-mail message to the address communicated to the Site by the Consumer. MM Luxury will send this message within 3 (three) working days starting from the day after the order was received. The message will contain the following data:
a) date and time of receipt of the order;
b) order number;
c) products ordered;
d) total amount of the order;
e) amount of delivery costs;
• The Consumer undertakes to verify the correctness of the data contained in the e-mail message referred to in the previous paragraph and will promptly notify MM Luxury of any corrections by e-mail to the MM Luxury address which can be found at the bottom of the homepage.
• Acceptance of the order is always subject to the availability of the requested products at MM Luxury. Except where expressly indicated, all the products in the catalog are available at MM Luxury; however MM Luxury cannot guarantee the certainty of assignment of the products ordered, given the possibility of ordering the same product at the same time by several Consumers with a consequent change in the availability of the products.
• MM Luxury reserves the right not to accept the order if the Consumer fails to comply with the express provisions of art. 12 of these Conditions of Sale in relation to the various payment methods.
• In case of non-acceptance of the order due to unavailability of the products, the order will not be processed and MM Luxury will send an e-mail message to the Consumer informing him of the non-acceptance of the order and the consequent cancellation of the charge for the price and delivery costs.
• The Consumer will be able to check the status of his order and previous orders by accessing the area of the Site called "Order Status", after registering on the Site; the orders will remain visible on the Site up to a maximum of 12 (twelve) months following their evasion.
Art. 9 - Method of delivery of the products ordered
• The Consumer will receive the products ordered from MM Luxury at a precise address indicated by the Consumer, based on the specifications set out below.
Any external damage or the mismatch in the number of packages or indications must be immediately reported to the courier who carries out the delivery, adding the wording "withdrawal with reserve" on the appropriate accompanying document and confirmed within 8 (eight) days by means of the sending a registered letter with return receipt to:
MM Luxury by Massimiliano Merici
Via Versa, 2
33100 Udine (UD)
It is advisable to attach some photos of the damaged package.
In the specific case of a damaged package, write "withdrawal with reserve because the package is damaged".
Once the courier's document has been signed, the Consumer will not be able to make any objection regarding the characteristics of the packages delivered, without prejudice to the provisions of art. 14 (Right of Withdrawal). Even in the presence of intact packaging, the Consumer must check the goods within 8 (eight) days from the day following the day of receipt; any damage or anomalies hidden inside the package containing the products ordered. Upon delivery of the goods by the carrier, the Consumer is required to check that: the number of packages delivered corresponds to what is indicated on the carrier's electronic tools, the packaging is intact, not damaged, wet or altered.
Delivery to the address indicated by the Consumer
MM Luxury carries out deliveries, by courier, exclusively on the territory of the Italian State (Campione d'Italia and Livigno excluded - for deliveries to Venice cities and smaller islands, see art. 11).
Art. 10 - Delivery times of the products ordered
Delivery times to the address indicated by the Consumer
The times for delivery of the products ordered to a specific address (see article 8, paragraphs 2 to 6), listed below, are purely indicative; the following timing may vary due to force majeure, due to traffic conditions and road conditions in general or by act of the Authority.
The standard delivery of the products in the territory of the Italian State, unless otherwise agreed in writing between the Parties, will take place on the basis of the following:
• orders received by 6.00 pm on Sunday will be delivered to the carrier by the second working day.
• orders received after 18:00 on Sunday will be delivered to the carrier by the second working day of the following Sunday.
• Indicative delivery times, expressed in number of working days, vary from 2 (two) to 9 (nine) working days, depending on when the order is sent.
• In any case, delivery times cannot exceed 30 (thirty) days from the day after the order is sent.
• The delivery procedure will start only after the conclusion of the contract, as better specified in art. 8.5.
Art. 11 - Delivery costs of the products ordered
• Delivery costs are charged to the Consumer and are highlighted to the Consumer on the Site before requesting to send the order; By sending the order, the Consumer accepts the amount of the delivery costs indicated at the time of placing the order.
• If a product does not include delivery costs, the free delivery is indicated on the product sheet or in the virtual shopping cart at the time of the order.
• For delivery to the city of Venice and the smaller islands, there is a supplement of €16.00.
Art. 12 - Methods of Payment
Payment for the products can be made via:
• Bank transfer
• In case of purchase through the PayPal payment method, at the conclusion of the order, the Consumer is directed to the PayPal login page.
• In the event of non-acceptance of the order, MM Luxury will immediately refund the amount paid by the Consumer to the Consumer's PayPal account.
• Requested the cancellation of the transaction, in no case MM Luxury can be held responsible for any damages, direct or indirect, caused by delay in the failure to release the amount committed by PayPal.
• MM Luxury, at no time during the purchase procedure, is able to know the financial information of the Consumer. Since there is no data transmission, there is no possibility that this data will be intercepted. No MM Luxury computer archive contains or stores such data.
• For each transaction made with the PayPal account, the Consumer will receive a confirmation email from PayPal.
• The email address to send the payment via PayPal is as follows:
Advance Bank Transfer
• In case of payment by bank transfer in advance, what ordered by the consumer will be kept busy on behalf of the consumer for 3 (three) days.
• The bank transfer must be made within 3 (three) days from the date of the order, if 7 (seven) days have elapsed from the date of the order without the bank transfer having been credited to the MM Luxury account, the order will be cancelled.
• The bank details for making the transfer are as follows:
Italian Post Bank
Current account 001021207319
Art. 13 - Right of withdrawal
• The right of withdrawal consists in the Consumer's right to return the purchased products to MM Luxury with consequent reimbursement of the purchase price, ie the amount paid for the goods purchased, excluding delivery costs.
• The Consumer has the right, within 14 (fourteen) calendar days from receipt or collection of the products, to exercise the right of withdrawal, by sending an email to email@example.com.
• Within 48 (forty-eight) hours following the sending of the e-mail message referred to in the previous paragraph, the Consumer must in any case send a Recommended AR to the MM Luxury address indicated at the top of this contract; such registered letter with return receipt is considered sent in good time if delivered to the accepting post office within the term referred to in paragraph 2 (ie fourteen days from receipt of the products).
• In the e-mail message and in the text of the registered letter referred to in the preceding paragraphs, the Consumer must indicate the number and date of the order and his/her personal data (name and surname).
• MM Luxury, within 10 (ten) days at the latest from receipt of the registered letter sent by the Consumer, will inform the Consumer of receipt of the notice of exercise of the right of withdrawal.
• The Consumer will send or deliver the products to MM Luxury within 15 (fifteen) days of receiving the communication referred to in the previous paragraph and not before having received this communication.
• The products will be sent back to the following address:
MM Luxury by Massimiliano Merici
Via Caravggio 2
20054 Segrate (MI)
• The costs relating to the return of the goods to MM Luxury are charged to the Consumer.
• The right of withdrawal is subject to the following mandatory conditions:
o the law applies to the product purchased in its entirety - it is not possible to exercise withdrawal only on part of the product purchased;
o the purchased good must be intact and returned in the original packaging, complete in all its parts - to limit damage to the original packaging, we recommend, when possible, to place it in a second box; the affixing of labels or adhesive tapes directly on the original packaging of the product must be avoided in all cases;
o the return of products that are damaged, deteriorated or lacking original accessories and equipment will not be accepted by MM Luxury and will be returned to the sender upon payment by the sender of the additional shipping costs;
o the property subject to the right of withdrawal must be returned in a normal state of conservation, as it has been kept and exceptionally used with the use of normal diligence;
o MM Luxury will not accept the return of used products that show signs of damage, wear, abrasion, nicks, scratches, deformation, etc.
or in the event of damage to the goods during transport, MM Luxury will notify the Consumer of the incident, at the latest within 5 (five) working days from receipt of the products, to allow him to promptly file a complaint against the courier of his choice and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the Consumer for its return, simultaneously canceling the request for withdrawal;
o the costs and risks of transport for the return are fully borne by the Consumer;
o MM Luxury is not liable in any way for damage, theft or loss of products returned by shipment.
o MM Luxury will refund the Consumer the full amount already paid, in the shortest possible time and in any case within 30 (thirty) days from the date of receipt of the notice of withdrawal, upon receipt of the products subject to the withdrawal, through the cancellation procedure amount charged to the credit card or by bank transfer; in the latter case, it will be MM Luxury's responsibility to ask the Consumer for the bank details on which to obtain the refund.
o In the event of forfeiture of the right of withdrawal, MM Luxury will return the purchased products to the sender upon payment by the sender of the additional shipping costs.
Article 15 - Privacy
• MM Luxury will process the Consumer's personal data in compliance with Legislative Decree 196/2003 (Privacy Code) and with what is specified in the specific Information published on the site and which can be consulted via the link at the bottom of the site (Privacy Information ).
• The Consumer will be able to give his consent to the processing of his personal data, by ticking the appropriate boxes on the Site at the end of the information.
Art. 16 - Disputes, competent court and applicable law
• These General Conditions are governed by Italian law and must be interpreted in accordance with this law.
• Any dispute that may arise in relation to the application, interpretation and execution of these General Conditions will be referred to the Judge of the place of residence or domicile of the Consumer, if located in Italy; the mandatory out-of-court settlement of other disputes between MM Luxury and the Consumer is envisaged by resorting to the bodies set up for this purpose by the Chamber of Commerce, Industry, Crafts and Agriculture where the Consumer resides, as provided for by art. 4 of Law 29 December 1993 n.580.
Art. 17 – Miscellaneous
• Through this negotiating instrument it is not possible to request orders for the supply of products on a continuous or periodic basis; in this case, the Consumer must contact MM Luxury for the conclusion of a specific contract that has the characteristics of the supply of products on a continuous or periodic basis.
• The Consumer may send complaints to MM Luxury by sending an e-mail message to the email address indicated at the top of this contract, or by sending a written communication to the MM Luxury office and then to the address indicated under these conditions of sale.
• MM Luxury does not adhere to any specific "Code of Conduct".
• Although not regulated or not waived by these General Conditions, the provisions of the Consumer Code apply.