Terms and conditions
This document contains the general terms and conditions of use of the website www.mmluxury.it which offers the purchase and sale of second-hand bags provided by the owner of the Application
To enable a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:
- Data Controller: Massimiliano Merici, Via Caravaggio 2, 20054 Segrate, Fiscal Code MRCMSM92S13L483Y, PEC address firstname.lastname@example.org
- Application: the website www.mmluxury.it
- Products: material products, services, sold by the Owner
- User: any person who accesses and uses the Application
- Consumer User: the adult natural person who concludes a contract for purposes unrelated to his business, commercial, craft or professional activity possibly carried out
- Conditions: this contract which governs the relationship between the Owner and the Users and the sale of the Products offered by the Owner through the Application.
- Scope of the Terms
Use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or the related services.
The Conditions can be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User must read the Conditions carefully and save or print them for future consultation.
The Owner reserves the right to vary, at its discretion, at any time, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User , where necessary, the relative instructions.
- Purchase through the Application
All the Products offered through the Application are described in detail in the relative product pages (quality, characteristics, availability, price, delivery times and costs, supply times, ancillary charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the real Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases of one or more Products through the Application are permitted to Consumer Users.
Natural persons can only make purchases on condition that they are of age. For minors, every purchase and/or request for supply of Products through the Application must be examined and authorized by the parents or by those exercising parental responsibility.
The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason and/or reason.
The contract for the sale of the Products is understood to be concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User, which will contain the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the delivery and execution times, the delivery address, the delivery times and any costs, the methods for exercising the right to withdrawal or its eventual exclusion and the guarantee.
The contract for the sale of the Products is not considered effective between the parties in default of what is indicated in the previous point.
In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking if he intends to confirm the order or not. It is understood that the contract will be considered completed in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, the relative confirmation and the Conditions.
- Prices and Payments
For each Product, the price including VAT, if due, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated.
Furthermore, all possible taxes, additional costs and delivery costs will be indicated, which may vary according to the destination, the chosen delivery method and/or the payment method used. If these expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data that may be requested.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, cardholder name, password, etc.).
Should these third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held responsible in any way.
The User who wishes to receive the invoice will be asked for billing data. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be true, will be used as proof, releasing the Owner from any and all indemnity in this regard.
- Methods of delivery of material Products
The tangible Products (including any tangible goods with digital elements) will be delivered to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and indicated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment the courier takes charge.
In the event that it is not possible to supply the Products requested, prompt notice will be given by e-mail to the User, with an indication of when it is expected to be able to deliver them or of the reasons which make the supply impossible.
If the User does not intend to accept the new term or delivery has become impossible, he may request a refund of the amount paid which will be credited promptly in the same payment methods used by the User for the purchase within a maximum of 14 days from the date on which the Owner has become aware of the refund request.
Upon receipt of the Product, the User is required to verify its conformity with the order placed as well as the integrity of the packaging. In the event that there are evident damages to the packaging and/or to the Product, the User may refuse delivery of the Product and may return it at no cost to him. Once the delivery document has been signed, the User will not be able to make any objection regarding the external characteristics of the delivered Products.
The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract due to force majeure.
- Methods of providing services
The Owner will provide the services to the User, in the manner and within the terms indicated on the Application and reported in the order confirmation.
In the event that it is not possible to provide the services requested within this period, prompt notice will be given by e-mail to the User, with an indication of when it is expected to be able to provide them or the reasons that make the provision impossible.
If the User does not intend to accept the new term or the supply has become impossible, he can request a refund of the amount paid which will be credited promptly in the same payment methods used by the User for the purchase within a maximum of 14 days from the date on which the Owner has become aware of the refund request.
- Users' right of withdrawal from the purchase of material Products
The Consumer User has the right to withdraw without any penalty and without specifying the reason within the term of 14 days starting from the date of receipt of the Product, by sending a written communication to the e-mail address email@example.com or by writing to the number +39 3355248487 , using the optional withdrawal form referred to in the following article or any other written declaration.
In the case of separate delivery of several Products, ordered by the Consumer User with a single order, the 14-day term for exercising the right of withdrawal starts from the day on which the last Product was received.
In the event of withdrawal, the User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User will only bear the direct cost of returning the Product, unless the Owner has declared that he will bear it.
Reimbursement of any product will not be accepted if the guarantee seal is missing or tampered with.
In the event of a correctly exercised withdrawal, the Owner will reimburse the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated his wish withdraw from the contract.
The Owner is not required to reimburse delivery costs if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.
Unless the Owner has offered to collect the Product himself, he may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.
The Holder will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, , etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.
- Users' right of withdrawal from the purchase of services
The Consumer User has the right to withdraw without any penalty and without specifying the reason within the term of 14 days starting from the date of conclusion of the contract, by sending a written communication to the e-mail address firstname.lastname@example.org , using the optional withdrawal form referred to in the following article or any other written declaration.
In case of withdrawal exercised correctly, the Owner will reimburse the User for the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User communicated to withdraw from the contract.
The User acknowledges and agrees to lose the right of withdrawal after the complete provision of a service. Where the provision of the service has not been completely performed and the User wishes to withdraw from the contract, he is still obliged to pay the Owner an amount proportional to what has been performed up to the moment in which he exercised the right of withdrawal.
- Cases of exclusion of the User's right of withdrawal
The right of withdrawal from the contract for the sale or supply of the Products by the User is excluded in relation to:
- to the supply of Products whose price is linked to fluctuations in the financial market that the Owner is unable to control and which may occur during the withdrawal period
- to the supply of made-to-measure or clearly personalized Products
- to the supply of Products which are liable to deteriorate or expire rapidly. This category includes all food products (including beverages) whose characteristics are subject to alteration also as a result of inappropriate storage
- to the supply of sealed Products which do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery
- to the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
- to contracts in which the User has specifically requested a visit by the Owner or a professional appointed for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of this visit, the Owner or an appointed professional provides services other than those specifically requested by the User or goods other than the spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such services or additional goods
- to the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery
- to the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
- to contracts concluded at a public auction
- to the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance
For further information, contact the Data Controller at the e-mail address email@example.com or by calling customer service on +393355248487.
- Optional form to exercise the right of withdrawal
- The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address firstname.lastname@example.org before the expiry of the withdrawal period:
I hereby announce the withdrawal from the sales or supply contract relating to the following product __________
Ordered on: _______
Name and surname: _______
Email associated with the account from which the order was placed: ____________________
- Guarantee of conformity of material Products for Consumer Users
Consumer Users are recognized the guarantee of conformity, provided for by articles 129 and following of the Consumer Code, for all material Products sold through the Application, with the exception of the cases of exclusion provided for by article 128 of the Consumer Code.
The Owner is liable to the Consumer User for any lack of conformity that occurs within two years of delivery. During the first year, the Consumer User is not required to demonstrate that the defect existed at the time of delivery as it is assumed that it already existed on that date, unless this hypothesis is incompatible with the nature of the Material Product or with the nature of the lack of conformity.
If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address email@example.com or by calling customer service on +393355248487.
The Owner will promptly reply and indicate to the Consumer User the procedure to follow.
For anything not covered by this clause, articles 128 to 135-septies of the Consumer Code and the articles of the civil code on the formation, validity and effectiveness of contracts are applied, including the consequences of contract termination and the right to compensation for damage.
- Industrial and Intellectual Property Rights
All the contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations are protected by copyright law and trademark protection law. The Application may also contain images, documents, logos and brands of third parties that have expressly authorized the Owner to publish them in the Application. Except for strictly personal uses, it is not permitted to copy, alter, distribute, publish or use the Contents without specific authorization from the Owner.
- Warranty Disclaimer
The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not never interruptions or will be free of errors or it will be free of viruses or bugs.
The Owner will work to ensure that the Application is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons totally unrelated to the Owner's will or due to force majeure events.
- Limitation of Liability
The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs suffered by the User following the non-execution of the contract for reasons not attributable to him, since the User is only entitled to a full refund of the price paid and any ancillary charges supported.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, holder's name, password, etc.)
The Owner will not be responsible for:
- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User which is not a direct consequence of the breach of the contract by the Owner
- incorrect or unsuitable use of the Application by Users or third parties
- the issue of incorrect documents or fiscal data due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion
In no event can the Owner be held responsible for a sum exceeding double the cost paid by the User.
- Major force
The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will .
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.
- Linking to Third Party Sites
The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
- Applicable law and jurisdiction
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the forum of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the User Consumer to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.
Without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for returning the Products, in the event of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.
- Online Dispute Resolution for Consumer Users
The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform which provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or deriving from contracts for the sale of goods and the supply of services entered into on the web. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/