Terms of sale

Object

    1. These general conditions of sale govern the purchase of products (hereinafter, the “Products”) offered on the e-commerce website https://www.massimosantini.com/it (hereinafter, the “Site”). The Site, owned by SANTINI GROUP SRL – based in Via Velluti, 100 a 62100 Macerata – Italy (hereinafter the “Owner”), is managed by the same company SANTINI GROUP SRL followed, the “Seller”).
    2. These general conditions see the Seller as a Party on one side, and, as a buyer, the Site user who purchases one or more Products for purposes not related to his business, commercial, craft or profession (hereafter, the “Consumer”) (Seller and Consumers will be jointly referred to below as the “Parties”).
    3. The Owner is not part of these general sales conditions but is the original owner of the Products, which are then sold by the Seller in its own name and on behalf of the Owner. The Owner is also the holder of the rights on the domain name of the Site of the logos and trademarks relating to the Products as well as of the copyright on the contents of the Site.
    4. Any communication by the Consumer concerning the purchase of the Products – including any reports, complaints, requests concerning the purchase and / or delivery of the Products, etc. – must be sent to the Seller at the addresses and in the manner indicated on the Site.
    5. Each purchase is governed by the general sales conditions in the version that will be published on the Site at the time of the transmission of the order by the Consumer.
    6. The Site is dedicated to retail sales and as such, is intended for the exclusive use of Consumers. Individuals who are not consumers are requested not to execute purchase orders. If one or more purchases are made by a person that cannot be qualified as a Consumer, these general sales conditions will apply, but notwithstanding the provisions of the same:
      • the right of withdrawal referred to in Article 11 will not be recognized to the buyer;
      • the purchaser will not be able to benefit from the guarantee on the Products indicated in article 9;
      • the purchaser will not be recognized any other protections provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
      • the sales contract concluded between the Seller, and the buyer will be governed by Italian law, with the exception of the 1980 Vienna Convention on the international sale of goods.
      1. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and the present general conditions of sale are sent to him by e-mail to the address stated by him during registration on the Site or during the purchasing process.
      2. The purchase of the Products through the Site is allowed only to subjects who have reached the age of majority (18 years) and who have the capacity to act. The Consumer who makes the purchase declares and guarantees under his own responsibility that he is in possession of the aforementioned characteristics.

      Characteristics of the Products and applicable sales conditions

        1. The Products are sold with the features described on the Site and in accordance with the general sales conditions published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term.
        2. The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded as of that date.
        3. Prices, Products for sale on the Site, and / or their characteristics are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the Consumer is asked to check the final sale price.
        4. The Website can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery in one of the States indicated on the Site.

        Conclusion of the Product Purchase Agreement

          1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
          2. The purchase order sent by the Consumer to the Seller through the Website has the value of a contractual proposal and is governed by these general sales conditions, which form an integral part of the order itself and which the Consumer, by sending the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy through the print command and memorize or reproduce a copy for your personal use.
          3. The purchase order of the Consumer is accepted by the Seller by sending to the Consumer, to the e-mail address declared by him to the Seller at the time of registration on the Site, or the transmission of the order if the Consumer is not registered at the Site, of an e-mail confirming the order itself, which will contain the link to the text of these general conditions of sale, the summary of the order placed and the description of the characteristics of the ordered Product. The Consumer order, the order confirmation of the Seller, and the general sales conditions applicable to the relationship between the Parties will be filed electronically by the Seller in its computer systems, and the Consumer may request a copy by sending an e-mail to the Seller at address eshop@massimosantini.com.
          4. Each contract for the purchase of the Products is considered concluded at the moment in which the Consumer receives the order confirmation from the Seller via e-mail.

          Product selection and purchase procedure

            1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and their inclusion in the specific virtual shopping cart. After the selection of the Products, to carry out the purchase of the Products included in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. The Consumer will see a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check-box present on the Website and finally, through the “Insert order” button, the Consumer will be asked to confirm his order, which will be definitively sent to the Seller and will produce the effects described in the previous paragraph. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and payment method, among those available. If the payment is made with an immediate payment method (contextual to the purchase) by credit card or PayPal, the Consumer will be required to communicate the relevant data via a secure connection. For accounting and administrative reasons, the Seller reserves the right to verify the personal details indicated by the Consumer.

            Delivery of goods and acceptance

              1. The Site indicates the availability of the Products and the delivery times of the same. The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to deliver within a maximum time of 30 (thirty) days starting from the day following that on which it was delivered. the Consumer has sent the order.
              2. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any amounts already paid by the Consumer for payment of the Product pursuant to next par. 5.3. If the payment was made by bank transfer, where foreseen on the Website, the delivery term will start from the receipt of the payment by the Seller.
              3. The shipment of the Products ordered by the Consumer will take place with the method selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to promptly check and in the shortest possible time that the delivery includes all and only the products purchased and to promptly inform the Seller of any possible defect of the Products received or of their differences with respect to the order made, according to the procedure of referred to in the following art. 8 of these general sales conditions, in the absence, after 14 days of receipt, the Products will be considered accepted. Should the packaging or wrapping of the products ordered by the Consumer arrive at destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept the delivery “with reserve.”

              Prices and costs

              1. The price of the Products is that indicated on the Site at the time the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs, which are calculated prior to the confirmation of the order sent by the Seller to the Consumer and which The Consumer himself undertakes to pay the Seller in addition to the price indicated on the Site.
              2. The Consumer must pay the total price to the Seller, as indicated in the order.
              3. If the Products are to be delivered to a country outside the European Union, the DDU * (Delivery Duty Unpaid) formula is used, so the courier may present himself with a separate invoice with which he requests the payment of the duties and taxes required. by local authorities. The total price indicated in the order is net of any customs duties and any other sales tax, which the Consumer undertakes as of now to pay, if due, in addition to the price indicated in the order, in accordance with the provisions of the legal provisions of the country where the products will be delivered. The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the products.
              4. Any additional costs, charges, taxes and / or duties that a given country may apply, for any reason whatsoever, to the Products ordered on the basis of these general conditions of sale are the sole responsibility of the Consumer.
              5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and / or taxes referred to in the previous par. 6.3. and 6.4., at the time of sending an order to the Seller, it cannot constitute grounds for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.
                 

                Shipping costs

                1. Shipping to Italy: Free delivery is provided for “in season” products, while for items on sale the shipping cost is € 7.00. Upon exceeding € 150.00 in the cost of the products per single order, delivery is free
                2. Shipping to EU countries: For all products both "in season" and on sale, the shipping cost per order is € 18.00
                3. Shipping to non-EU countries: For all products both "in season" and on sale, the shipping cost per order is € 35.00

                Payments

                    1. The Consumer expressly accepts that the execution of the contract by the Seller will start when the price of the purchased Product (s) is credited to the Seller’s current account.
                    2. Payment can be made by bank transfer or through the payment services PayPal, ShopPay and GooglePay under the conditions described below. The Seller may allow additional payment methods, indicating them in subsequent versions of these general conditions or in the "payments" section of the Site.
                    3. In the case of payment by bank transfer, the Seller will send the information to make it once the order is completed by the Customer. The shipment of the purchased products will take place only after the relative payment transfer has been credited.
                    1. PAYPAL: Paypal is fast, secure, and simple to use the payment system, which allows you to make purchases with maximum protection. With Paypal, your information is protected. Your credit card details are never shared with online stores. For more information about the Paypal payment system, visit the website
                    2. SHOPPAY: Shoppay is another fast payment system that allows you to shop with maximum protection. With ShopPay the information regarding the payment instrument cannot be known by the Seller, visit the website
                    3. GOOGLEPAY: Googlepay is another fast payment system that allows you to make purchases with maximum protection. With GooglePay the information regarding the payment instrument cannot be known by the Seller, visit the website
                    4. The Seller will promptly send the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the sales invoice relating to the purchase made, if the Products purchased are intended to be delivered in the territory Italian, or attached in paper format to the Products purchased, in all other cases.

                    Warranty

                      1. Pursuant to and for the purposes of the European Directive 44/99 / EC and of the Italian Legislative Decree n. 206/2005 (Consumer Code) and within limits set forth therein, the Seller guarantees the Consumer that the Products will be free from design and material defects and compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in case of use or washing of the Product that does not conform to the Product’s own and to the instructions/warnings provided by the Seller and / or by the Owner, or reported in the illustrative reference documentation, in the tags or the labels.
                      2. Under penalty of forfeiture of this warranty, the Consumer has the duty to report any defects and non-conformities no later than 2 (two) months from discovery, by sending an e-mail to eshop@massimosantini.com, indicating the defect and / or non-compliance found, including at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and / or the receipt.
                      3. Following communication by the Consumer, the Seller, also through the Owner, will evaluate the defects and non-conformities reported by the Consumer and, after having carried out the necessary checks, will decide whether to authorize the return of the Products by providing the Consumer with feedback, containing the “Return Code”, by e-mail to the address provided by the latter during the process of registering on the Site or during the order transmission phase. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization communication bearing the “Return Code,” within 30 (thirty) days from the notification of the defect or non-conformity, to the following address: SANTINI GROUP SRL - Via Martiri delle Foibe, 16D - 62012 Civitanova Marche (Mc) - ITALY.
                      4. If the Seller is required to reimburse the Consumer the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, again via e-mail to the address eshop@massimosantini.com, the bank details to make the transfer in his favor and to ensure that the Seller is placed in the condition of being able to return the sum due.

                      Liability for defective products

                        1. Regarding any damage caused by defects in the Products, the Seller, as a mere distributor of the products through the Site, is released from any liability, none excluded and / or excepted, indicating the name of the relevant product manufacturer.

                        Right of Withdrawal

                          1. The Consumer is entitled to withdraw from the contract concluded under the present general conditions of sale, without any penalty, for any reason and without having to justify in any way his decision, within the term of 14 (fourteen) days from the day in which the Consumer or a third party other than the carrier and designated by the Consumer acquires physical possession of the Products.
                          2. For the purposes of exercising the right of withdrawal, the Consumer is required, within the period referred to in the previous paragraph, to inform the Seller of his decision to withdraw from the contract by an explicit declaration (for example letter sent by post, fax or post e). For the same purpose, the Consumer can also fill out and electronically return the return form on the Website to the Seller; if he chooses this option, the Seller will promptly send the Consumer a confirmation of receipt of the withdrawal on a durable medium (for example by e-mail).
                          3. If the Products have not been sent to the Consumer, the withdrawal will be considered exercised with the receipt by the Seller of the aforementioned withdrawal notice.
                          4. If the Products have been sent to the Consumer, following receipt by the Seller of the withdrawal notice, the Seller will send the return code to the Consumer via e-mail. Within the following 14 days, the Consumer must return the Products to the Seller, sending them to or delivering them to SANTINI GROUP SRL - Via Martiri delle Foibe, 16D - 62012 Civitanova Marche (Mc) - ITALY, clearly indicating the relevant return code.
                          5. It is understood that the risks and transport costs relating to the return of the Products to the Seller will be borne by the Consumer.
                          6. In order for the right of withdrawal to be validly exercised, the Products must be delivered or in any case sent to the Seller, intact: they must not have been used, worn, washed or damaged; the identification tag must still be attached to the Products with the disposable seal; the Products must be returned in their original packaging, they must be sent to the Seller in a single shipment. Items ordered with the same order must be returned at the same time and shipped with a single shipment. It is advisable to cover the original packaging of the Products with other protective packaging that preserves their integrity and protects them during transport even from written or labels. The Consumer will be responsible for the decrease in the value of the Products resulting from their manipulation other than those necessary to establish their nature, characteristics and functioning.
                          7. The Seller will take delivery of the returned Products, reserving the right to verify that they have been returned in the conditions described in the previous paragraph. 10.6.
                          8. If the right of withdrawal has been validly exercised by the Consumer within the terms and according to the foreseen procedures, the Seller will reimburse the Consumer for all payments made by the Consumer, including delivery costs (except for the additional costs deriving from the possible choice of the Consumer of a type of delivery other than the least expensive type of standard delivery offered by the Seller). However, the Seller may withhold such reimbursement until he has received the Products (and the verification of the returned Products has been successful) or until the Consumer has demonstrated that he has sent the goods, depending on which situation occurs first. In any case, the cost of returning the Products to the Seller, including shipping, any duties or additional taxes, will remain the responsibility of the Consumer.
                          9. The reimbursement referred to in the preceding paragraph will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer in favor of the Consumer; the burden of the Consumer will be to communicate to the Seller, via e-mail to eshop@massimosantini.com, the bank details to make the transfer in their favor and to ensure that the Seller is placed in the condition of being able to return the sum due. If the payment was made by credit card, the aforementioned reimbursement will be executed in the terms indicated directly by crediting the amount due on the credit card used by the Consumer for payment. If the payment was made via PayPal, the aforementioned refund will be executed within the terms indicated directly by crediting the amount due to the account used by the Consumer for payment.

                          Intellectual property rights

                            1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive signs, names, images, photographs, written text or graphics used on the Website or relating to the Products are and remain the exclusive property of the Owner and / or of the its assignees, without any right to the Consumer deriving from access to the Site and / or the purchase of the Products.
                            2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Owner.

                            Consumer privacy protection

                              1. In order to proceed with the registration, the forwarding of the order, and therefore the conclusion of this contract, certain personal data are requested through the Website from the Consumer. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and the Owner, in compliance with the regulations of EU Reg. 679/2006, to execute each purchase made through the Site and, subject to its consent, for any further activities as indicated in the specific privacy statement provided to the Consumer through the Site at the time of registration.
                              2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are true and correct.
                              3. The Consumer may at any time update and / or modify his personal data provided to the Seller through the specific section of the “My Account” Site accessible after authentication.
                              4. For any further information on the methods of processing personal data of the Consumer, please access the Privacy Policy section and read the Terms of Use carefully.

                              Security

                                1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations related to the protection of electronic communications via Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), are not accessible or viewable by unauthorized third parties.

                                Applicable law and competent court

                                  1. Any sales contract concluded between the Seller and Consumers pursuant to these general sales conditions will be governed and interpreted in accordance with applicable Italian laws.
                                  1. If a dispute occurs between the Seller and the Customer and it is not possible to resolve it in a friendly way, the dispute itself will be devolved exclusively to the Court of Macerata (MC), unless this provision is not applied due to mandatory laws in force in the consumer's country of residence.
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