General conditions for online sales
These conditions were published on the website and came into force on 19/01/2016
1.1. These general conditions of sale (hereinafter referred to as “General Conditions”) govern online purchases of “Manas” brand products (hereinafter referred to as “Products”) on the www.manas.com e-commerce website (hereinafter referred to as “Website”) by users who fit the definition of “Consumers” in Point 1.2. below (hereinafter “Consumers”).
The Website is the property of Alma S.p.A., with head offices in Montecosaro (MC), at 14/16, Via Tangenziale, tax code, VAT and Macerata Trade Register number 0186891043, REA (Index of Economic and Administrative Information) number MC188527 (hereinafter referred to as “Manas”).
The products on sale on the Website are sold to the Consumer (as defined in Point 1.2 below) by Websolute spa with registered offices at 15, Strada Campanara, 61122 Pesaro (PU), Italy, tax code, VAT and Pesaro Trade Register number 02063520411, REA number 151254 (hereinafter referred to as “WEBSOLUTE” or the “Seller”), also responsible for management and maintenance of the Website.
For any requests for information or other enquiries, or any communication linked to and/or connected with purchase of the Products, including therefore any comments, complaints, requests about purchase and/or delivery of Products, returns and refunds, etc., – please contact the Seller, following the instructions on the Website or using the contact details below:
* Customer Service will be available on weekdays, unless otherwise communicated by the Seller, from Monday to Friday, 9.00 am to 1.00 pm and 2.00 pm to 5.30 pm (Central European Time).
1.2. Products sold on the Website are available for purchase from the Seller only by those aged 18 and over, who fit the legal definition of "Consumers".
For the purposes of these General Conditions, “Consumer” (hereafter “Consumer” and, together with the Seller, the “Parties”) means any natural person purchasing the Products on sale on the Website for purposes other than business, sales, artisan or professional activities he or she may carry out, in compliance with Article 3.1.a) of Italian Legislative Decree no. 206 of 6 September 2005, as amended, most recently by Italian Legislative Decree no. 21 of 21 February 2014 (hereinafter referred to as “Consumer Code”).
Customers younger than 18 and those who, for any reason, do not qualify as Consumers are therefore asked to abstain from placing orders for Products and/or entering into sale transactions via the Website, without prejudice to the Seller’s right to not fulfil orders from underage persons or those who do not qualify as Consumers.
1.3. Should one or more sales of Products be made to individuals who do not qualify as Consumers, these General Conditions of sale shall still apply but, notwithstanding their content:
a) the purchaser shall have no right to returns or refunds as detailed in Point 10;
b) the Product warranty as indicated in Point 8 and any other legal guarantee shall not apply (unless otherwise enforced by the law itself);
c) none of the Consumer protection rights shall apply to the purchaser, reflecting or in compliance with binding legislation;
d) the sales contract between the Seller and the purchaser shall be governed by Italian Law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, Vienna, 1980;
e) The outcome of any controversy between the Seller and the purchaser shall be decided in the Vicenza law courts.
1.4. The Owner plays no part in these General Conditions of sale, or in sales contracts between the Seller and the Consumer for the Products governed by these Conditions.
The Owner is, however, the exclusive owner of all the rights to the Website’s name and domain, logos and brands relative to the Products on the Website and also to any other right regarding Website content.
1.5. All purchases of Products by the Consumer on the Website are governed by these General Conditions of sale, in the version published on the Website as and when the Consumer transmits the order to the Seller.
The Seller may modify these General Conditions of sale without notice. Any modifications will come into effect on the date they are published on the Website.
1.6. By transmitting a purchase order for Products via the Website, the Consumer accepts that confirmation of information relative to the order placed and these General Conditions of sale will be sent by email to the same address provided during registration on the Website or during the purchase procedure.
1.7. Any costs incurred for internet connection to the Website shall be borne solely by the Consumer, as shall any telephone charges, according to the Consumer’s standard rates.
2. Product characteristics and their availability in different geographic areas
2.1. The Products are sold with the characteristics described on the Website and according to the General Conditions of sale published on the Website as and when the Consumer transmits the order, excluding any other condition or term.
2.2. The Seller reserves the right to modify these General Conditions of sale at any time, at its own discretion, without any obligation to notify Website users. Any modifications applied will be effective from the date of their publication on the Website and will apply solely to sales effected from that date.
2.3. Prices, Products on sale on the Website and/or their characteristics may be subject to changes without notice. Before transmitting a purchase order as defined in Point 3 below, the Consumer is asked to check the final sale price.
2.4. The Website can be accessed from anywhere in the world. However, the Products available on the Website can only be purchased by users requesting delivery to one of the countries indicated on the Website.
3. Product purchase methods – Fulfilment of each purchase contract
3.1. Presentation of the Products on the Website is not binding for the Seller and is merely an invitation to the Consumer to enter into a purchase contract with the Seller and not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller via the Website has the same value as a contract proposal and is governed by these General Conditions of sale, which constitute an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is obliged to accept fully and unconditionally. Before purchasing Products, by transmitting the purchase order, the Consumer will be asked to carefully read these General Conditions of sale and the information regarding returns and refunds, to print a copy using the print button and to memorise or make a copy for personal use. The Consumer will also be asked to check and correct any errors in the personal details entered.
3.3. The Consumer’s purchase order is accepted by the Seller when the latter sends, to the email address provided by the Consumer when registering on the Website or when transmitting the order if the Consumer has not registered on the Website, an email confirming the order itself, containing a link to these General Conditions of sale, a summary of the order placed and a description of the characteristics of the Product ordered. The Consumer’s order, Seller’s order confirmation and General Conditions of sale applicable to the relationship between the Parties will be electronically stored by the Seller in its computer systems and the Consumer may request a copy by sending an email to the Seller at firstname.lastname@example.org
3.4. Any purchase contract for Products is deemed to be concluded on receipt by the Consumer of the Seller’s order confirmation via email.
4. Product selection and purchase procedure
4.1. The Consumer can purchase the Products presented on the Website by selecting Products of interest and placing them in the virtual shopping cart. Once all the Products have been selected, the Consumer will be invited to (i) sign up with the Website, providing the details requested, or (ii) log in, if they are already registered, or (iii) provide their data in order to complete the order and consent fulfilment of the contract. Should the details on the order be different from those given during registration on the Website, the Consumer will be asked to confirm the data given (merely by way of an example, but not limited to: name, surname, etc.), and the delivery address for the selected Products, the invoice address and a non-mandatory phone number for any notifications regarding the purchases made. The Consumer will be shown a summary of the order, and can edit the content. After reading them carefully, the Consumer must expressly approve these General Conditions of sale, ticking the boxes on the Website and finally, on clicking the “Purchase” button, the Consumer will be asked to confirm the order, which will then be sent to the Seller with the consequent effects described in Point 3.2 above. The Consumer will also be asked to choose a delivery method and payment method from those available. Should the Consumer choose immediate payment (at the same time as the purchase) using a credit card, PayPal or immediate bank transfer, relative details will be requested via a protected connection. Due to accounting and administrative requirements, the Seller reserves the right to check the information provided by the Consumer. When payment is made by credit card, the amount will be debited from the card only on transmission of the order confirmation by the Seller to the Consumer.
5. Delivery of the goods and acceptance
5.1. The Website shows the availability of the Products and relative delivery times. This information must however be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything within its power to respect the delivery times indicated on the Website and, in any case, to deliver the goods within a maximum of 30 (thirty) days from the day after the day when the Consumer transmitted the order. Should the Seller not be able to deliver the order, due to even temporary unavailability of the Product, the Seller will provide the Consumer with written notification and refund any amount already paid by the Consumer for the Product, in compliance with Point 5.3 below 5.3. When the Consumer has chosen to pay by bank transfer, the delivery time will start from receipt of the sum by the Seller.
5.3 The Consumer shall decide the delivery method for the Products ordered, choosing from those available and indicated on the Website when placing the order. The Consumer undertakes to promptly check, as quickly as possible, that the delivery includes all, and only, the products purchased and to notify the Seller of any fault with any product received or non-compliance with the order placed, using the procedure described in Point 8 of these General Conditions of sale, without which the products are considered accepted. Should the packaging or wrapping of the products ordered by the Consumer reach the destination in an evident state of damage, the Consumer is invited to refuse delivery from the courier/deliveryman or to accept delivery "with reserve”.
6. Prices, delivery costs, duty and taxes
6.1. The price of the Product is that indicated on the Website as and when the Consumer transmits the order. Prices include standard packaging costs, VAT (when applicable) and any indirect taxes (when applicable) but do not include delivery charges, which are calculated before confirmation of the order sent by the Seller to the Consumer and which the Consumer undertakes to pay the Seller in addition to the price indicated on the Website.
6.2. The Consumer shall pay the Seller the total price as shown on the order and order confirmation email sent by the Seller to the Consumer.
6.3. If the Products are for delivery to a country outside the European Union, the total price given in the order and repeated in the order confirmation, including indirect taxes (where applicable) does not include customs duties or any other sales tax, which the Consumer undertakes as of now to pay, if due, in addition to the price given in the order and confirmed in the order confirmation, in compliance with legislation in the country of destination. The Consumer is invited to contact the competent authorities in his or her country of residence or of destination of the products for information about any applicable customs duties or taxes in that particular country.
6.4. The Consumer shall pay all and any further costs, charges, taxes and/or duties applied by the destination country for whatever reason to any Products ordered on the basis of these General Conditions of sale.
6.5. The Consumer agrees that lack of knowledge of costs, charges, customs duties, taxes and/or other duties as described in Points 6.3. and 6.4. above as and when the order is transmitted to the Seller may not represent cause for termination of this contract and that none of the above costs may be charged to the Seller.
7.1. Payment for the Products purchased on the Website shall be made within 10 (ten) days from transmission of the order confirmation by the Seller to the Consumer. The Consumer expressly accepts that fulfilment of the contract by the Seller starts when the price of the Product/s purchased is credited to the Seller’s account.
7.2. Payment can be made by credit card or PayPal, at the conditions described below. The Seller may allow further payment methods, indicating these in the payment section on the Website.
7.3. Should the payment be made using a credit card, the Consumer will be redirected to a protected website and the credit card data will be communicated directly to the bank gateway administrator, the operator dealing with payments on behalf of the Seller. The data will be transmitted in protected mode, using the cryptographic SSL (Secure Sockets Layer) system. These data are not accessible even to the Seller.
7.4. Should the payment be made via bank transfer to the Seller, the Consumer must use the Swift and IBAN codes given in the order confirmation, together with the order number.
7.5. If required to do so by law, the Seller shall promptly send the Consumer an email to the address given by the latter with an electronic copy of the receipt for the purchase made if the Products are for delivery within Italy, or a hard copy of the same attached to the Products purchased in all other cases.
8. Legal guarantee of conformity, reporting non-compliance faults and intervention under warranty
8.1. Pursuant to and in accordance with European Directive 44/99/CE and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products are without design or material defects and that the same comply with the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Consumer. No guarantees apply in the case of Products used or cleaned in a manner non-compliant with the Product or instructions/warnings provided by the Seller and/or Owner, given in the relative information, on tags, labels or in booklets with instructions, fitting and/or maintenance directions attached to the Product.
8.2. The Consumer is obliged to report any defects and non-compliances no later than 2 (two) months from their discovery and failure to do so shall render this guarantee null and void. Any anomalies must be notified using the online request form in the reserved access area, giving details of the defect and/or non-compliance, together with relative proof (at least a photo of the Product), the order confirmation sent by the Seller and/or the receipt or, after 14 days from receipt of the goods, on the relative form, correctly filled out and transmitted to the Seller’s Client Service via email to email@example.com
8.3. Following receipt of this request and relative proof, the Seller shall evaluate the defects and non-compliances notified by the Consumer via the Owner’s assistance service. After quality checks to ascertain the effective non-compliance of the Product, the Seller shall decide whether to authorise return of the Product/s, sending the Consumer a form with a “Returns code” to the email address provided by the latter during registration on the Website or during the purchase procedure. Authorisation to return the Product/s in no way represents recognition of defects or non-compliances, whose existence shall be ascertained after receipt of the goods by the Seller. The Product/s authorised for return by the Seller must be returned by the Consumer, together with a copy of the relative authorisation bearing the “Returns code” within 30 (thirty) days from notification of the defect or non-compliance, to the following address: Websolute S.p.A., c/o AlmaOutlet, Via Ascoli P. 2/4, c.a.p. 62010, Montecosaro Scalo (MC) - Italia.
8.4. Should the Seller have to refund the amount paid to the Consumer, this refund shall, when possible, be made using the same payment method used by the Consumer for purchase of the Product or by bank transfer. The Consumer must notify the Seller, when requesting to return the goods or via email to firstname.lastname@example.org, of the bank details necessary for the transfer in order for the Seller to refund the amount due.
9. Liability for damage caused by faulty product/s
9.1. For any damage caused by defectiveness of the Products, the provisions referred to in European Directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer Code) shall apply. The Seller, as distributor of the products via the Website, accepts no liability, with no exclusions and/or exceptions, by giving the name of the relative Product manufacturer.
10. Right to cancellation - Information
10.1. The Consumer has the right to cancel any contract agreed on in compliance with these General Conditions of sale, without incurring any penalty, within 14 (fourteen) days from (i) delivery of the Product or (ii) in the case of several Products delivered separately in a single order, from delivery of the last Product.
10.2. To exercise this right to cancellation, the Consumer must notify this decision to Websolute, before the deadline referred to in Point 10.1 above, by sending an email to this effect to email@example.com, using the facsimile order cancellation form attached.
10.3. Following the action described in Point 10.2 above, the Consumer shall receive email confirmation of this right to cancellation, with a Returns code. The Consumer has 14 (fourteen) days to transfer the Returns code to the form mentioned in Point 10.2 above and return the Products to Websolute, together with the form mentioned in Point 10.2 above, filled out and complete with the Returns code, at the following address: Websolute S.p.A., c/o AlmaOutlet, Via Ascoli P. 2/4, c.a.p. 62010, Montecosaro Scalo (MC) - Italia.
10.4. If the Consumer has already received the Product, this must be returned to Websolute as soon as possible and, in any case, within 14 (fourteen) days from the cancellation date. The term is respected when the goods are sent back before the 14 (fourteen) day deadline. Risks and direct costs for returning the goods shall be borne by the Consumer.
10.5. In the event of cancellation by the Consumer, he or she will be refunded the payments made, including delivery charges (with the exception of any additional costs due to selection of a different kind of delivery from the least expensive standard delivery available), without undue delay and, in any case, no later than 14 (fourteen) days from cancellation of the order. These refunds shall be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund using a different means, in which case any additional costs deriving from this different payment method chosen shall be borne by the Consumer. The refund may be suspended until the goods are received or until proof is provided by the Consumer of despatch of the goods, should this occur first.
10.6. The Consumer is responsible for the decreased value of the goods resulting from any handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, should the returned goods prove to be damaged (e.g. with signs of use, abrasion, scratches, chips, deformation, etc.), with parts or accessories missing (this also refers to labels and tags, which must be unaltered and attached to the Product), without relative instructions/notes/manuals, original packaging and wrapping or warranty certificate where applicable, the Consumer shall be responsible for the decreased value of the goods and shall be entitled to a refund of the residual value of the Product. To this end, therefore, the Consumer is invited to not handle the goods more than is strictly necessary for establishing the nature, the characteristics and the functioning of the same and to cover the original wrapping of the Products with further protective packaging to preserve and protect during transport, also from writing or labels.
11. Intellectual property rights
11.1. The Consumer declares that he or she is informed that all the brands, names and any other distinctive mark, denomination, image, photo, writing or graphics used on the Website or relative to the Products are and remain the exclusive property of the Owner, without access to the Website and/or purchase of the Products entitling the Consumer to any right to the same.
11.2. The content of this Website may not be reproduced, wholly or in part, transferred either electronically or conventionally, modified or used for any purpose without prior written consent from the Owner.
12. Consumer data and privacy
12.1. For registration, despatch of the order and therefore fulfilment of this contract, the Website asks the Consumer to provide various personal data. The Consumer is aware that the personal data provided will be registered and used by the Seller and the Owner, in compliance with Italian Legislative Decree no. 196/2003 Privacy Code, as amended, for fulfilling each order placed via the Website and, subject to the Consumer’s consent, for any other activity as detailed in the relative privacy notes provided for the Consumer on the Website on registration.
12.2. The Consumer declares and guarantees that all data provided to the Seller during registration and purchase are correct and truthful.
12.3. The Consumer may at any moment update and/or modify personal details provided to the Seller in the specific “My Account” section of the Website, accessible after log in.
13.1. The Seller adopts measures to protect personal data from loss, falsification, manipulation and improper use by third parties. Nevertheless, due to the technical characteristics and limitations regarding protection of electronic communications via internet, the Seller cannot guarantee that the information or the data viewed by the Consumer on the Website, even after the Consumer has logged in are not accessible or cannot be viewed by unauthorised third parties.
13.2. With regard to data concerning credit card payments, the Seller, avails of services provided by banks, which adopt technological systems to guarantee maximum levels of reliability, security, protection and privacy in the transmission of information on line.
14. Applicable law, attempt at mediation and place of jurisdiction
14.1. These General Conditions of sale and any sales contract agreed between the Seller and Consumers in compliance with these General Conditions of sale shall be governed by and construed in accordance with Italian laws and, in particular, by Italian Legislative Decree no. 206 of 6 September 2005 on the Consumer Code, with specific reference to the regulations concerning distance selling and by Italian Legislative Decree no. 70 of 9 April 2003 on some aspects concerning ecommerce. In any case, this will not prejudice any rights attributed to Consumers by binding legislative provisions in force in the country of the latter.
14.2. In the event of controversy between the Seller and a Consumer, we guarantee as of now our willingness to attempt friendly mediation that any Consumer may propose before RisolviOnline, an independent institutional service provided by the Chamber of Arbitration of Milan Chamber of Commerce, which allows a satisfactory agreement to be met, with the help of a neutral, competent arbitrator, in a friendly and safe way on line. For more information about the RisolviOnline regulations or to send a request for mediation, visit www.risolvionline.com. Please note that the European Commission makes available to consumers and traders an online platform dedicated to helping resolve commercial disputes out-of-court: http://ec.europa.eu/odr” .
14.3 Should no attempt be made at mediation as referred to in Point 14.2 above or should this attempt not lead to resolution of the controversy, the latter shall be heard exclusively in the Pesaro Law Courts, unless it is governed by a binding law in force in the Consumer’s country of residence.