GENERAL TERMS AND CONDITION OF PURCHASE
The sales through the website are exclusively reserved to the customer in compliance with art. 3 of the Consumer Code (Legislative Decree 6 September 2005 no.206): any natural person who is acting for purposes which are outside his trade, business or profession;
1.PURPOSE AND OBJECT
Malì realizes high quality cosmetic products, developed and manufactured in Italy with high quality raw materials. Malì products are unique and aim to involve the user in a sensorial journey which pleases the touch and smell, giving unique feelings through shapes, colors, and exclusive scents. Malì products are aimed at a sensitive, demanding, careful-to-details customer and they are intended for users who love beauty, art and the products made in Italy and which are willing to enrich their internal feelings.
Malì creations are ethical, made of environmental-friendly raw material, cruelty free and nickel tested. These conditions apply to all subscription, orders and purchases made through Malì website and they regulate the relationship between Malì and the user. Malì can always modify these general conditions, but such amendments can only apply to new orders and not to ongoing orders. In the event of new orders, the user is invited to verify, before the purchase, such changes of these conditions, which will always be available on the website.
2.CHARACTERISTICS OF PURCHASABLE PRODUCTS
Malì offers the sale of services and products on its website (for example but not limited to BATH PASTRY products, in its line CLASSIC, SEASON, LIMIRED EDITION, or MALI’ SKINCARE products in its lines BODY BUTTER, SCRUB, BATH SALTS).
Each product can be purchased following the procedure available on the website which can include the subscription to a reserved page where are listed, before the purchase, all details and characteristics of the chosen product. Malì is not responsible of missed purchase for mistakes and / or informatic incompatibilities of the user, which remains responsible of the related software installed for the correct fruition of the website and of its services. If intended, the user can subscribe to a mailing list or a newsletter even without purchasing any product. The adherence to this service will send out e-mails and / or other communication including advertising information or relevant topics to their products; the user can cancel from the mailing list or from the newsletter following the procedures indicated on the website. The user can be given the opportunity to access the Malì Facebook page or other social networks and to contact the owner of the site according to the terms and conditions provided. It is intended that Malì does not create medical products for personal care. The user expressly declares that he is aware that Malì products are intended in any case for healthy people, in good health, 18 years old or older, who do not have any medical preclusion and/or forms of allergy. Any possible risk that may reflect on the user's health is therefore attributed to the exclusive risk of the user, Malì remains free from any alleged legal responsibility that may be charged to it, for any reason or title. It is also sole responsibility of the user to make sure about its physical ability to use the services and products offered by Malì and to use any other content on the website.
3. TERMS OF CONTRACTING, CONCLUSION AND EXECUTION OF THE CONTRACT
The user may purchase services and products exclusively electronically, by accessing Malì’s website and following the procedures provided, including those relating to payment methods. The user accepts that, in order to purchase on the site, he will have to register on it according to the procedures provided and that the email used for registration will subsequently be used for all communications and execution of the contract. The contract for the purchase of the product and/or service is considered concluded when the user, following the procedures indicated, formalizes and forwards, electronically, his own purchase order, thus accepting Malì’s purchase proposal. By submitting the order, the user declares to be also aware of these Terms and Conditions, which he declares to know and accept. The order will be considered processed with the payment of the purchased product. All orders are subject to a subsequent confirmation via email, containing the details of the purchase, as well as the information provided by the legislation and / or the Consumer Code on online sales.
4.LIABILITY AND OBLIGATIONS OF THE USER
The user is obliged to provide the requested data and guarantees that the same are true and correspond to the person purchasing the product, since it is not possible to purchase products on behalf of third parties. Malì will not verify, in any way, the correctness and truthfulness of the data and information required for the execution of the contract, which remain the sole responsibility of the user. The registration to the site and the use of the services offered by Malì requires a minimum age of 18 years and the full capacity to act. The user further understands that the accuracy and completeness of the information on the site does not guarantee any results with respect to your personal expectations. The user accepts to pay the price of the product or service purchased in the time and manner indicated on the site, as well as to provide Malì with any information requested by the latter and, in any case, to cooperate for the regular execution of the contract.
5.PRICES, PAYMENT METHODS AND INVOICING
The prices of the products offered on the site are expressed in Euro, VAT included, and are calculated according to the order placed by the user. Malì keeps the right to change prices at any time, being understood that the price published on the site on the day of the order will be the one applicable to the user at the time of purchase. The user shall make the payment exclusively according to the methods, procedures and payment methods indicated on the site. If, according to the type of service requested, it is necessary to proceed with the invoicing of the amount paid, the user shall provide, under its sole responsibility, the additional data required by Malì to proceed to such fiscal fulfillment.
6. RIGHT OF WITHDRAWAL
The user has a period of fourteen days to withdraw from the contract without giving any reason. The withdrawal period ends after fourteen days from the day on which the user acquires physical possession of the goods or:
- in the case of multiple goods ordered in one order and delivered separately, from the day on which the user acquires physical possession of the last good;
- in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the user acquires physical possession of the last lot or piece.
The user will be informed of the possibility to withdraw from the contract by means of an appropriate notice on the website at the time of ordering the product. To exercise its right, the user must submit a written statement, send it to Malì, containing its express decision to withdraw from the contract. In the event of withdrawal, Malì will refund the payment received from the consumer, possibly including delivery charges within fourteen days from the day it is informed of the user's decision to withdraw from the contract. Malì will make the refund using the same means of payment used for the initial transaction. Malì may withhold the refund until it has received the goods, which must be returned before the expiration of the fourteen-day period. In any case the art. 59 of the Consumer Code is applied, according to which the withdrawal is precluded if the user has opened, pierced, broken the package containing the goods purchased.
7.LIMITATIONS OF LIABILITY
The use and purchase of services and/or products offered on the website are under the exclusive responsibility of the user and, therefore, Malì cannot be held responsible, for any reason and under any title, for any damage and/or inconvenience, direct or indirect caused by the services and/or products offered and purchased by the user, including their use. The user is aware that the services and products offered by Malì are not suitable for certain types of people, especially in case of specific pathologies and/or allergies or intolerances, for which the user is required in any case to consult its doctor and, therefore, if the product and/or service is used not in accordance with what is required, Malì cannot be held responsible for any damage and/or inconvenience, that the user may eventually complain of. Malì is not responsible towards the users for injuries, illnesses, physical or psychological discomforts and, more in general, for any damage that may derive to the latter through the use of the purchased products. Malì is not responsible in case of technical problems of force majeure, which limit the use of its services (accidental damage of hardware, loss of data, network blocking, etc.) and/or for inadequacies attributable to force majeure in case it is not able to execute the order in the expected time and/or in case it is impossible to provide the service for causes deriving from behaviors and/or facts of third parties, not attributable to itself.
8.PROTECTION OF PERSONAL DATA
9.INTEGRITY OF DATA AND INTELLECTUAL PROPERTY
The user guarantees that the data and information provided in the execution of this contract are correct, lawful, truthful, and complete, also in accordance with the privacy law in force and can therefore be legitimately communicated and used by Malì in the execution of this contract, with express indemnity of the latter for any possible recourse, violation or damage however generated or connected to the use of the data provided by the customer. All the contents of the site are property of Malì. Any kind of reproduction, exploitation, diffusion, also of texts, videos, audios, is strictly forbidden. In case of violation, Malì reserves the right to proceed against the offenders before the competent judicial authorities.
10.O.D.R. (Online Dispute Resolution)
In case of disputes or complaints, the user can activate the online resolution of the dispute through the O.D.R. service, managed by the European Union and available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT
The user may in any case send a formal complaint to MALÌ to the following e-mail address: firstname.lastname@example.org
For any other matter not ruled by these general conditions of contract, please refer, if applicable, to the rules of the Consumer Code (legislative decree n. 205/2006) and in any case to Italian law.