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terms and conditions

maltempiboutique.com

1. GENERAL NOTES

Maltempi S.r.l., hereinafter also refer to as Maltempi, (P.Iva 01040430199) with registered office in Via Malignani 1/A – 33074 – Fontanafredda, Pordenone (PN), owns the domain https://maltempiboutique.com/ and the related E-commerce that allows Customers to purchase the Products offered therein online.

The sale and purchase of the Products shall be governed entirely by the provisions from these Terms and Conditions of Sale (hereinafter also refer to as “Terms and Conditions”).

This document exclusively governs the purchase of Products accessible through the E-Commerce platform, in accordance with Legislative Decree No. 70/2003.

For all communications with Maltempi, the following email/addresses must be used: info@maltempisrl.com (for general information), shop@maltempiboutique.com (for customer support), maltempi.srl@legalmail.it registered email (pec) or registered mail to Maltempi S.r.l., Via Malignani 1/A – 33074 – Fontanafredda, Pordenone (PN) (for any communication with legal relevance).

Before proceeding with the purchase of the Products, the Customer is required to carefully read this document, which will be considered fully known and accepted by the Customer from the moment they purchase the Products offered on the E-commerce.

Maltempi reserves the right to modify the General Conditions, including through the addition of different and additional terms and conditions.

The Customer’s acceptance of any modifications to the General Conditions will occur at the time of purchase by affixing the Flag.

2. GLOSSARY

The profile created by the Customer within the E-commerce (including email and password entry) to facilitate the purchasing process, the viewing of information related to their own profile, as well as the list of their orders and their status.

Distinctive mark (including but not limited to: trade name, logos, designs, models, and any other identifying element) of the Products marketed by Maltempi within the E-commerce and which may also belong to companies other than Maltempi.

Digital functionality of the E-commerce platform that allows customers to virtually collect one or more Products they intend to purchase before proceeding to Checkout and payment.

Operation performed by the Customer when, after selecting the Products, they intend to proceed with the subsequent purchasing stages.

Individuals, of legal age and with full capacity to act, who agrees to these Terms and Conditions and who purchases even just one of the Products available on the E-commerce for reasons that cannot predominantly be attributed to their commercial occupation or independent professional activity.

These are the terms and conditions of sale, that are the contractual provisions described in this document that establish the legal framework applicable to the use of the E-Commerce and to all purchases made therein.

Summary emails sent by Maltempi to the email address provided by the Customer during the purchase phase.

Products info sheet containing a summary description of each Product.

Maltempi’s online platform, identifiable via the URL https://maltempiboutique.com/, accessible via web or through smartphone and tablet applications, through which the Customer can view and/or purchase one or more Products belonging to various Brands.

Checkmark placed by the Customer in designated prearranged spaces to accept clauses, contractual terms, and/or information.

The formal request to purchase one or more Products sent by the Customer to Maltempi through the E-commerce platform.

Maltempi and the Customer, thus, buying the Products through the E-commerce, accepts this Contract.

European platform for online resolution of consumer disputes.

The goods for sale on the E-commerce belonging to Brands, which may include, by way of example and not exhaustively: clothing, shoes, accessories, bags, and any other item that Maltempi may decide to include in its E-commerce.

The process enabling the creation of an Account within the E-commerce by the Customer, facilitating the purchase of Products.

Code allowing the Customer to track the Order progress, checking its location, delivery status, and arrival date. The code will be sent to the Customer via email following the Order Confirmation.

3. Usage of the E-commerce

Maltempi, through the E-commerce, offers Customers the opportunity to purchase the Products from various specially selected Brands, including clothing, footwear, accessories, bags, and other related consumer goods.

Maltempi reserves the right to implement or reduce the categories and types of Products at its discretion.

All Products available on the E-commerce are described in the Composition, which illustrates their characteristics (including but not limited to: model, variant, color, and material) in order to provide Customers with all the information necessary to make an informed choice.

The Products offered are subject to the availability of the Brands at the time of the Order. Maltempi reserves the right to update the Product offerings on the E-commerce at any time, varying the assortment both in terms of type and quantity available, without the need to notify Customers in advance.

Maltempi ensures the quality of all Products offered on the E-commerce, guaranteeing their authenticity and quality standard.

The sale of all Products on the E-commerce is intended for Customers who are of legal age and who have full capacity to act and who are consumers.

Individuals who have not reached the age of majority may only purchase Products on the E-commerce by involving a parent or legal guardian.

Any activity carried out in violation of these General Conditions authorizes Maltempi to suspend and/or deactivate any Account created within the E-commerce and to prohibit its use by any Customer.

To purchase Products on the E-commerce, it is necessary to enter the required personal data. Registration occurs once only, is free, and can be used for every purchase via E-commerce. Given the above, the Customer is solely responsible for the access credentials to the Account that will be created at the time of Registration by the Customer themselves. The E-commerce platform does not keep any record of the password chosen by the Customer, which can be renewed by the Customer themselves through the appropriate procedure in case of loss. With the Registration, the Customer declares under their own responsibility:

  • to have reached the age of majority and to have the capacity and powers to enter into contracts;
  • that the data provided is correct and truthful;
  • to be a consumer as defined in article 3 of the Italian Consumer Code;
  • to fully accept the provisions of the General Conditions.

4. Distance contract: Subject Matter and Purchase Methods

These General Conditions constitute a distance contract, which shall be deemed concluded through the express acceptance of the Terms and Conditions of Service by means of Flag marked by the Customer both during registration and purchase, equivalent to signing them.

This Terms and Conditions pertains to the Products described and made available by Maltempi on the E-commerce, which can be purchased by the Customer in exchange for the payment of the corresponding price, as indicated at the time of purchase in the Cart, as well as the Registration on the E-commerce.

Browsing within the E-commerce is free, thus no Registration is required. Customers may select Products of interest and add them to the Cart. By accessing the Cart, the Customer can verify the details of the Order, including the selected Products, quantities, and total price. It is possible to modify the Order at any time, provided it is before Checkout. To complete the Order, the Customer must proceed to Checkout by entering the required information or by logging in if they are a registered Customer. The purchase will be concluded with the Customer’s confirmation of the Order and the corresponding payment of the price. Following the purchase, the Customer will receive an Order Confirmation at the email address used for the Registration on the E-commerce. The Customer is committed to verifying the accuracy of the data contained in the order confirmation. In the absence of communication, the communicated data will be considered correct and, therefore, in case of an error, no responsibility can be attributed to Maltempi. The order number, generated by the system, must be used by the Customer in all communications. Maltempi may not process Orders that are incomplete or incorrect or from individuals other than the Customer, or if it do not comply with its commercial policy. In these cases, Maltempi will inform the Customer via email that the Order has not been accepted.

Maltempi may also accept or reject Orders at its sole discretion.

The prices of all Products offered for sale on the E-commerce are specifically indicated. Unless otherwise stated in writing, they are expressed in euros (€) and include VAT. Shipping costs are expressly indicated and quantified before Checkout during the product purchase process. It should be noted that, for shipments outside the European Union, shipping costs do not include customs duties and import taxes, which shall be borne exclusively by and at the expense of the Customer. The applicable prices are those indicated on the E-commerce at the time the Customer confirms the order. Prices may be subject to updates, which will be indicated on the E-commerce. However, such changes will not affect Orders for which a Confirmation of Order email has already been sent by the Company.

Payment can be made in the following ways:

  • Payment via PayPal platform
  • Credit cards

as specified from time to time in the relevant section of the E-commerce.

It should be noted that at no point in the purchasing process will Maltempi be able to know the information transmitted by the Customer via a connection protected by encrypted protocol directly to the site that manages the electronic payment. Maltempi will not store such data and, therefore, in no case can it be held responsible for any fraudulent and improper use of such information. For each Order placed, Maltempi issues an invoice for the purchased Product, addressed using the details provided by the Customer at the time of Registration and sent to the email address of the Account, in accordance with art. 14 of Presidential Decree 445/2000 and Legislative Decree 52/2004.

The Order will not be processed until the payment of the indicated price, along with VAT and shipping costs, has been successfully completed.

5. Shipping and Delivery

Maltempi ships worldwide. Upon dispatch, the Customer will receive an email containing the Tracking Number to track the Order. To be aware of the shipping times and costs, the Customer can view the information by clicking on the button SHIPPING TIMES AND COSTS below. In any case, during Checkout, such information will be present in the summary and in the Order Confirmation email.

Upon receipt of the package from the carrier and before signing for the receipt of the purchased Products, the Customer must inspect it carefully, making sure to check for any alterations to the packaging, breaks, deformations, wetness, etc.

Should the package have been altered due to being opened for customs checks or at the request of the Authorities, it will be resealed with a security or control seal by the inspecting entity.

Therefore, if the package appears, damaged, tampered with or the original adhesive tape is not intact, the Customer may:

  • sign for the package receipt with remarks or
  • refuse the delivery of the package.

Otherwise, if the Customer does not sign with remarks or accepts the package, the delivery will be considered accepted, thus releasing Maltempi from any liability. Any complaints in this regard will be rejected.

6. Right of Withdraw: Return of the Product

The Customer has the right to withdraw from the Order, without stating reasons, within fourteen (14) days from the date of delivery of the Products. After the aforementioned 14-day period, the Customer will no longer be able to exercise the right of withdraw. To exercise the right of withdraw, the Customer must formally notify Maltempi by filling out the template form. In case of exercising the right of withdraw, the Customer will receive a confirmation email containing the Return Authorization Number (RAN) and instructions for returning the goods. Once the item is packed, the Customer must attach the adhesive label received on the outside and, for shipments from outside, the Customer must also attach the commercial invoice received with the delivery of the Product. The pick-up will be automatically scheduled for the first working day following the receipt of the RAN. Once the communication is received, Maltempi will send a confirmation of receipt of the withdraw notice to the email address communicated by the Customer at the time of Registration or to the email entered in the form if the Customer has not created an Account.

In case of withdraw the Customer must return the Products in perfect condition; therefore, they must not have been used or washed, must show no signs of use, and must include all the accessories (such as boxes, cases, hangers, and the original brand tag) kept intact, without damage. The warranty seal must also be present. If the items are returned in conditions different from those stated in these General Conditions, Maltempi will not issue a refund to the Customer, and the Products will be sent back to them. Regarding the return of Products within the Italian national territory, the first return related to each Order will be at Maltempi’s expense. In the other cases a fixed cost will be charged to the Customer for any returns related to the same Order, as a contribution to the shipping costs incurred by Maltempi. The applicable costs to be borne by the Customer can be consulted by clicking on the button RETURN CONTRIBUTIONS below.

Only after receiving the Product and conducting the appropriate checks as described above, Maltempi will refund the Customer the price paid for the purchase of the Product using the same payment method used by the Customer for the purchase. Following the appropriate checks, Maltempi will communicate via email to the Customer whether the refund request is accepted or not, and the refunded amount will be credited to the Customer within 14 days of the Product’s return.

Should the Customer wish to change the size or color of a Product, or return a defective Product, the Customer must make the request to Maltempi according to the methods described in Article 5.1.

Maltempi will provide this service, only if the requested size or color is available or if Maltempi confirms the defect after sending a confirmation email containing all the instructions to proceed with the return.

The new Product will be shipped as soon as the return is received, processed, and verified by Maltempi.

7. Warranties and conformity of Products

Maltempi guarantees the conformity of all the Products available on the E-commerce in accordance with the Italian Consumer Code.

In case of delivery of non-conforming Products, the Customer is entitled, without additional costs, to:

  • the repair or replacement of the Product at the discretion of Maltempi, or
  • a reduction in price, where repair/replacement is excessively burdensome or has not been provided by Maltempi, or
  • termination of the contract, should the above remedies not be fulfilled.

The Customer must report the lack of conformity to Maltempi within 26 months from the delivery of the Products, otherwise, they will forfeit the right to claim, as per article 134 of the Italian Consumer Code. The Customer must provide a detailed description of the alleged defect, and subsequently, Maltempi will conduct the appropriate checks, also providing suitable instructions for the return of the defective Product. Any damages or unsuitability of the Product resulting from improper use exclude the Customer from exercising the relevant warranty.

8. Obligations of Maltempi

Maltempi commits to ensuring the proper functioning of the E-commerce and the availability of the Products listed therein, as described in these General Conditions, committing to demonstrating their availability. Maltempi also commits to ensuring the accuracy of the information and the quality of the Products available on the E-commerce.

9. Limitation of Liability

Maltempi shall not be held liable for any damages suffered by the Customer caused by the Customer themselves, such as errors, inaccuracies of the data provided that may prevent the complete or partial management of the Order in the agreed times and manners. Maltempi assumes no responsibility for any damages resulting from unauthorized access, deletion, modification, or alteration by unauthorized third parties of the information sent by the Customer, who is always responsible for the data provided and the proper management of their account. Should the Customer suffer damages or be subjected to fraud or illegal acts due to improper use and management of their Account and/or credentials, Maltempi shall not be held responsible. Although Maltempi strives to keep the information on the availability of the Products offered on the E-commerce up to date, situations may occur where the Product ordered by the Customer is not actually available due to circumstances such as, merely by way of example and not limited to, the simultaneous purchase of the same unique Product at a physical store by another Customer, malfunction of the E-commerce indicating a Product as available when it is actually sold out, misalignment in updating stock in the warehouse, etc. In such a case, if an Order has been confirmed and the related payment has been made, Maltempi commits to promptly notify the Customer of the unavailability of the Product. The Customer will have the option to choose between replacing the Product with another of equivalent or higher value, paying any additional charges in the latter case, or receiving a full refund of the amount paid, which will be made in accordance with section 6.3. The Customer accepts that such situations may occur and expressly waives any claim for compensation and/or additional indemnification beyond the refund or replacement of the Product.

10. Force majeure

Maltempi shall not be held liable for the failure to perform or the delay in performing any of its obligations under these General Terms and Conditions of Sale if such failure or delay is caused by unforeseen events or circumstances beyond its reasonable control, including, but not limited to, natural disasters, wars, uprisings, terrorist acts, embargoes, riots, strikes, epidemics, pandemics, transportation or communication disruptions or delays, shortages of goods and/or raw materials, power outages, or computer system failures, government orders, or restrictions imposed by public authorities (hereinafter referred to as “Force Majeure Events”). In the event of a Force Majeure, the performance of the Company’s obligations will be suspended for the duration of such event. The Company commits to inform the Customer of the occurrence and the conclusion of a Force Majeure Event as soon as possible and to make efforts to limit the consequences of such event. Should the Force Majeure Event extend beyond 60 days, both parties shall have the right to terminate the contract without this giving rise to any compensation or indemnity from Maltempi. In such case, Maltempi commits to refunding the Customer for any payments already made for Products not yet shipped.

11. Rights to use the content of E-Commerce

The contents present on the E-commerce (including but not limited to texts, graphics, logos, button icons, images, data compilations, and software) are protected by copyright and are exclusively managed by Maltempi. Any use of the contents or trademarks present on the E-commerce is expressly prohibited.

12. Rights of Maltempi

Maltempi reserves the right to refuse Registration and/or Orders from Customers without providing explanations, where the provisions described in these General Conditions are not met. In this case, the data transmitted by the Customer to Maltempi will be immediately deleted.

If the Customer provides false, inaccurate, outdated, or incomplete data, or if Maltempi has reasonable grounds to suspect that such data are false, inaccurate, outdated, or incomplete, it has the right to:

immediately suspend or close the Customer’s Account in question, without notice refuse to process Orders and ship Products, without the registered Customer being entitled to a refund of any amount previously paid. In any case, Maltempi reserves the right to contact the Customer at any time to verify the data and information entered. Maltempi reserves the right to modify options or features on the Site and on any additional supports, without prior consent from Customers. Violation of these General Conditions may lead to the deactivation and deletion of the account and the non-execution of Orders sent by the Customer, without this resulting in any liability for Maltempi.

13. Obligations of the Customer

The Customer is required to protect their Account from unauthorized access and any fraudulent use.

Therefore, the Customer is urged to promptly notify Maltempi at the following email address shop@maltempiboutique.com of any unauthorized or fraudulent use of their Account or if they suspect that their account may be at risk.

In response to such communications, Maltempi has the right to close or delete the Account of any registered Customer in case of unauthorized or fraudulent use of the Account.

The Customer agrees to provide all information and documents that are useful or requested by the E-commerce or by Maltempi necessary for the execution of this contract.

14. Account cancelation by the customer

The Customer has the right to cancel their Account at any time, without needing to provide a reason.

15. Personal data processing

Maltempi manages the Customer’s personal data in accordance with current privacy legislation. The Customer can view the Privacy Policy by clicking on the following link: https://maltempiboutique.com/privacy/.

16. Online dispute resolution

Since the Customer qualifies as a consumer under Article 3, paragraph 1, letter a) of the Italian Consumer Code, in case of disputes, they may consult the list of ADR (Alternative Dispute Resolution) bodies through the ODR platform (https://ec.europa.eu/consumers/odr/), find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved.

17. Applicable Law, language, and exclusive jurisdiction

These General Terms and Conditions and any dispute relating to the interpretation, execution, or resolution of the contract between Maltempi and the Customer shall be governed and interpreted in accordance with the laws of Italy. The language used for the resolution of any dispute, drafting, and interpretation of these General Terms and Conditions of Sale shall be Italian. In case of any discrepancy between the Italian version of these General Terms and versions in other languages, the Italian version shall prevail. For any dispute arising in relation to these General Terms and Conditions of Sale, the sales contract between the Customer and Maltempi, or the use of the E-commerce platform, the Customer agrees to participate in good faith in an attempt to amicably resolve the dispute. If this attempt fails to resolve the dispute, the competent court shall be exclusively the judge of the place of residence or domicile of the Customer, if located in the Italian territory. For Customers residing or domiciled outside Italian territory, the provisions of EU Regulation 1215/2012 and its subsequent amendments shall apply.

18. Severability Clause

If any provision of these General Terms and Conditions is or becomes wholly or partially invalid, this shall not affect the validity of the remaining provisions.

19. Contact

Via Malignani 1/A, Fontanafredda, 33074

Pordenone (PN), Italia.

For information: info@maltempisrl.com

For Customer care: shop@maltempiboutique.com

Pec: maltempi.srl@legalmail.it

Shipping times and costs

ITALY*DHL EXPRESS 2/3 WORKING DAYS8,00€
EU*DHL EXPRESS 2/3 WORKING DAYS20,00€
U.S.A., AUSTRALIA, CHINA, HONG KONG, MACAU, SINGAPORE, SOUTH KOREA, TAIWAN, JAPAN, KUWAIT, SAUDI ARABIA, UNITED ARAB EMIRATES**DHL EXPRESS 2/4 WORKING DAYS30,00€
REST OF THE WORLD**DHL EXPRESS 3/5 WORKING DAYS50,00€

*All the numbers are expressed in euro.

**The shipping’s cost for Extra Ue Countries exludes customs duties and import taxes, which will be charged to the customer.

Return contributions

EU20,00€
U.S.A., AUSTRALIA, CHINA, HONG KONG, MACAU, SINGAPORE, SOUTH KOREA, TAIWAN, JAPAN, KUWAIT, SAUDI ARABIA, UNITED ARAB EMIRATES30,00€ + import changes
REST OF THE WORLD50,00€ + import changes

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