Terms of Service

Terms and Conditions of Sale

These Terms and Conditions of Sale ("Terms") govern the sale of products ("Products") by Màgala di Figueiredo Magalhães Mariana ("Seller") to you ("Buyer") through the Seller's e-commerce website. By placing an order for Products, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not purchase Products from the Seller.

1. Ordering and Payment:

1.1 By placing an order for Products on the Seller's website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a contract.

1.2 The Seller offers for sale the Products available on the Website and carries out its online sales activity exclusively with respect to customers who purchase the Products through the Website, as final "consumers", i.e. any natural person who is acting for personal purposes and which do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity, thus excluding any reseller or any intermediary acting in the name of and on behalf of resellers (hereinafter referred to as the "Customers", and each one of them as a "Customer").

1.3 Prices for Products are as listed on the Seller's website and are subject to change without notice. The total price of an order, including any applicable taxes and shipping fees, will be displayed to the Buyer before the Buyer confirms the order.

1.4 Payment for orders must be made in full at the time of placing the order. The Seller accepts payment via Visa, MasterCard, JCB, AmericanExpress, China Union Pay, Diners, Discover, Paypal, Paypal Express.

1.5 All orders are subject to acceptance by the Seller. With regard to its commercial policy, the Seller reserves the right not to process: (i) any order placed by any person who does not comply with the criteria referred to in paragraphs 1.1 and 1.2 above, (ii) in any event, orders that do not comply with its commercial policy and/or that do not comply with the terms and conditions of these General T&C, and (iii) any abnormal request from a Customer in terms of the quantity of Products ordered that may be considered abnormal or (iv) in the event of activity reported or suspected to be fraudulent, illegal or unauthorized, including in the event of suspicion of purchases made for commercial and non-personal purposes.

1.6 The essential information and features of the Products are available on the Website by consulting the relative "Detail & care". The pictures of the Products on the Website cannot be considered contractual, as they may differ from reality, for example, the colour, fabric, textures may differ from those of the real Products, for reasons not attributable to the Seller, which may be due, among others, to the Internet browser and/or the characteristics of the devices used by the Customer. The Customer must therefore make his choice on the basis of the Product Sheet only and the Seller hereby expressly declines any liability in this respect.

 

2. Shipping and Delivery:

2.1 The Seller will use commercially reasonable efforts to ship orders for Products to the address provided by the Buyer within the estimated delivery time frame specified on the Seller's website.

2.2 The Seller is not responsible for delays in delivery caused by events beyond its reasonable control, including but not limited to natural disasters, labor disputes, strikes or governmental actions. 

2.3 The delivery will be made in accordance with the deadline agreed with the Seller during the Order Confirmation, subject to payment of the price. It is specified that the time indicated is given for information purposes only and that the Seller may refuse delivery to: i) post office boxes; ii) public facilities, airports and/or ports iii) natural and/or legal persons providing shipping services outside the country selected by the Site.

 

3. Returns and Exchanges:

3.1 The Seller's return and exchange policy is as outlined in the Seller's Returns Policy, which is incorporated into these Terms by reference. By placing an order for Products, the Buyer agrees to abide by the Seller's Returns Policy.

3.2 To initiate a return or exchange, the Buyer must contact the Seller within 14 days of receiving the Products and obtain authorization for the return or exchange.

3.3 The Customer must inform the Seller, within the above-mentioned term, of his/her wish to exercise this right of withdrawal, in the manner provided for in this Article. To notify this decision, the Customer may use the standard withdrawal form available on the Website in the “Customer Service” section, under “Return and Exchange” for registered Customers; for guest Customers Customer Service” section, under “Return and Exchange”.

 

4. Warranty Disclaimer:

4.1 The products are provided "as is" and "as available" without any representations or warranties, express or implied. To the fullest extent permitted by applicable law, the seller disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

5. Limitation of Liability:

5.1 To the fullest extent permitted by applicable law, in no event shall the seller be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of or in connection with these terms, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if the seller has been advised of the possibility of such damages.

 

6. Governing Law and Dispute Resolution:

6.1 These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles.

6.2 Any dispute arising out of or in connection with these Terms, including any disputes regarding the existence, validity, or termination thereof, shall be finally settled by arbitration in accordance with the rules of the Camera Arbitrale di Milano in Italy.

 

7. Contact Information:

If you have any questions about these Terms, please contact us at:

Màgala di Figueiredo Magalhães Mariana
Via Bernardino Telesio 23 20145 Milano, MI - Italy