General Terms of Sale
Theses general terms of sale (hereinafter "General terms") are prepared in accordance with the provisions of the Italian Civil Code, Italian Legislative Decree no. 70 of 08.04.2014 concerning information society services and electronic commerce, and Italian Legislative Decree no. 206 of 06.09.2005 (the so-called Consumer Code) and, in particular, Chapter I of Title III of Part III (Art. 45 to 67), which govern the supply and sale of products through the www.anygivensunday.shop website (hereinafter the Site).
The products offered for sale on the Site (hereinafter the Products, also in the singular) are sold by Mako S.r.l., with its registered office in Via Pienza n. 230, 00139 Rome, Italy, the owner of the Site.
1. SCOPE OF APPLICATION
1.1 The General terms apply to and govern all sale contracts concluded via the Site by Mako S.r.l., as specified above, hereinafter "the Seller".
1.2 The General terms are subject to change at any time; each User, therefore, is advised to consult said terms before continuing with any purchase.
1.3 In all cases, the version of the General terms that is in force on the order confirmation date will apply for each sale.
1.4 The General terms apply regardless of the User's nationality, provided that the delivery of the products takes place in one of the Countries in which the Site offers the online sales service, as specified in point 2, and that said Country corresponds to the User's country of registration.
2. COUNTRIES OF DELIVERY
2.1 The purchasing of Products via the Site is currently possible if the delivery is to take place in the following Countries:
2.2 The Seller reserves the right to expand or restrict the list of Countries referred to in point 2.1.
2.3 Delivery is also available in the areas of the Republic of San Marino and in the Vatican City State.
3. PURCHASING ON THE SITE - RESTRICTIONS
3.1 The purchasing of Products on the Site is reserved exclusively to natural persons acting as consumers and who are older than eighteen years of age.
3.2 A consumer is defined as a natural person acting for purposes unrelated to trade, business, craft and professional activities.
3.3 Purchases made through the Site imply the full awareness and acceptance, without reservations, of the General terms on the part of the User.
4. DIRECT INFORMATION AIMED AT THE CONCLUSION OF A CONTRACT
4.1 In order to purchase online the User must compile the appropriate login form on the Site.
4.2 The User is forbidden from entering data that is not true, in whole or in part; personal data and the email disclosed must, therefore, be personal and real and not belong to third parties and/or be made up.
4.3 The User, upon compiling the login form, attests, under his/her own exclusive responsibility:
i. the accuracy and veracity of the data requested for the activation of the service;
ii. to be eighteen years of age;
iii. to act as a consumer.
4.4 Once the login form has been completed, the User must compile the order form in the electronic format prepared by the Seller and send it via the Internet by following the instructions provided.
4.5 As by law, the Seller will supply the User with all the information before order confirmation in accordance with Art. 49 of the Consumer Code; the information concerning the right to withdraw, in particular, will be supplied through the model withdrawal form set out in Annex 1, Part A provided for by Art. 1, paragraph 1 of Italian Legislative Decree no. 21 of 21.02.2014.
4.6 Pursuant to Art. 51, paragraph 3 of Italian Legislative Decree no. 206/2005, the intended function for placing the order specifies "Order with obligation to pay".
4.7 In order to conclude each order the User must confirm the financial transaction concerning the payment of the price of the Product in the shopping cart; for this purpose, after having chosen the products and confirmed the User data, the Site will redirect the User to the page of the bank that oversees payment transactions.
4.8 Orders that do not have a recorded payment transaction will be automatically deleted.
4.9 Upon receipt of confirmation of the validity of the payment method indicated in the order and confirmation of the same, the Seller will send written confirmation to the User via email to the email address supplied at login, pursuant to Art. 51, paragraph 7 of Italian Legislative Decree no. 206/2005.
4.10 The offering of Products on the Site constitutes an offer to the public pursuant to Art. 1336 of the Italian Civil Code; the compiling and correct placing of an order via the Site entails, therefore, the acceptance of the previously mentioned offer. The contract, therefore, is considered to be concluded when the Seller becomes aware of the User's acceptance, formalised via the above order form.
4.11 The Seller, however, reserves the right to not accept the order in the event of payment authorisation failure with credit card by the market operator.
4.12 The User can, at any time, monitor the status of their order by contacting Customer Services at the following link.
4.13 The User, in any case, must always keep their order number that was sent by the Seller as it must be stated in any correspondence with the Seller.
4.14 The languages available for concluding the sale contract via the Site are Italian, English, French and German.
4.15 The User agrees to ensure the upkeep of the General terms once the online purchase process has been concluded which, however, will have already been seen and accepted, as they are an obligatory step of the purchase process.
4.16 In the event of non-acceptance of the order, the Seller shall give prompt notice to the User, via email.
5. CHOICE AND AVAILABILTY OF PRODUCTS
5.1 The Products catalogue may be periodically updated by the Seller which, therefore, makes no guarantees concerning the permanence of a product included within those available online; at no time does the Seller guarantee the availability of all sizes/versions for each garment/colour in the catalogue.
5.2 In the Products catalogue each product is accompanied by a descriptive sheet that illustrates the main characteristics; the images and colours of the Products in the descriptive sheet could, therefore, not faithfully correspond to the actual colours, due to the effect of the settings of the computer system or the device utilised by the User to view the Site. The published images, therefore, must be understood to be indicative, without prejudice to normal tolerances of use.
5.3 If, although selectable via the order form, the chosen product was not available, the Seller will notify the User promptly via email, proposing the cancellation of the sale contract and the subsequent reimbursement of the price, including any delivery costs, if applicable, if they have already been paid.
6. PRICES, PURCHASE TERMS AND METHODS OF PAYMENT
6.1 The sale prices are those published online at the time of concluding the order and include VAT, if applicable in the country of delivery of the Product; prices are given in euro.
6.2 The prices indicated in the online catalogue may be subject to change without any notice. It is the responsibility of the User, therefore, to be sure of the final price before continuing with the purchase order.
6.3 The Seller also reserves the right to levy different sales prices according to the country of delivery of the Product.
6.4 Payment for the Products may only be made using the following methods:
- Credit card (Visa, MasterCard, American Express);
- Bank transfer.
7. DELIVERY METHODS, COSTS AND OTHER CHARGES
7.1 The Products are delivered via affiliated couriers, directly to the User, at the delivery address specified during the order phase.
7.2 The Site allows the delivery of the Products to be requested at an address that is different to the User's own, providing that it is within the User's Country of residence that was indicated at login; in any case, it is the responsibility of the User to specify all the necessary details for successful delivery (for example, if the address belongs to third parties, the name on the doorbell/intercom of the place where the delivery is to take place must be specified).
7.3 The costs and types of delivery offered may vary according to the Country and the method of delivery chosen by the User, as per the table that can be found on the Site.
7.4 These costs and any additional cost shall be borne by the User. The charges will be clearly and separately indicated on the order summery, before the User continues to the transmission of said order, as well as in the confirmation email, in accordance with point 4.
7.5 When the Products are delivered to the courier the User will receive an email confirmation from the Seller, which will specifically specify the name of the courier used and delivery details.
7.6 Delivery times for the Product vary according to Country of destination and the chosen delivery method.
7.7 In Italy delivery is expected within two working days; in countries other than Italy delivery times vary according to the delivery method chosen from those available and are indicated in the table that can be found on the Site.
7.8 Not all delivery methods offered by the couriers affiliated with the Seller are available in all Countries in which Products can be purchased online.
7.9 Both in Italy and abroad, the delivery process requires that, in the event that the recipient is absent when the courier arrives, said courier leaves a card with contact details to organise a second delivery, in order to successfully complete the delivery.
7.10 The User always has the option of checking the status of his/her order by contacting Customer Services at the following link.
7.11 The delivery of the Products is considered complete when the consumer, or a third party specified by the consumer, and other than the carrier, takes physical possession of the goods; from that moment, as by law, the risk of loss or damage of the Product, for reasons not attributable to the Seller, transfers to the User.
8. USER OBLIGATIONS UPON DELIVERY
8.1 The user acknowledges that the cancellation of the Products represents an obligation under the sale contract concluded with the Seller.
8.2 In the event of non-delivery due to the recipient's absence at the time when the courier attempts to carry out delivery, the package will remain in storage.
8.3 If the package is not collected within the time specified on the card left by the courier, said package will be returned to the Seller.
8.4 In the event referred to in point 8.3, the contract will be considered terminated pursuant to Art. 1456 of the Italian Civil Code, via simple notification from the Seller sent by email to the User, and, therefore, the order will be considered cancelled for all purposes. Within 15 days of the notification referred to above, the Seller will therefore reimburse the entire payment made by the User for the Products, minus the costs of the unsuccessful delivery, the costs of returning the Products to the Seller and any other cost that the Seller incurred due to the non-delivery caused by the absence or passiveness of the User in fulfilling the obligation to take delivery.
8.5 The reimbursement due under point 8.4 will be credited by the same payment method utilised by the User.
8.6 Subsequent to the notification referred to in point 8.4, the User who wishes to request the delivery of the Products again must proceed with a new order.
8.7 The Seller reserves the right to refuse orders coming from Users that have previously invoked the cancellation clause expressed in point 8.4, due to failure to fulfil the obligation to take delivery of the products.
8.8 Upon receipt of the Products, the Customer must check that they conform to the order, paying attention in particular to:
- if the number of packages indicated on the carrier's letter corresponds to the number of packages delivered;
- if the packaging is intact and not damage nor tampered with.
Any faults (such as, for example, tampering, damage to the packaging) must be specifically indicated directly on the courier's transport document, and the User should refuse delivery. At the same time, the User must notify the Seller's Customer Services, via the appropriate section.
8.9 The User is advised, therefore, to only sign the transport document after the checks referred to in point 8.8.
8.10 If the User does not comply with the previous points and, therefore, accepts delivery of the Products even if the packaging is damaged or tampered with, the User shall forfeit the legal guaranty of conformity of the Products.
9. RIGHT OF WITHDRAWAL
9.1 The User, as a consumer, has the right to withdraw from the sale contract of the Products, as established by Art. 52 of Italian Legislative Decree no. 206/2005 (Consumer Code), without having to provide any explanation and without penalty.
9.2 The User can exercise the right to withdraw within 14 days from the moment in which the User, or a third party other than the carrier and specified by the User, takes physical possession of the Products.
9.3 In the event of multiple goods ordered in a single order yet delivered separately, the period, referred to in point 9.2, will start from the day the User, or a third party other than the carrier and specified by the User, takes physical possession of the final good.
9.4 In the event of delivery of goods made up of multiple lots or pieces, the period, referred to in point 9.2, will start from the day the User, or a third party other than the carrier and specified by the User, takes physical possession of the final lot or piece.
9.5 Prior to the expiration of the period referred to in point 9.1, the User must inform the Seller of the decision to exercise the right to withdraw from the contract. To that end, the User may:
i. use the model withdrawal form, prepared in accordance to Annex I, Part B of the Consumer Code, which was made available before the conclusion of the contract, as required by Art. 49, paragraph 1, letter h) of the aforementioned Code, or submit any other type of unequivocal statement to the Seller of the decision to withdraw from the contract, and send the above-mentioned details via registered letter with return receipt, or fax or email, to the addresses already indicated in the right to withdraw instructions that were received before ordering.
ii. compile and send the withdrawal form electronically, or any other type of unequivocal statement, on the Site, by clicking on the following link; in the event that the User chooses said option, the Seller will send a confirmation receipt of the withdrawal on a durable medium without delay (for example, email) in accordance with Art. 54, paragraph 3 of the Consumer Code.
9.6 The withdrawal period shall be deemed to be observed if the withdrawal notification is sent before the expiration of the withdrawal period, as set out above.
9.7 In the withdrawal notification the User must specify the Products for which he/she intends to exercise the right to withdraw.
9.8 Once the withdrawal notification is received, if timely, the Seller will reimburse all received payments to the User without delay and not more than 14 days from being informed of the User's decision to withdraw from the contract. the reimbursement will be carried out using the same payment method utilised by the User for the sale for which the right to withdraw have been exercised.
9.9 The Seller will have the right to withhold reimbursement until the Products are received or until the User provides proof that the goods have been returned, depending on which situation occurs first.
9.10 The User, once the right to withdraw has been exercised, must return the Products, without undue delay and not more than 14 days from the date on which the decision to the withdraw from the contract was notified to the Seller, through the delivery of said goods to the following address, already indicated in the rights of withdrawal instructions set out in Annex I, Part A, in accordance with Art. 1, paragraph 1 of Italian Legislative Decree no. 21 of the 21.02.2014:
c/o Mail Boxes Etc.
Via Leonina, 38/41
00184 Roma (RM)
9.11 The direct costs for returning the Products shall be borne by the User that exercises the right to withdraw.
9.12 For the sole purposes of complying with the return period, the Products are considered to be sent when they are delivered to the accepting post office or courier.
9.13 The Products must be returned in the original packaging that they were received in, including any additional documents, such as price tags, labels, seals, etc..
9.14 To return the Product the User may use a postal service or carrier of his/her choice.
9.15 All risk of loss or damage to the Products during shipment to the Seller is borne by the User.
9.16 As pursuant to Art. 57, paragraph 2 of the Consumer Code, the User will be liable for any diminished value of the Products resulting from the handling other than what is necessary to ascertain the nature, the characteristics and the functioning of the goods.
9.17 In the event that, having received delivery of the returned goods, the Seller should find a reduction in the value of the Products attributable to the User, the Seller shall be entitled to offset the amount corresponding to the aforementioned reduction in value with the amount to be reimbursed to the User as a result of the withdrawal; in such a case, the Seller shall notify the User within 14 days of having received the returned goods.
10. LEGAL GUARANTEE OF CONFORMITY
10.1 All products sold through the site have a legal guarantee of conformity established by Art. 126 et seq. of the Consumer Code, applicable, in any case, to the consumer only.
10.2 Pursuant to the law, the Seller is obligated to deliver goods to the User that comply with the sale contract.
10.3 The Seller shall be liable to the User for any non-conformity of the Products that exists at the time of delivery of the aforementioned goods, or that occurs within two years of delivery.
10.4 To qualify for the above-mentioned guarantee, the User must notify the Seller of the non-conformity within two months of its discovery, or this right will be forfeited, by contacting Customer Services via the following link; this notification must contain an accurate and complete description of the reported defects/faults.
10.5 Customer Services will respond to the User's notification, giving instructions for the delivery of the defective product, which will be at the Seller's expense.
10.6 The Seller will have the right to request that the User attach the purchase invoice to the Product for which he/she intends to enforce the guarantee or another document that proves the date of the sale completion.
10.7 If active, the legal guarantee of sale entitles the User to the complete refund.
10.8 The user shall be entitled to requested, at his/her discretion, an appropriate reduction in price or the cancellation of the sale contract.
10.9 In no event does a minor non-conformity give the right to cancel the contract.
10.10 Any defects or damage caused by accidental means or those attributable to the User or those caused by use of the Products in a way that does not comply with its intended use or normal wear and tear are excluded from the non-conformity and, therefore, from the legal guarantee.
11.1 The data of the User is processed in accordance with Regulation (EU) 2016/679 (GDPR), as specified in the disclaimer on the processing of personal data provided to the User completing the login form.
12. CUSTOMER SERVICES, COMPLAINTS AND COMMUNICATION
12.1 The User can contact the following addresses for any additional information or assistance or to send complaints:
Via Pienza, 230
00139 Roma (Italy)
Tax ID: IT15010601001
Tel: +39 338 9517 465
13. APPLICABLE LAW AND COMPETENT JURISDICTION
13.1 The sale contract concluded in accordance with the General terms is governed by Italian law.
13.2 For any dispute that may arise concerning the interpretation of the General terms and the implementation of the contract concluded in accordance with the aforementioned, the court of the place of residence or domicile of the User will be the competent court, when the consumer is a resident or domiciled in Italian territory. If the User is not a resident or is not domiciled in Italian territory, for any dispute that may arise between the Seller and the User concerning the interpretation of the General terms and the implementation of the contract concluded in accordance with the aforementioned General terms, action taken by the Seller will allow the latter to choose, at its discretion, between the Court of Rome or the Court of the place of residence or domicile of the User; in the case of action taken by the User, it shall be submitted to the exclusive jurisdiction of the Court of Rome.
14. ONLINE DISPUTE RESOLUTION FOR CONSUMERS (ODR)
14.1 Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website https://ec.europa.eu/odr