The products on sale on the website www.massimoborgia.com (the "Site") are sold and invoiced by Commerciando S.r.l. in the person of the managing director Carlo Stumpo - registered office in Cosenza, CAP: 87100 piazza Europa n. 9 - Reg. Imprese di Cosenza, REA 245558, P.Vat 03589480783, PEC firstname.lastname@example.org (hereinafter "Trading" or seller), in the person of the manager p.t. Eng. Carlo Stumpo, tel and fax 09841758060, PEC email@example.com which holds the license to use the trademark and design MASSIMOBORGIA. These general conditions of sale (hereinafter, "General Conditions") to be understood (see below) also as pre-contractual information govern the purchase of products and services, made remotely via the Internet through the e-commerce platform www.massimoborgia.it/com (hereinafter referred to as "Site") in compliance with the Italian legislation under Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code"). For any information regarding orders, shipments and, more generally, purchases, you can access the personal area of the site "My Account" where more information is available. For further assistance, do not hesitate to contact the Customer Care of Commerciando at the number +390280012388, or by writing an e-mail to firstname.lastname@example.org
GENERAL PURCHASE CONDITIONS
0.1 By transmitting this document, the selling company also offers the consumer the pre-contractual information referred to in Article 1 of Legislative Decree 21/14 and in accordance with Articles 45 et seq. of Legislative Decree 206/05.
0.2 Before, therefore, completing the payment, the consumer agrees to receive, by clicking on the appropriate checkbox required, on a durable medium (email or pdf attached to email) the following document containing all the legal information to identify the seller and inform the buyer of the rights enjoyed in accordance with the provisions of the Consumer Code.
0.3 The information provided will then form an integral part of the distance contract or the contract negotiated away from business premises, in the event of confirmation of the order and can not be changed except with the express agreement of the parties.
Acceptance of the General Conditions of Purchase and conclusion of the contract
1.1 Commerciando offers for sale on the Site, products to final consumers, that is, to adults who purchase for purposes other than the performance of a commercial, business or professional (the "Customer"). Commerciando therefore reserves the right not to process orders from parties other than the Customer.
1.2 The contract stipulated between the Trader (hereinafter also the "Seller") and the Customer shall be considered concluded with the acceptance, even partial, of the order by the Trader. In case of non-acceptance, Commerciando will promptly inform the Customer.
1.3 When the Customer places an order by filling in the order form on the Site (hereinafter, the "Order"), he must read all the information provided to him during the purchase process and fully accept these general conditions (hereinafter, the "Conditions").
1.4 These Conditions may be printed or saved on a durable digital medium, in compliance with the provisions of art. 12 of Legislative Decree 70/2003 and art. 51 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
Mode of purchase
2.1 The products offered for sale by Commerciando are only those present on the Site at the time of placing the Order, as described in the relevant information sheets for each product / article.
2.2 In any case, it is understood that the images accompanying the description of a product are for information purposes only and may not be perfectly representative of its characteristics, but differ - for example - in color and size (also due to the browser and monitor used to access the Site and view images).
2.4 Commerciando will confirm the correct receipt of the Order by replying by e-mail, sent to the e-mail address provided by the Customer. This confirmation message will contain the General Conditions of Purchase and synthetically the information on the Right of Withdrawal and then all the information contained in the commercial, pre-contractual and contractual conditions viewed before placing the Order (the main features of the product, details on the price, payment terms, methods of return and shipping costs) so as to allow the customer to have an overview of the product he intends to buy, the related purchase methods and any revision of such information.
2.5 Traders may not be able to carry out orders that are incomplete or inaccurate or in the event of unavailability of the products. In such cases, Commerciando will inform the Customer of the failure to conclude the contract, specifying the reasons for such failure
2.6 If the products on sale on the Site are no longer available at the time of receipt of the Order by the Seller, the Seller will inform the Customer as soon as possible.
2.7 In the event of an Order concluded and the price already paid for a product no longer available, the Seller will refund the Customer, without undue delay, the amount paid and the contract concluded between the parties will be considered terminated.
Prices and payment methods
3.1 The prices indicated on the Site are to be considered inclusive of taxes and VAT. Any shipping costs or payment costs, if due, will in any case be communicated in advance to the customer through the Site and displayed in the cart before the completion of the order process.
3.2 Purchases may only be made by credit or debit card, PayPal or any other method indicated on the Site, on a case-by-case basis (such as payment on delivery). It should be noted that there are no additional costs in relation to the payment method chosen, but will be borne by the customer any commissions required by the payment intermediaries for having used their services.
3.3 In the event of payment by credit or debit card, financial information (such as, for example, the card number and/or expiration date) will be sent via encrypted protocol to the gateway of Stripe, Inc. which provides the relevant remote electronic payment services, without third parties being able to know them in any way. This information will also be used by the Seller only to follow up the purchase or for any refund procedure in case of return, following the exercise of the right of withdrawal or to inform the police of any commission of fraud.
3.4 Commerciando will confirm the correct receipt of the Order by replying by e-mail, sent to the e-mail address provided by the Customer. This confirmation message will contain the General Conditions of Purchase and synthetically the information on the Right of Withdrawal and then all the information contained in the commercial and contractual conditions viewed before placing the Order (the main features of the product, details on price, payment terms, methods of return and shipping costs) so as to allow the customer to have an account of the product he intends to purchase, the related methods of purchase and possibly review such information.
3.5 The price of the products on sale and the shipping and delivery costs indicated in the Order, will be charged to the Customer only after the shipment of the products. In case of cash payment (if the payment service was active on delivery), the price must be paid at the time of delivery.
Delivery of products and shipping costs
4.1 The products purchased will be delivered to the address indicated by the Customer in the Order, by Commerciando and/or its logistics service providers, at the cost specifically indicated on the Site before placing the Order. For further information on the different shipping methods, please contact the Customer Care service of Commerciando, in the manner indicated above.
4.2 The delivery times of the products may also vary from what is posted on the Site, for reasons not attributable to the Merchant and which the same is not in a position to remedy. At the time of delivery of the products, the Customer is required to sign the delivery note after having duly checked:
- that the number of packages delivered corresponds to that indicated in the transport document.
- that the packaging is intact, not damaged, not wet or otherwise altered, even in the closing materials (adhesive tape or metal straps).
Any damage to the packaging and / or the product or the mismatch in the number of packages or indications, must be immediately detected, by placing a specific indication on the delivery document of the product to be returned to the courier. Any problems concerning the physical integrity, correspondence or completeness of the products received should be reported within 7 (seven) days of delivery to allow Commerciando to proceed with the appropriate checks. The above in any case does not affect in any way the right of return or the legal warranty on the product. If the consignee cannot be traced or is absent, exceeding the period of storage allowed by the carrier, the goods will be returned to the warehouse. The seller is not responsible in case of failure to collect the package in stock, which can not constitute grounds for complaint and / or refund. In the event that the customer wants again the goods not delivered for complete storage and returned to the warehouse of the seller, may request a new delivery (by PEC and / or collection a / r - email@example.com; Commerciando S.r.l. Piazza Europa 9 87100 Cosenza - no later than 30 days after the return of the goods to the seller) upon payment of other shipping costs. 4.3 The purchased products are provided with an identification tag with the disposable seal, both necessary in case of exercise by the customer of the right to return the goods.
Right of withdrawal and return
5.1 The Customer has the right to withdraw from the purchase contract for any reason, without giving reasons and without any penalty, within 14 (fourteen) days from the date of delivery of the products. In the event that the person making purchases on the Site requires the issuance of an invoice and / or otherwise is not a "consumer or user" as defined in art. 3, paragraph 1, letter. a) of the Consumer Code, will not apply the discipline of withdrawal nor, more generally, the provisions that under the same Consumer Code apply only to "consumers".
5.2 To exercise the right of withdrawal referred to in paragraph 5.1 above, the customer must use the form available on the site, or send the form of return on paper, or send any communication that explicitly the right to want to withdraw. The communication must in any case be sent by registered letter with return receipt, addressed to: "Commerciando S.R.L." - Piazza Europa 9, 87100 Cosenza (CS) Italy. The Customer Service of Commerciando S.R.L., once received the communication, will open a file for the management of the return and will communicate to the customer instructions on how to return the Products, which will be done by courier indicated by Commerciando S.R.L. itself.
5.3 In the event of withdrawal, the Customer must return the products to Commerciando within 14 (fourteen) days of withdrawal, in one of the following ways:
- sending the products to be returned to the address indicated in the Return Form by the courier chosen by Commerciando and indicated in the same form. This method of return will be borne by the Seller and will not involve any cost to the customer. Please contact Mail Boxes Etc (or visit the website https://www.mbe.it/it to agree on the collection;
- sending of the product(s) being returned to the address indicated in the Return Form by courier chosen and instructed directly by the Customer (in this case, the Customer will bear all shipping costs);
- delivery of the product(s) being returned to the address indicated in the Return Form (the Customer must deliver the product(s) being returned together with the Return Form, also showing suitable identification documentation);
5.4 The goods must be returned intact, together with the original packaging (including any accessories, labels, tags, tags, seals, etc..) and possibly used for the time strictly necessary to establish and verify the nature, characteristics and size, according to normal diligence, without any signs of wear or dirt, in accordance with the conditions set out in the following paragraphs.
5.5 the right of withdrawal may apply to the product purchased in its entirety, you can not exercise the right of withdrawal only on part of the product purchased (including the accessory equipment: labels, tags, tags, seals, etc..).
5.6 for the cases indicated in art. 5.3, points (ii) and (iii), the shipment of the products, until the certificate of receipt by Commerciando, is under the full responsibility of the customer. Therefore, in case of damage to the products during transport, Commerciando will notify the customer, so as to allow him to file a timely complaint against the courier and obtain a refund, the product will then be made available to the customer, simultaneously canceling the request for withdrawal or indicating to the customer the decrease in value of the property and its refund;
5.7 Commerciando will not be liable in any way for damage, theft, loss occurring during or in any case depending on the shipment for the return where the same was made in the manner referred to in art. 5.3 points (ii) and (iii).
5.8 Commerciando will refund the Customer the full amount paid within 14 (fourteen) days from the date of withdrawal. Commerciando may suspend the refund until receipt of the returned product or until the moment in which the Customer proves to have correctly returned the product, if previous.
5.9 Unless otherwise agreed, Commerciando will refund the Customer the full amount paid, using the same means of payment used by the Customer. In case of cash payment, the amount will be refunded by bank transfer, using the bank details provided by the Customer in the Return Form. In any case, the customer will not be charged any cost for the return.
5.10 After returning the products, Commerciando will make the necessary checks on the compliance of the same with the conditions and terms set out in this document and if the checks are not successful, will notify the customer by e-mail, the existence of a decrease in value of the returned products, resulting from failure to comply with the above conditions. At the same time Commerciando will communicate the amount that will be deducted from the refund, without prejudice to the possibility, as an alternative, for the Customer to regain, at its own expense, the products in the state in which they were returned to Commerciando.
5.11 In the event of forfeiture for any reason of the right of withdrawal, Commerciando will return the product purchased to the sender, charging the same the shipping costs and, where already reimbursed, the price of the product.
5.12 In addition to the cases indicated in the Foreword (customer who is not a consumer and/or who requests the invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
- order of products made to measure or clearly personalized;
- order of products that are likely to deteriorate or expire rapidly;
- order of sealed products that are not suitable for return for reasons of hygiene or related to health protection and / or that have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that "do not lend themselves to being returned for reasons of hygiene or related to health protection" include all textile products that can come into contact with intimate parts, or whose packaging has been opened and in any way dirtied. Therefore, for reasons of hygiene and protection of customers, the right of withdrawal is only applicable to products purchased on the Site that can be returned to Commerciando S.R.L. and put back on the market without endangering the health of consumers. If the customer also intends to return goods subject to exclusion from the right of withdrawal (pursuant to art. 59 letter. b) of Legislative Decree 21/2014), Commerciando S.R.L. will refuse the package and / or will return the Products to the customer, charging him, in this case, the new shipping costs.
For any complaint and / or reporting and / or request for information you can contact the party selling the products and owner of the site www.massimoborgia.it/com, company "Commerciando S.R.L." with headquarters in Piazza Europa, 9 - 87100 (CS) Cosenza - VAT 03589480783 registered with the Chamber of Commerce of Cosenza Rea CS 246980, in the person of the administrator p.t. ing. Carlo Stumpo, tel and fax 09841758060, PEC firstname.lastname@example.org.
5.13 For further information on the return terms (including the methods of reimbursement) and the product exchange service, you can consult the Right of Withdrawal and Legal Warranty.
6.1 All products sold by Commerciando are covered by the legal warranty of 24 (twenty-four) months for defects of conformity, pursuant to Title III of Legislative Decree 206/2005. For further information, please consult the Right of Withdrawal and Legal Warranty.
6.2 The warranty for defects of conformity only applies to products used correctly, in accordance with their purpose and the washing instructions contained in the label or otherwise supplied with the product.
Complaints and requests for information
7.1 Any complaint or request for information may be addressed to Commerciando at the following address: Piazza Europa n. 9, Cap: 87100 Cosenza (CS) - Italy or by contacting Customer Service.
9.1 The contract of sale referred to in these General Conditions of Purchase and its execution is governed by Italian law, with the disapplication of the conflict rules and the United Nations Convention for the International Sale of Goods. For the solution of the relative controversies the Court of the municipality of residence of the Customer will be competent.
9.2 Finally, we inform you that the European Commission provides a platform for the alternative out-of-court resolution of disputes, including cross-border disputes, accessible on the website http://ec.europa.eu/odr ..
Changes and updates
10.1 These General Conditions of Purchase may be amended from time to time, including as a result of any changes in name. The new General Conditions of Purchase will be effective from the date of publication on the Site.
Welcome to the website www.massimoborgia.com (the "Site"), owned by the company Commerciando S.r.l. - registered office in Cosenza, CAP: 87100 piazza Europa n. 9- Reg. Imprese di Cosenza, REA 245558, P. Iva 03589480783, email@example.com ("Commerciando")
Commerciando, for the purposes of protecting the personal data of its customers and users, intends to inform and provide them, with this statement, an adequate awareness of the management of personal information collected through this Site.
(i) Owner of the processing of data collected and processed on the Site and Data Protection Officer
The Site is managed by Internet & Idee S.r.l., with headquarters in Piazza Europa n. 9 - Cosenza, CAP: 87100 ("I&I" or "Holder A"), which acts as an independent holder of personal data for all activities related to the sale, such as the registration of orders and their processing, management of payments, any returns and after-sales customer service.
Commerciando S.r.l., with registered office in Piazza Europa n. 9- Cosenza, CAP: 87100 acts as independent data controller for the purposes of marketing, profiling and sharing of your data, if you give your express consent to such processing. Below is the main information on the processing of your personal data by Commerciando (the "Holder B").
The Data Protection Officer can be contacted at the following e-mail address: firstname.lastname@example.org
The personal data that I&I processes are those that the user provides when concluding an order and purchases goods, and those that are collected while the user browses the Site or uses the services offered on it.
Holder A may then collect data on the user such as personal data such as name and surname, shipping address and billing address, payment data and navigation data.
The holder B treats, with the user's consent, the data that he provides when he wants to receive communications or promotional information from Commerciando or other companies in the group of Commerciando or companies related to it, such as name and surname, e-mail address, date of birth, preferences (eg man or woman, interest in receiving communications about clothing, accessories or beauty, etc.). Holder B also processes data relating to the user's purchases, when they express their express consent to the registration of consumption habits, preferences and lifestyle to use them for the creation of group and individual profiles (so-called profiling) that are used for sending personalized communications and for carrying out market research and statistical research with anonymous data, organized in aggregate form. The user's personal data are processed for the following purposes:
- conclude and execute the contract for the purchase of goods offered on the Site;
- provide the services offered on the Site such as the subscription to the newsletter;
- allow the registration to the Site and the use of the services reserved for registered users;
- Manage user requests submitted to Customer Service.
In the above cases, the processing of personal data is legitimate in so far as it is necessary to execute a contract concluded with the user or to provide the latter with the service specifically requested.
Otherwise, only with the express consent of the user, personal data will be processed to:
- carry out commercial communications activities;
- Analyze user consumption habits for the creation of individual or group profiles;
- share your data with other companies in the Commerciando group or companies connected to it;
- customize the Site according to the interests of the user.
(i) Category of data processed, purposes of processing carried out on the Site
Through the Site, different types of personal data are collected and processed, for different purposes and in different ways. More precisely:
(b) Registration and Services: personal data voluntarily provided by the user (e-mail address, personal data, password and information provided by filling out the registration form for the personal account on the Site), or otherwise lawfully acquired, to verify the requests of the latter and offer the services, assistance and information required about products marked with the brand MassimoBorgia.
(c) Social log-in: Please note that registration and access via social profile involve the communication of certain data (including name, surname, e-mail and any other data relating to the user and present on the same social) by the social chosen and require before log-in a specific authorization to proceed. In some cases, the social networks require some feedback and information about the use of the log-in. For more information please refer to the relevant privacy documentation on the social chosen for registration and/or access.
(d) Marketing: with the express consent of the user, Commerciando may process the latter's personal data for marketing purposes, i. e. to send the user information and updates on products, sales, promotional campaigns, events and other initiatives promoted by Commerciando, also in collaboration with its business partners and/or companies connected to it, as well as to carry out specific market research, also via newsletters, e-mails, sms and mms.
(e) Study of preferences: with the express consent of the user, Commerciando may also process the personal data of the latter for the purpose of studying consumer habits and choices, to make its products and initiatives more responsive to the tastes and needs of its customers.
(f) Communication to third parties: With the express consent of the user, Commerciando may transfer the user's personal data to other companies in its group and/or to companies connected to it, as well as to its business partners operating in the marketing of luxury products, and operating in the tourism sector, so that they can process such data for their own commercial and marketing purposes both through technological tools, such as newsletters, emails, text messages, mms, or through traditional tools such as mail and telephone.
(ii) Source of personal data and legal basis for processing
The personal data collected and processed by Owner A and Owner B are provided directly by the user, except for the navigation data in the "Cookies" section of the previous paragraph, letter a and for the data collected in case of registration and access via social profile in the "Social log-in" section of the previous paragraph letter c.
- for the purposes of Registration and Services (point ii-b), in the legitimate interest of Commerciando to provide information, services of the Site and to respond to user requests (and contractual obligations arising in the event of use of specific services (are there services "sewn on the customer?")
- for the purposes of Social log-in (point ii-c) Marketing (point ii-d), Study of preferences (point ii-e) and for the purpose of Communication to third parties (point ii-f), on the specific consent given by the user.
(iii) Study of consumption habits and choices
As indicated in point ii-d above and with the express consent of the user, Commerciando may process the personal data of the user for the purpose of studying the habits and consumption choices of users to make its products and initiatives more responsive to the tastes and needs of its customers.
The data will be processed with the help of automated tools, through which Commerciando will process data relating to the value and frequency of purchases (even if these were made during the sales period) and the type of products purchased (such as accessories, clothing, etc.) over a specified period of time. The sole objective of this study is to offer customers and users products, services and initiatives more in line with their tastes and needs, and it will be carried out in a non-intrusive manner.
As indicated in point ii-a above, with the express consent of the user, Commerciando may also process the user's personal data, using automated tools to study cookies in order to verify navigation on the Site and offer services in line with the latter.
(iv) Methods of processing personal data and storage period
However, these measures, due to the nature of the means of online transmission, cannot limit or absolutely exclude any risk of unauthorized access or dispersion of data. To this end, we recommend that you periodically check that your computer is equipped with suitable software devices to protect the network transmission of data, both incoming and outgoing (including but not limited to updated anti-virus systems) and that the Internet service provider has taken appropriate measures for the security of network data transmission (such as firewalls and spam filters).
The personal data provided by the user during the navigation and inherent to the navigation itself, will be kept for a limited period of time that depends on the purpose for which they were collected, at the end of which they will be deleted or otherwise rendered anonymous irreversibly.
The storage period varies according to the purpose of the processing: for example, data collected during the purchase of goods on www.massimoborgia.com are processed until the conclusion of all administrative and accounting formalities, then are stored in accordance with local tax legislation (ten years), while those used to send the user
- who has expressly authorized this by Trading
- the newsletters until the user himself does not request to stop sending and in any case for a period not exceeding 24 months.
The personal data processed to provide feedback to the person concerned, or to provide a service, will be kept for the time necessary to provide the user with the feedback or service requested. The data collected for profiling purposes will be kept for a limited period of time, in order to allow Commerciando to assess the user's preferences in the luxury sector, while respecting the privacy and consent given.
For further information, please contact the Data Protection Officer.
(v) Compulsory or optional nature of data provision
(vi) Categories of recipients of personal data
Commerciando communicates the personal data of users of the Site only to the extent permitted by law and in accordance with what is communicated below. In addition to what is indicated in the previous point ii-f. (i. e. the communication of personal data to third parties belonging to the Commerciando group, or to companies connected to it or to business partners with express consent) and to the previous point ii-c (i. e. the use of the Social log-in), personal data will be processed and known by:
- I. employees and consultants of Commerciando, who will operate as authorized subjects to the treatment and in this sense instructed by the Owner;
- II. companies of the same group or companies associated with it, in their capacity as appointed data processors, in order to carry out certain activities and services;
- III. companies that perform specific technical and organizational services for Traders connected to the Site and the management of marketing and communication activities, as data processors.
In addition, the data may be disclosed to police or judicial authorities, in accordance with the law and upon formal request by such persons, or where there are reasonable grounds for believing that disclosure of such data is reasonably necessary to (1) investigate, prevent or take action relating to suspected illegal activities or assist state supervisory and control authorities; (2) defend themselves against any claims or accusations by third parties, or protect the security of their website and company; or (3) exercise or protect the rights, property or safety of Commerciando, its group companies, its affiliates, customers, employees or any other person.
Personal data will not be disseminated, but may be transferred abroad, even to countries outside the EU, only ensuring adequate levels of protection and safeguarding in accordance with the rules of law, such as the Standard Contract Clauses approved by the European Commission. For further information about the location of the data, please contact the Data Protection Officer.
(vii) Which are the rights of the user interested in the treatment
At any time, depending on the specific processing, the user may: revoke consent to processing; know which are his personal data held by Commerciando, their origin and how they are used, request their updating, rectification or integration and, in the cases provided for by law, request cancellation, transformation into anonymous form of the same, the limitation of treatment; may object to the processing. The User may request certification that the above operations have been brought to the attention, also as regards their content, of those to whom the data were communicated, unless this requirement proves impossible or involves a manifestly disproportionate to the protected right. The user also has the right to data portability, to be forgotten, to lodge a complaint with the supervisory authority and to revoke the consent previously given. If the user so wishes, he or she may request to receive the personal data held by the Data Controller concerning him or her in a format that can be read by electronic devices and, where technically possible, the Data Controller may transfer the user's data directly to a third party specifically indicated by the user.
The user has, however, the right to oppose in whole or in part, for legitimate reasons, the processing of personal data concerning him, even if pertinent to the purpose of collection, the processing of personal data concerning him for the purpose of sending advertising materials or direct marketing or for carrying out market research or commercial communication. The right to object may also be exercised specifically with regard to one or more methods of sending marketing communications.
If the user considers that the processing of his or her personal data has been carried out unlawfully, he or she may lodge a complaint with one of the supervisory authorities responsible for ensuring compliance with the rules on the protection of personal data. In Italy, the complaint can be submitted to the Guarantor for the Protection of Personal Data (http://www.garanteprivacy.it/).
This information may be subject to changes and additions over time, we invite the user, therefore, to periodically check the contents. Where possible, we will endeavour to keep users informed of any changes at all times.
The rights listed above may be exercised by contacting Commerciando, to the attention of the Data Protection Officer, by writing to the following e-mail address: email@example.com