General conditions of sale 2018-07-19T14:57:27+00:00

 GENERAL CONDITION OF SALE

General conditions of sale for on-line purchases within the virtual shop published on the site www.macchinesoffici.com

Manifattura Macchine Soffici Srl is the owner of the www.macchinesoffici.com (hereinafter the “Site”)

Manifattura Macchine Soffici Srl via Franco Russoli, 1 – CAP 20143 Milano (MI) – Italia, Fiscal Code and VAT number n° 02737010427 (hereinafter “Company”), makes available to all users the opportunity to purchase their items via internet (hereinafter “Products”) of which the site has a sales concession, within the online shop (hereinafter “E-Shop”) published on the website www .macchinesoffici.com (hereinafter “Site”), of which the Company is an exclusive user.

1) Premises

These general conditions of sale (hereinafter “General Conditions”) are valid exclusively between the Company and any natural person who performs exclusively as a consumer, as defined in Article 3 of the Consumer Code (hereinafter the “Customer”), purchase online on the Site within the E-Shop, following the procedures indicated therein. In the event that the customer is a company, please refer to the section “Agreement for the use of the VAT number”.

These General Conditions exclusively regulate the offer, transmission, purchase methods, acceptance, delivery of the Products purchased and the right of withdrawal of the Customer from the purchase of the Products, between users of the Site and the Company. They do not regulate the supply of services or the sale of products by different subjects that are present on the Site through hyperlinks, links or banners.

The purchase and sale contracts of the Products will be stipulated between the Company and a Customer and will be concluded exclusively through “internet”, by access by the Customer to the E-Shop published on the Website and the realization of a purchase order according to the procedure provided within the E-Shop.

The contracts concluded between the Company and the Customer are governed by Italian Law and, in particular, by Legislative Decree 6 September 2005 No. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003 No. 70

These General Conditions may be subject to modifications and updates. Every update and modification will be regularly published on the E-Shop and the date on which updates are posted online is equivalent to their effective date.

In case of changes to the General Conditions, the General Conditions published on the E-Shop will be applied to the purchase order when the Customer sends the order.

Pursuant to Article 12 of Legislative Decree of April 9, 2003 No. 70, the user of the E-Shop is invited to carefully read these General Conditions: to this end the General Conditions are available on the E-Shop to any visitor of the same.

The Customer is invited to print or store these General Conditions in the manner preferred.

By making any purchase, you fully accept these General Conditions of Sale.

2) Identification of the seller

Business name: Manifattura Macchine Soffici Srl, Via Franco Russoli – CAP 20143 Milano (MI), Italy, Fiscal Code and VAT number 02737010427; e-mail: info@macchinesoffici.com

3) Products

Information on products that are susceptible to distance sales through the “E-Shop” can be found on the “Shop” page.

In the catalogue of the Collections the “Products” are represented in the best possible way. However, there may be some errors, inaccuracies or small differences between the graphic / photographic representation of the Product in the “E-Shop” and the actual Product. The photographs of the Products presented on the “E-Shop” therefore do not constitute a contractual element, as they are merely and symbolically representative of the product sold.

The availability of the Products resulting at the time of ordering is purely indicative, because, due to the simultaneous presence within the E-Shop of multiple users, the Products may be sold to others before confirming the order.

It is also specified that the Products sold within the E-Shop are handmade, coloured with raw materials of natural origin. Small chromatic variations of the materials used are to be considered an integral part of the product and constitute its essence.

4) Order and conclusion of the purchase contract

For the purchase of the Products, the Customer must complete and send the order form to the Company in electronic format, following the instructions contained in the E-Shop.

The order form contains a summary of the main commercial conditions, including the price, the means of payment and the methods of delivery, as well as information on the characteristics of the products ordered and a reference to the General Conditions.

The Customer must enter the Product he / she wishes to purchase in the “Shopping Cart” and, after having read the General Conditions, with particular reference to the contribution for delivery costs, the mode of exercise of the right of withdrawal, and the Privacy Policy, will have to select the desired payment method and choose the option to send the order.

Before transmission of the purchase order:

  • The Customer can correct any data entry errors, following the specific editing procedure contained in the E-Shop. Please note that the Customer has the right to change the quantity and type of Products he intends to purchase, adding or deleting one or more Products from the “Shopping Cart”.

  • The Company will ask the Customer, through the procedure for entering the purchase order, to carefully read the General Conditions, including the right of withdrawal. By sending the order form, the Customer acknowledges and declares to have read all the instructions provided during the purchase procedure and to accept the General Conditions in full and unconditionally, as well as the additional information contained in the E-Shop. and related to the Privacy Policy. The Company reserves the right to evaluate the acceptance of orders received and may refuse or in any case not proceed with purchase orders that are incomplete or incorrect, or in the event of unavailability of the Products or which result in the delivery of the Products ordered in some geographical areas. The Company will inform the Customer of any impossibility to accept orders received within 48 hours starting from the business day following the one in which the Customer has transmitted the order and will refund any amounts already paid by the Customer for payment of the supply. The contract of sale of the Products indicated in the order form will be considered concluded with the sending by the Company to the Customer of an e-mail confirming the order (hereinafter “Order Confirmation”) to the address of email sent by the Customer. This confirmation will summarize the Products selected, the relative prices, the VAT and any taxes due, the transport and delivery costs, the address for delivery, the order number (hereinafter “Order Number”) and the General and specific conditions applicable to the order. The Customer undertakes to verify the correctness of the data contained in the Order Confirmation and to communicate to the Company within 24 (twenty-four) hours from the receipt of the same eventual corrections. Possible cost increases due to errors in data not reported promptly will be charged to the customer. The order number, generated by the system and communicated by the Company, must be used by the Customer in any subsequent communication with the Company.

  • The Company will ask the Customer, through the procedure for entering the purchase order, to carefully read the General Conditions, including the right of withdrawal. By sending the order form, the Customer acknowledges and declares to have read all the instructions provided during the purchase procedure and to accept the General Conditions in full and unconditionally, as well as the additional information contained in the E-Shop. and related to the Privacy Policy. The Company reserves the right to evaluate the acceptance of orders received and may refuse or in any case not proceed with purchase orders that are incomplete or incorrect, or in the event of unavailability of the Products or which result in the delivery of the Products ordered in some geographical areas. The Company will inform the Customer of any impossibility to accept orders received within 48 hours starting from the business day following the one in which the Customer has transmitted the order and will refund any amounts already paid by the Customer for payment of the supply. The contract of sale of the Products indicated in the order form will be considered concluded with the sending by the Company to the Customer of an e-mail confirming the order (hereinafter “Order Confirmation”) to the address of email sent by the Customer. This confirmation will summarize the Products selected, the relative prices, the VAT and any taxes due, the transport and delivery costs, the address for delivery, the order number (hereinafter “Order Number”) and the General and specific conditions applicable to the order. The Customer undertakes to verify the correctness of the data contained in the Order Confirmation and to communicate to the Company within 24 (twenty-four) hours from the receipt of the same eventual corrections. Possible cost increases due to errors in data not reported promptly will be charged to the customer. The order number, generated by the system and communicated by the Company, must be used by the Customer in any subsequent communication with the Company.

5) Prices

All prices of the Products listed in the Collections Catalog include VAT and taxes.

Delivery costs (hereinafter “Delivery Costs”) are charged to the Customer and adequately highlighted in the order and in the Order Confirmation. In particular, in the order form, in the confirmation of the Order and in the relevant receipt / invoice will be reported in detail:

The price of the product

VAT and other possible taxes, if due

Delivery costs

Prices published on the E-Shop and offers may vary; the Company reserves the right to make changes without any prior notice.

The price shown on the E-shop is applied to the Products at the time the order form is sent, without any consideration of previous offers or any subsequent price changes.

In the event that a price has been incorrectly published by mistake, the Company reserves the right not to confirm the order received, renouncing the sale.

6) Import taxes and customs duties

In consideration of the place of production of the purchased goods or of the place of delivery of the same, the Products purchased may be subject to import taxes and / or customs duties the amount of which could also vary in relation to the country of destination.

It is therefore not possible to foresee in any way whether and what costs should be incurred for the clearance of the purchased goods.

As a consequence, any costs related to import taxes and / or customs duties will be charged exclusively to the Customer,

For more information, you can contact the customs office in your country.

7) Terms of payment

The payment methods are those indicated in the order form.

Payment can be made online by credit card (through PAYPAL), by bank transfer as specified in the E-Shop and in the “Shopping Cart” section.

For reasons of security of transactions, the Company reserves the right to request the dispatch of a copy of an identity document of the holder of the Credit Card.

Together with the communication of the Order Confirmation, the amount corresponding to the Products purchased will be charged to the Customer.

The Company will issue the purchase receipt of the Products and the invoice, sending it via e-mail to the order holder within 48 (forty eight) hours from the Order Confirmation. The information provided by the Customer will be used to issue the receipt or invoice.

No change of data will be possible after the receipt of the receipt or invoice.

8) Delivery methods

The Products purchased will be delivered to the address indicated by the Customer in the order form.

Delivery costs are charged to the Customer and are clearly highlighted on the E-Shop in the order form and in the Order Confirmation. Their value also depends on the total amount of the individual order.

The shipment of the Products will take place only after payment of the full amount of the order (including the price of the Products purchased, VAT and any taxes, if due, and delivery costs) has been regularly made by the Customer.

The Company will deliver the Products purchased by specialized carriers, only in the geographical areas specified in the E-Shop, (with standard service except for any other options chosen by the Customer and without notice of delivery, from Monday to Friday, excluded holidays and national holidays).

The delivery of the Products you have purchased on www.macchinesoffici.com takes place through the Company Manifattura Macchine Soffici Srl via Franco Russoli, 1 – CAP 20143 Milan (MI) – Italy, Fiscal Code and VAT Number 02737010427 within 30 working days throughout Italy, starting from the date of the order. The delivery times indicated above are purely indicative and not essential. Any variation to the aforementioned will be promptly communicated via e-mail to the Customer.

At the time of delivery, the presence of the Customer or a trusted person is required to check that the packaging is intact and clean and that the Products received correspond to what is stated in the Order Confirmation.

In case of visible defects, such as incorrect quantities and / or incorrect product and non-integrity of the packaging, the Customer or the person in charge of his trust, will have to report on the transport document and contact the Company: info@macchinesoffici.com no later than 8 (eight) days from delivery. They are in any case subject to legal guarantees.

At the end of the delivery attempts and failed contacts with the customer, after any storage periods without the customer collects the products, the order will be automatically cancelled and the products will be returned to the Company. The Company will reimburse the customer the value of the order, withholding the delivery costs and those incurred for the storage and return of the products to the Company.

9) Right of withdrawal

According to the regulations established by the Consumer Code, the customer, as a consumer (as defined in Article 3 of the Consumer Code), has the right to withdraw from the purchase of the products without any penalty and without specifying the reason, within 10 working days, starting from the date of receipt of the products, using the “return management” procedures indicated in the e-shop.

If the customer decides to exercise this right, he must proceed, by contacting the e-shop to this email: info@macchinesoffici.com, indicating the order number, product or products for which he intends to exercise the right of withdrawal, the date of the order, the number of the receipt / invoice, its bank details (IBAN code) and send in the following 48 hours to the Company the notice of withdrawal by registered letter with acknowledgment of receipt.

Once this communication has been made, the Customer must wait for feedback from the Company authorizing the return and indicate the methods to be used for the return of the product. Once the aforementioned communication has been received, the Customer must return the products for which he has exercised the right of withdrawal within the deadline indicated.

By law, the shipping costs related to the return of the asset are charged to the customer.

The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation), complete with the attached tax documentation and the return is under the full responsibility of the customer. Without prejudice to the right to verify compliance with the above and provided that the exercise of the right of withdrawal takes place in the terms indicated above, the Company will reimburse the amount of products subject to withdrawal as soon as possible and in any case within a maximum period of 30 days from receipt of the customer’s withdrawal notice.

In application of the provisions of art. 55 of the Consumer Code, the right of withdrawal above does not apply with reference to products made to measure or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly.

The right of withdrawal is less in the case to which the Company should ascertain, once received the product, that the same is damaged and / or not intact. In this case the Company will promptly notify the customer and return the product to the same, charging the shipping costs.

In applicazione delle disposizioni di cui all’art. 55 del Codice dei Consumatori, il diritto di recesso sopra previsto non si applica con riferimento a prodotti confezionati su misura o chiaramente personalizzati o che, per loro natura, non possono essere rispediti o rischiano di deteriorarsi o alterarsi rapidamente.

Il diritto di recesso viene meno nel caso cui la Società dovesse accertare, una volta ricevuto il prodotto, che lo stesso sia danneggiato e/o non integro. In tal caso la Società provvederà ad avvisare tempestivamente il Cliente e a restituire allo stesso il prodotto, addebitandogli le spese di spedizione.

10) Warranties

In case of receipt of products not conforming to orders or defective, the Customer must communicate it, as required by art. 132 of the Consumer Code, by e-mail to the Company within the term of 2 (two) months from the discovery of the lack of conformity, sending an e-mail and specifying if he wishes to replace the product or if he wants to have a reduction in the price of the product. Beyond this term, the Company will therefore not be responsible for the conformity defects found by the consumer. In case of replacement of the product, the warranty term for the product given as a replacement is the same as the original product. Therefore the two-year total duration of the legal guarantee will in any case start from the delivery of the original product. The Company will contact the carrier who, compatibly with its availability, will collect the goods. In any case, the Company reserves the right to verify the contested non-conformity and in case of confirmation it will deliver the replacement goods or refund the amounts paid. To be able to take advantage of the guarantee it is necessary to show the purchase documents. If the replacement is impossible, the Customer can ask, at his choice, the price reduction or the termination of the contract. In any case, reference is made to the rules of the legal guarantee, to the norms of the Consumer Code, as per articles. 128 et seq.

In caso di ricezione di prodotti non conformi agli ordini o difettosi, il Cliente dovrà comunicarlo, come previsto dall’art. 132 del Codice del Consumo, via e-mail alla Società entro il termine di 2 (due) mesi dalla scoperta del difetto di conformità, mandando una mail e specificando se desidera la sostituzione del prodotto o se desidera avere una riduzione del prezzo del prodotto. Oltre tale termine, la Società, pertanto, non sarà responsabile dei difetti di conformità riscontrati dal consumatore. In caso di sostituzione del prodotto, i termine della garanzia relativa al prodotto dato in sostituzione, sono i medesimi del prodotto originario. Pertanto la durata complessiva biennale della garanzia legale decorrerà comunque dalla consegna del prodotto originario. La Società provvederà a contattare il vettore che, compatibilmente con la sua disponibilità, ritirerà la merce. La Società si riserva in ogni caso la facoltà di verificare la non conformità contestata ed in caso di conferma provvederà alla spedizione della merce sostitutiva o al rimborso degli importi corrisposti. Per poter usufruire della garanzia è necessario esibire i documenti d’acquisto. Qualora la sostituzione sia impossibile, il Cliente potrà chiedere, a sua scelta, la riduzione del prezzo o la risoluzione del contratto. Si rinvia, in ogni caso, per la disciplina della garanzia legale, alle norme del Codice del Consumo, di cui agli artt. 128 e segg.

11) Customer care

The Customer may have information about post-sales assistance services by sending an email to info@macchinesoffici.comIl

12) Personal data and Privacy policy

The Customer’s data are processed by the Company in compliance with the provisions on personal data protection, as specified in the information provided in the Privacy Policy section – pursuant to art. 13 of the 2016/679 EU Regulation “GDPR”

I dati del Cliente sono trattati dalla Società conformemente a quanto previsto dalla normativa in materia di protezione dei dati personali, come specificato nell’informativa fornita nell’apposita sezione Privacy Policy – informativa ai sensi dell’art. 13 del Regolamento UE 2016/679 “GDPR”

13) Communications

Any communication can be addressed to the Company through the e-shop email: info@macchinesoffici.com

14) Applicable law and competent court

This contract is governed exclusively by Italian law.

For any dispute concerning the interpretation, execution, resolution, validity and effectiveness of this contract, the Italian Judge will have jurisdiction and the rules of substantive procedural law in force in the Italian territory will apply. Any disputes related to the interpretation or execution of this contract will be settled exclusively by the Court of Milan, without prejudice to the application of the Consumer Code in the event of purchases by consumers.

Il presente contratto è disciplinato esclusivamente dalla Legge italiana.

Per qualunque controversia concernente l’interpretazione, l’esecuzione, la risoluzione, la validità e l’efficacia del presente contratto, avrà giurisdizione il Giudice italiano e si applicheranno le norme di diritto sostanziale processuale vigenti nel territorio italiano. Eventuali controversie connesse all’interpretazione o esecuzione del presente contratto saranno risolte in via esclusiva dal Tribunale di Milano, fatta salva l’applicazione delle norme del Codice del Consumo in caso di acquisti da parte di consumatori.

15) Payment methods

Manifattura Macchine Soffici Srl allows you to buy online the many products present, accepting these three forms of payment:

  1. PayPal

  2. Credit Card: Users can always pay by credit card through the PayPal online payment system.

  3. Bank transfer: payment by bank transfer to these coordinates:

Manifattura Macchine Soffici Srl

Banca: Banco BPM

IBAN: IT31 H 05034 54240 000000008148

BIC/SWIFT: BAPPIT21AF2

Report the order number in the reason for payment

16) Purchase receipt / invoice

Once the payment has been made, you will receive the purchase receipt directly to your e-mail address. All prices within the pages of the site and in the cart are inclusive of taxes. Once the order is complete, the invoice will be sent by e-mail.

Agreement for using the VAT number

We recommend that you review the following information before registering your VAT number

If you are a taxable person registered for VAT purposes in a member state of the European Union, when you have recourse to the conditions listed below, you can send us your VAT number if you make purchases from www.macchinesoffici.com. Sending this information will allow us to use your VAT number to identify the tax to be applied to your purchases. Before telling us your VAT number, we recommend that you carefully read the information below. You can tell us your VAT number only if you confirm that you have read and accepted all the conditions listed below:

  1. Manifattura Macchine Soffici Srl is the company that owns the goods sent and sold on the site www.macchinesoffici.com. Manifattura Macchine Soffici Srl has its headquarters in Via Russoli, 1 Milan (MI) – 20143 Italy.

  2. Your purchases come from Italy. When you tell us your VAT number for your purchases on www.macchinesoffici.com, after verifying its validity, we will determine which VAT to apply to your purchases and issue a valid invoice in compliance with local and / or European VAT regulations.

  3. In the event that VAT is not applied to your purchases, in compliance with local and / or European VAT regulations, you will be responsible for the correct fulfillment of all the formalities at your charge provided for by the local and / or European VAT legislation.

  4. You will be responsible for the proper fulfillment of all the formalities required by your local and / or European VAT legislation, relating to the state in which you request that the goods be delivered to you;

  5. The VAT number (and the relative certificate) supplied to Manifattura Macchine Soffici Srl are related to the commercial activity carried out by yourself. This activity is subject to VAT in one of the European Union countries.

  6. The VAT number (and relevant certificate) and all other information you have provided is correct, valid and up to date.

  7. All information regarding your VAT number will be collected, processed and stored in accordance with the provisions contained in the General Conditions of Use and Sale and in the Privacy Notice available on the website www.macchinesoffici.com.

  8. The Company reserves the right to request additional information and to verify the validity of the information provided at the time of purchase on the website www.macchinesoffici.com (including the VAT number and / or the relative certificate), with you or with the competent authorities and government agencies, within the limits permitted by law. Hereby you authorize the Company to request and obtain such information from the aforementioned competent authorities and government agencies in the event that the company considers it necessary. In addition, hereby you also agree to provide any information necessary to the Company, whenever you will be asked;

  9. Manifattura Macchine Soffici Srl reserves the right to re-debit VAT not yet invoiced, in the event that the number of VAT part supplied proves to be invalid or does not correspond to the information provided or in the event that the tax authorities verify that the number VAT number is not attributable to the person who made the purchase on www.macchinesoffici.com. Hereby you authorize the Company to charge your credit card for VAT not previously invoiced;

  10. Accept to receive invoices electronically. These documents will be sent in PDF format to the e-mail address indicated at the time of purchase. The invoice will be sent to you in the shipping confirmation e-mail.

Updating: 12 July 2018