Terms and conditions of use

Terms and conditions of use

The following terms and conditions of online sale (hereinafter referred to as "Terms and Conditions") govern the contract of sale (hereinafter, the "Contract") of products (hereinafter, the "Product" or "Products") offered by Macoma Italy, located at S.S. 115 km 212, Palma di Montechiaro (AG), VAT number 03075380844, through its website.

These terms and conditions apply exclusively to customers qualifying as "consumers" within the meaning of Article 3, paragraph 1, letter a) of Legislative Decree 6 September 2005, no. 206, i.e., "natural persons acting for purposes unrelated to any business or professional activity they may perform."

All information on the site is in Italian and English. Before placing an order, the customer declares to have read all the aforementioned information and general terms of sale.

1 - Object

These terms and conditions aim to define the rights and obligations of the parties in the context of a distance sale of goods offered in the online store of Macoma Italy.

2 - Territory and Coverage of the Offer

The following terms and conditions refer to sales made to consumers both in Italy and abroad.

3 - Contractual Documents

This contract consists of the following documents:

These terms and conditions

The order confirmation

Photographs illustrating the products on the site are for descriptive purposes only and are not part of the contractual scope.

4 - Order Receipt

Any order confirmation made by the validation click constitutes an irrevocable commitment by the customer and can only be modified or canceled in the cases provided for in this contract under the articles "Right of Withdrawal" and "Order Execution."

Orders for customized products and special finishes can be canceled within 7 days of payment. After this period, the order cannot be canceled.

5 - Order Acceptance

The contract will be concluded upon confirmation of the order by Macoma Italy. The customer will receive an email receipt confirming all elements of the contract, including the ordered products, prices, delivery dates, and shipping costs. Macoma Italy reserves the right not to confirm an order for any reason related, in particular, to supply problems or issues related to the received order. Macoma Italy will not be responsible for delivery errors caused by inaccuracies or incompleteness in the customer's order. Additionally, Macoma Italy will not be responsible for any damage to the products occurring after delivery to the carrier responsible for transport, nor for any delays in delivery attributable to the carrier.

6 - Prices - Invoice

Prices are expressed in Euros and include 22% VAT. Companies with VAT registered in a European Union member state and citizens and companies outside the EU, as well as Swiss and Norwegian private citizens, can make purchases on Macoma Italy without the application of Italian VAT. It is understood that the customs duties of their respective destination countries are the responsibility of the customer.

The price guaranteed to the customer is the one published on the site at the time of order submission.

Product prices are final and do not include any delivery charges, which will be indicated in the order confirmation. The official list price provided by the brand is the initial price to which the discount is applied.

7 - Payment

The customer intending to proceed with the purchase of the products must express this intention through a request made directly on the site, following the indicated procedures, and must make the payment.

The payment is due at the time of the order.

The customer undertakes to pay the agreed price for the ordered product on the site (product prices and shipping costs) using the available payment methods. The customer guarantees that they have the necessary authorizations to use the payment instrument indicated during the order.

In case of non-receipt of payment by Macoma Italy, the latter reserves the right to cancel the order. In the case of payment by credit card, Macoma Italy may request the submission, within 24 hours, of a copy of the identity document proving the actual ownership of the credit card used. In case of non-submission of the requested document, Macoma Italy may refuse payment and cancel the order.

Payment-related data will be processed securely through a server-to-server connection using the SSL (Secure Sockets Layer) Protocol.

8 - Transfer of Risks

The risks related to the products are transferred to the customer at the time of delivery of the products to the carrier by Macoma Italy. During the withdrawal period under Article 13, the customer is responsible for the product as a custodian. In case of damage or destruction of the product during the customer's custody, the customer will be responsible.

9 - Order Execution

The order will be executed within the terms indicated on the site and subject to the acceptance of the order by Macoma Italy, within a maximum period of 30 days from the confirmation of the order, unless specific agreements between the parties.

10 - Delivery

The geographical delivery area corresponds to the geographical coverage area of the offer. Deliveries are made from Monday to Friday.

Products are delivered to the address indicated by the customer. Delivery is considered made at street level, unless otherwise indicated by the courier used. Details will be provided via email at the time of order shipment. Macoma Italy does not provide installation services for the products sold.

Macoma Italy undertakes to deliver the products to the address communicated by the customer in the order, via the carrier responsible for transport. Macoma Italy will not be responsible for delivery errors caused by inaccuracies or incompleteness in the customer's order. Additionally, Macoma Italy will not be responsible for any damage to the products occurring after delivery to the carrier responsible for transport, nor for any delays in delivery attributable to the carrier.

Delivery is made via couriers selected by Macoma Italy. The delivery document issued by the courier, dated and signed by the customer upon product delivery, constitutes proof of transport and release of the goods.

At the time of delivery, the customer must check the content, conformity, and condition of the products. In case of delays, damages, total or partial losses, or other problems, the customer can contact the courier, without involving Macoma Italy. Therefore, at the time of delivery, Macoma Italy advises the customer to check the condition of the delivered products before signing the receipt document. If anomalies are found, the customer must refuse delivery of the products or provide in writing detailed and dated reservations. Such reservations must be confirmed to Macoma Italy within 3 working days of the product delivery, following the procedures indicated in the Returns & Withdrawals section of the site.

11 - Product Retrieval in Case of Customer Absence

In case of absence of the recipient during delivery, the courier will leave a delivery notice at the delivery address provided by the customer. In case of the recipient's absence also on the second delivery attempt, the products must be collected at the address and according to the methods indicated by the courier.

In case of non-collection within the term established by the courier, the products will be returned to Macoma Italy, which reserves the right to refund the product price, retaining 30% of the material amount and shipping costs at the customer's expense.

12 - Right of Withdrawal

Pursuant to Article 52 of Legislative Decree 6 September 2005, no. 206, the customer has the right to withdraw from the contract and return the ordered products, without penalty and without specifying the reason, within 15 days of receiving the products themselves.

The right of withdrawal cannot be exercised by the customer in the case of purchased products being made to measure or clearly personalized.

To exercise the right of withdrawal, the customer must inform Macoma Italy through explicit communication sent by mail or email to the following addresses:

Macoma Italy

S.S. 115 km 212

Palma di Montechiaro (AG)

VAT number 03075380844

Email: macomaitaly@gmail.com

To comply with the withdrawal period, it is sufficient for the customer to send the communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of Withdrawal

In case of withdrawal, Macoma Italy will refund all payments made by the customer, excluding standard delivery costs (excluding additional costs resulting from the choice of a type of delivery different from the standard one offered by Macoma Italy), within 14 days of receiving the withdrawal notice. The refund will be made using the same payment method used for the initial transaction unless otherwise agreed. The customer will not incur any costs as a result of such reimbursement.

Products subject to withdrawal must be returned to Macoma Italy at the address S.S. 115 km 212, Palma di Montechiaro (AG) without undue delay and in any case within 14 days from the day the customer communicated their withdrawal from the contract. The deadline will be considered met if the products are returned before the expiration of the 14-day period. The direct costs of returning the products will be borne by the customer.

13 - Warranty

Products sold by Macoma Italy are subject to the legal warranty against hidden defects provided for by articles 1490 and following of the Italian Civil Code. The warranty does not cover damages, breakages, or malfunctions caused by improper use or non-compliance with the instructions provided with the product.

To activate the warranty, the customer must return the product to Macoma Italy, attaching the original invoice, within the warranty period. In case of a defect covered by the warranty, the product will be replaced with an identical one and sent to the customer at the expense of Macoma Italy, unless the product is unavailable or production is discontinued. In the latter case, Macoma Italy will proceed with the refund of the product price to the customer.

14 - Use of the Site

The product descriptions and images on the site are for descriptive purposes only and may vary from the actual product. Macoma Italy assumes no responsibility for any problems arising from the use of the site and the technologies employed.

15 - Intellectual and Industrial Property Rights

Macoma Italy informs that the site and all trademarks and distinctive signs used in relation to the sale of products are protected by applicable intellectual and industrial property rights, and any form of reproduction, communication, distribution, publication, alteration, or transformation is prohibited without the written consent of Macoma Italy.

16 - Protection of Personal Data

Macoma Italy is the owner of the personal data collected during registration on the site and at the time of purchase. This data will be processed in compliance with privacy regulations. For more information on the processing of personal data, you can consult the privacy policy of Macoma Italy available on the site.

17 - Electronic Signature

The "validation click" on the site constitutes an electronic signature and has the same value as a handwritten signature between the parties.

18 - Entirety of the Contract

These general conditions constitute the entirety of the parties' obligations and replace any other general or specific conditions communicated by the customer.

19 - Nullity

If one or more provisions of these general conditions are considered invalid or declared as such under a law or a final decision of a competent court, the other provisions will remain valid and effective.

20 - Communications

For any communication, you can contact Macoma Italy at the following addresses:

Macoma Italy

S.S. 115 km 212

Palma di Montechiaro (AG)

VAT number 03075380844

Tel: 0922968818

Email: info@macomaitaly.com

21 - Applicable Law and Competent Court

The sales contract between the customer and Macoma Italy is governed by Italian law.