Terms and conditions of service
General Conditions of Sale
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Introduction and effectiveness of these General Conditions of Sale
The seller of the products (the “Products” or the “Product”), owner of the Website www.unimae.it (the “Site”) and owner of the domain name, is the company UNIMAE SRL with registered office in Parma, via Giovanni Paisiello, 9 (CF and VAT number 02842590347 certified email: unimae@legalmail.it), Rea PR271388, in the person of its legal representative pro tempore (the “Seller”).
These general conditions of sale (the “General Conditions”) govern the remote purchase, via the Site, of the Products in compliance with Italian law.
The person accessing the Site to make purchases (the “Customer”) is required, before proceeding with purchases, to carefully read and accept these General Conditions by accessing the relevant page of the Site in which they are published.
The language available for purchasing Products on the Site is Italian and English.
In order to purchase through the Site, the Consumer Customer must be at least eighteen years of age. -
Choosing and ordering Products
The Products that can be purchased by the Customer are those that can be viewed on the Site at the time the Order is placed. The site shows the characteristics, price and description of each Product. It is possible to request the descriptive sheet of each individual product via email. The graphic representation of the Products corresponds to the photographic image. The image of the Products has the sole purpose of presenting them for sale and may not be representative of their
characteristics and quality, except for the representation and/or description on the label which is truthful and corresponds to the selected Product.
Each Customer may purchase the Products by registering on the Site, or may purchase them in “guest” mode without registering.
To purchase the Products on the Site, the Customer must add them to the "cart", fill in the order form in electronic format, selecting the shipping and payment method (the "Order").
Following the sending of the Order:
- the Customer will receive an email from the Seller containing the reference to these Terms, the Order number and information relating to the Products ordered, the price details of each Product, the shipping address as well as the payment methods and indicative delivery times, and any Expenses;
- The Seller will check the availability of the Products in the Order and: i) if they are available, the Order will be processed; ii) if they are not available, the Order will be cancelled; iii) if only some of the Products in the Order are not available, the Order will be processed only for that part of the Products and consequently.
The Order may be refused in the event of inaccuracy of the information provided by the Customer, in the event that it is found, if the Order does not correspond to the normal needs of use, in the event of erroneous indication of the sales prices of the Products on the Site, or for reasons of force majeure. In this case the Seller will refund the payment of the sums already made or pre-authorized.
The sales contract will be considered concluded only when the Seller sends the Customer an email confirming the shipment of the Product(s) ordered.
3. Prices and delivery costs
The prices of the Products, relating to the single item, are expressed in Euros and include VAT.
Any additional costs, if applicable, shall be borne by the Customer and will be indicated in detail before the Order is sent.
4. Payment Methods
4.1 Payment Methods
The Customer may pay the price of the Products and the related Additional Costs using one of the following methods: Credit card; PayPal; Apple Pay; Cash on delivery;
• PayPal
Once the Order has been placed, the Customer will be redirected to the PayPal site where he/she can make the payment through his/her own account or using a card, even a prepaid one, or in any case according to the methods accepted by PayPal and in compliance with the relevant conditions.
• Apple Pay
If your device is compatible with this payment method, simply approve the payment using Touch ID or Face ID or, in the case of Apple Watch, double-pressing the side button. The outcome of the operation appears on the display of the iPhone, iPad, Mac or Apple Watch used.
The payment data of the products will be processed directly by Apple Pay and will not be transmitted or shared with the Seller.
The Seller will charge the total amount of the transaction at the time of
transmission of the Order.
• Payment on delivery
Payment on delivery can only be made in cash and will incur an additional cost for the Customer of €10.00.
Cash on delivery payment can be selected only for orders up to €350.00. For higher amounts this payment method cannot be used.
Payment can be made by the Customer using the Unimae Gift Card and entering the relevant code in the caption “Gift voucher or discount code”.
For each Purchase Order, the Customer may simultaneously use multiple Gift Cards within a maximum total amount of Euro 999.99 (nine hundred and ninety-nine/99).
If the Gift Card is not sufficient to cover the total amount of the transaction, it will be possible to integrate it using other forms of payment (credit card or PayPal), with the exception of cash on delivery.
4.2 Billing
If the purchase is made by a Professional Customer, he/she may request the issuing of an invoice by selecting the appropriate box during the order process and entering the billing information including tax code and/or VAT number. The issuing of the invoice must necessarily be requested before making the payment by selecting the appropriate field. In this case, the invoice will be sent via email to the indicated address. The Professional Customer is responsible for the correct entry of the billing information and is expressly informed that, in the event of failure to request the invoice during the order phase, it will not be possible to request or modify it later.
5. Transport and delivery
The Products will be delivered to the address selected by the Customer in the Order in the appropriate field “Shipping Address”.
All Products will be delivered by express courier managed by the MBE platform. Once the Products have been shipped, the Customer will receive a confirmation email from the carrier which will include a link to refer to for tracking the Shipment.
The delivery of the Products is carried out within the European territory and the Customer can choose between Standard Shipping and Express Shipping during the Order phase.
Standard Shipping is free in Italy for orders over €65.00 and delivery takes place on average within 2-3 working days, calculated from the moment the customer receives confirmation of order fulfillment.
No deliveries are made on Saturdays, Sundays and public holidays.
The delivery obligation is deemed to be fulfilled by the transfer of material availability or control of the Products to the Customer. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will be transferred to the Customer when the Customer, or a third party designated by the latter and other than the carrier, physically takes possession of the Products.
In the event of non-delivery due to the absence of the recipient at the address specified in the Order, after several failed delivery attempts, the Shipment will go into "storage"; in the event that the Customer expressly refuses to take delivery of the purchased Products, the Shipment will automatically go into storage. In the event of failure to collect the Products within 15 (fifteen) working days from the day following the day on which the courier left the notice of passage or from the day on which the Customer refused to take delivery of the Products, or in the event of non-delivery due to an incorrect address, the contract will be considered terminated pursuant to art. 1456 of the Italian Civil Code.
6. Right of withdrawal
Except for the cases of exclusion provided for in the following point VII, only the Consumer Customer has the right to withdraw from the contract for any reason, without the need to provide explanations and without any penalty (the “Right of Withdrawal” or the “Withdrawal”). The Right of Withdrawal is not recognized for the Professional Customer.
The Withdrawal may concern all or only part of the Products purchased by the Consumer Customer.
The Right of Withdrawal may be exercised within 14 days following the date on which the Consumer Customer, or the third party designated by the same to collect the Products, has acquired physical possession of the same (the “Withdrawal Period”).
In the case of multiple Products ordered by the Consumer Customer through a single Order and delivered separately, the 14-day Withdrawal Period starts from the date on which the Consumer Customer, or the third party designated by the same, has acquired physical possession of the last Product.
To exercise the right of withdrawal The Consumer Customer must send the Seller, before the expiry of the Withdrawal Period, a written communication in which the intention to exercise the Right of Withdrawal is explicitly stated to the address info@unimae.it, specifying as subject: "Returns and Refunds" followed by theorder number of reference.
In this case, following confirmation by Customer Service of receipt of the withdrawal request, the products must be sent to the following address:
UNIMAE SRL c/o MBE - via Nicola Morgini, 7/a 43122 Parma (PR)
Withdrawal Conditions
The Right of Withdrawal is governed by the following conditions.
1. The Right of Withdrawal applies to the Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts, it is not possible to exercise the Withdrawal for only part of the purchased Product.
2.In the event of timely exercise of the Right of Withdrawal, the Seller will reimburse the Consumer Customer the full price of the Products (including Additional Costs) subject to the Withdrawal (the “Returned Products”) within 14 days from the date of receipt of the Withdrawal notice. The Seller will have the right to suspend the reimbursement until receipt of the Returned Products.
III. The refund will be made using the same payment method used by the Consumer Customer. The latter may request that the refund be made using a different payment method than the one used to purchase the products. In this case, any additional costs arising from the different payment method chosen will be borne by the Consumer Customer. In the event that the Consumer Customer has made the payment by cash on delivery, the additional cost of Euro 10.00 will not be refunded, as provided for by art. 56, co. 2 of the Consumer Code.
1. The Consumer Customer who has communicated the Withdrawal within the time frame and with the methods indicated above will be required to return the Returned Products to the Seller within and no later than 14 days from sending the Withdrawal communication.
2. All costs necessary for returning the Products are borne by the Customer.
3. The Products must be returned intact and in normal condition, inserted in the original packaging, complete with all their parts (including packaging and accessory documentation).
In the event that the Product has suffered a decrease in value resulting from a
manipulation of the goods other than that necessary to establish their nature, characteristics and functioning, the sum to be refunded may be reduced by an amount equal to the sale value of the goods.
Non-compliant returns cannot be accepted.
Please note that the Right of Withdrawal is excluded pursuant to art. 59 co. 1 letter d) and letter e) of the Consumer Code in the case of sealed Products that are not suitable for return for hygienic reasons or related to health protection or that have been opened after delivery.
7. Legal Guarantees
7.1. Legal guarantee for the Consumer Customer
The legal guarantee identified below will apply in all cases in which it is not incompatible with the nature of the Product purchased or its shelf life/longevity indicated on the purchased product (i.e. the period of time during which the Product maintains an acceptable level of safety and quality).
The Consumer Customer has the right to avail of the legal guarantee provided for in articles 133 et seq. of the Consumer Code. This guarantee requires that the Consumer Customer must report to the Seller any lack of conformity of the Product in writing by e-mail to the addressinfo@hitaliano.it . Following such complaint, the Consumer Customer will be contacted by the Seller's customer service who will verify the validity of the request. Where the legal requirements exist, the Consumer Customer will have the right to request the repair or replacement of the defective Product, without prejudice to the other rights provided by law in his favor. By virtue of the above guarantee, the Seller is responsible for defects of conformity that appear within 2 years of delivery of the Product. Beyond this term, the Seller, therefore, will not be responsible for defects of conformity found by the Consumer Customer.The action aimed at asserting defects not fraudulently concealed by the Seller expires within 26 months from delivery of the goods. In the event of replacement or repair of the Product, the terms of the guarantee relating to the replaced or repaired Product are the same as those of the original Product. Therefore, the overall two-year duration of the legal guarantee will in any case start from the delivery of the original Product. In order to benefit from the guarantee, the Consumer Customer must provide evidence of the date of purchase.
7.2. Legal guarantee for the Professional Customer
The Professional Customer has the right exclusively to avail of the legal guarantee provided by the Civil Code pursuant to articles 1490 et seq. in all cases in which the same is not incompatible with the nature of the purchased Product or its shelf-life/longevity indicated in the product sheet of the Site shop (i.e. the period of time during which the Product maintains an acceptable level of safety and quality). This guarantee requires, among other things, that the Professional Customer, under penalty of forfeiture, report any defect in the Product to the Seller within 8 days of discovery. This guarantee will remain in force for 12 months from delivery of the Product. Therefore, beyond this term, the Seller will not be liable for any defects. In order to benefit from the guarantee, the Professional Customer must provide evidence of the date of purchase.
8. Errors and limitations of liability
The information relating to the Products is constantly updated. However, it is not possible to guarantee the complete absence of errors for which the Seller cannot be held responsible, except in the case of fraud or gross negligence.
The Seller reserves the right to correct any errors, inaccuracies or omissions even after an Order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and applicable legislation.
Except in the case of willful misconduct or gross negligence, the Customer shall have no right to compensation for damages or to the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the failure to accept or fulfill, even partially, an Order and by the sale of the Products.
The Seller also declines all responsibility for direct or indirect damages of whatever nature or in whatever form they manifest themselves, resulting from the use of the Site and/or the news, photos and information contained therein.
9. Complaints
Any complaints must be forwarded to the Seller by writing to the e-mail address
email info@hitaliano.com .
10. Force Majeure
The execution of the services by the Seller may be suspended in the event of fortuitous events or force majeure which prevent or delay the execution.
In such cases, the Seller will communicate to the Customer the occurrence of the fortuitous event or force majeure within 7 (seven) days of its occurrence.
Should the suspension of the service last for a period longer than 15 days, the Customer will have the possibility to cancel the Order and obtain a refund of the amounts paid.
11.Applicable law and competent court
The sales contract between the Customer and the Seller is deemed to be concluded in Italy and governed by Italian law. All disputes that may arise between the Seller and a Consumer Customer in relation to these General Conditions and/or individual purchase orders will be devolved to the exclusive jurisdiction of the court of residence or domicile of the Consumer Customer, if located in Italian territory; in all other cases, territorial jurisdiction will be devolved exclusively to the Court of Parma.
12. Alternative dispute resolution
The Consumer Customer may use the ODR (“online dispute resolution”) platform relating to the resolution of online disputes pursuant to EU Regulation 524/2013 and Legislative Decree 130/2015 adopted in implementation of EU Directive 2013/11, reachable at the following addresshttps://ec.europa.eu/consumers/odr/.
13. Processing of Personal Data
The Customer's data is processed by UNIMAE SRL in accordance with the provisions of the legislation on the protection of personal data, as specified in the information provided in the appropriate section.
