Terms and Conditions - Consumers

The My Italian Product platform (hereinafter the "Marketplace”) is managed by the company My Italian Product s.r.l., with registered office in via Atto Tigri 11, 00197 Rome (hereinafter "My Italian Product").

In order to use the Marketplace, you must be at least eighteen years of age and you must accept and sign these contractual regulations in advance.

1. DEFINITIONS

The terms and phrases listed below have the meanings indicated below, and the terms defined in the singular are also intended in the plural and vice versa.

Consumer: means the adult consumer subject (as defined in Article 3 of the Italian Consumer Code) who has accepted these General Terms and Conditions in order to purchase one or more Products through the Marketplace.

Customer: means the adult non-consumer subject who has accepted these General Conditions in order to purchase one or more Products through the Marketplace.

Seller: means the subject (natural or legal person) who, as a producer, directly or indirectly produces the Products and inserts them in the Marketplace for the purpose of sale and who concludes the Contracts.

Products: means the goods and articles made in Italy owned by the Sellers, offered and published by the Sellers in the Marketplace, for the purpose of their direct sale to Consumers and/or Customers.

Defective Products:means the Products damaged, defective or presenting discrepancies with respect to the images of the Product posted by the Seller or with respect to the characteristics indicated by the same in the Marketplace.

Shop: means the personal page of each Seller containing the eShop of the Products that Sellers have put up for sale via the Marketplace and which can be visited by Customers and/or Consumers.

Contracts: means the contracts of sale of the Products concluded between the Sellers and the Customers and/or the Customers through the Marketplace.

Marketplace: means the virtual shop owned by My Italian Product and accessible via the URL www.myitalianproduct.com, through which it is possible to purchase the Products.

General Terms and Conditions: means these general terms and conditions of sale and any future new versions that may be published in the Marketplace by My Italian Product, which govern all the Contracts and form an integral part thereof.

Privacy Policymeans the document defining the methods by which My Italian Product collects, uses, processes, stores and transfers personal data.

Orders: means the purchase orders of the Products sent by Consumers and/or Customers, in compliance with the General Conditions and following the procedure set forth in Article 3.

Order number: means the Order number generated by My Italian Product following the fulfilment of the Order by the Consumer and/or the Customer and which, once inserted in the section "My orders" accessible from all the pages of the Marketplace, allows to verify all the information related to the Orders and allows Consumers and/or Customers to monitor the progress of Orders.

Order Confirmation: means the e-mail message through which My Italian Product informs Consumers and/or Customers that the Orders have been accepted. Price: means the sale price of the Products as indicated in the Marketplace under the Products themselves.

Price: means the sale price of the Products as indicated in the Marketplace under the Products themselves.

Payment: means the Payment process available to Consumers and/or Customers to purchase Products in the Marketplace. The Payment process: (i) is initiated after the Consumer and/or the Customer clicks on the "purchase" button, (ii) the Consumer and/or the Customer is requested to select a Payment method and indicate a delivery address, and (iii) is concluded when the Consumer and/or the Customer clicks on the "complete Payment" button.

Service: means the service offered by My Italian Product that enables Sellers to place their Products on the Marketplace for the purpose of sale to Consumers and/or Customers.

Customer Service: means the assistance service provided by My Italian Product to Sellers, Consumers and Customers before, during and after the purchase and/or sale of a Product.

Account: means the account of the Consumer, Customer or Seller created at the time of registration to the Marketplace..

Mandatory Information: the information that Consumers must provide when creating an Account.

Chat: the Marketplace tool that Consumers can use to communicate privately with Sellers.

2. OBJECT OF THE CONTRACT.

The purpose of this agreement is the supply by My Italian Product of the Service enabling Sellers to place Products in their Shop in order to sell them to Consumers and/or Customers through the Marketplace. Sellers are present on the Marketplace as manufacturers by virtue of separate agreements entered into with My Italian Product and each Seller independently manages its own Shop. My Italian Product does not sell or purchase the Products displayed in the Marketplace, is not a party to the transactions carried out through the Marketplace and is not responsible for any delays and/or problems with shipments.

My Italian Product reserves the right to amend this General Terms and Conditions at any time and it being understood that the General Terms and Conditions applicable to the Contracts are the ones published in the Marketplace at the time the Orders are placed by Consumers.

In the event of any conflict between this General Conditions and any other terms and conditions relating to the Contracts published in the Marketplace, the terms and conditions more favourable to the Consumer shall apply.

3. CONCLUSION OF CONTRACTS.

In order to proceed with the placing of Orders, the Consumer may create an Account by registering in the Marketplace, entering all the Mandatory Information (such as name, email address, tax code, ...) and choosing a password to send the Orders and to access, even at a later time, his Account. By creating an Account the Consumer accepts these General Terms and Conditions.

Consumers may purchase Products by selecting them in the section of the Marketplace dedicated to the type of Product sought and placing them in the "shopping cart". If the Products that the Consumers intend to purchase are more than one, the same procedure described above shall be repeated by clicking on "add other products". Once the choice of Products has been completed, the Consumers, if they have not already done so, must proceed to the registration of the Account or, if already registered, must authenticate themselves by entering their e-mail address and password in the appropriate spaces and click on "go to the checkout".

After having verified the correctness of the data relating to the Product(s) chosen and of the "shipping information", Consumers must choose the method of Payment referred to in Article 6 and then Consumers may proceed to send the Orders by clicking on "send".

Once the Order has been sent, My Italian Product:

– undertakes to send the Order Confirmation made by the Consumer by e-mail within 2 working days of receipt of the Product Orders by the Consumer;

– will generate an Order Number which, entered in the "My Orders" section, allows to verify all the information relating to the Orders and allows the Consumers to follow the status of the Orders.

The Contracts shall be deemed to be concluded at the time when the Consumers receive the Order Confirmation. In the event that the Consumers do not receive the Order Confirmation within the aforementioned term, the Order shall be deemed rejected and, therefore, devoid of effect.

By sending the Orders, the Consumers declare that they have read all the instructions concerning the method of purchasing the Products referred to in these General Terms and Conditions and that they have accepted them in full, as well as having read all the additional information contained in the Marketplace.

Orders shall be stored in the Marketplace database, in accordance with the methods and in compliance with the Privacy Policy and, in general, with the provisions of the applicable data protection legislation and shall be accessible by contacting My Italian Product.

Both the Consumer and the Seller acknowledge that the completion of the checkout process by the Consumer creates a legally binding agreement between the Consumer and the Seller based on (i) the description and the photographs of the Product, (ii) the conditions agreed between the Consumer and the Seller on the basis of the commercial policies indicated by the latter in its Shop and (iii) the relevant conditions included in this General Terms and Conditions.

The Consumer undertakes to pay for the Product and the Seller undertakes to transfer the ownership of the Product. For the avoidance of doubt, My Italian Product is not a party to this agreement.

4. AVAILABILITY OF THE PRODUCTS.

In correspondence with each Product published in the Marketplace, each Seller indicates the relevant return and withdrawal policy adopted by him, as well as the terms provided for the production, shipment and delivery of each Product. The Seller is free to apply the policy it deems most appropriate for the Product sold, without prejudice

In addition, always under each Product, the Seller indicates whether the Product

(i) is available;

(ii) is not available;

(iii) is available "upon request";

(iv) is "customizable".

The type of Products published in the Marketplace and their availability may vary at any time without this entailing any liability of My Italian Product towards Consumers.

The indication relating to the availability of the Products is not binding, it being understood that the Products indicated as "unavailable" may not be ordered by the Consumers.

In the event of unavailability of a Product indicated as available at the time the Order is sent by a Consumer, the Sellers undertake to indicate to the Consumer through the Chat the approximate time expected for a new availability of the Product/s object of the Order sent by the Consumer. In the event that the Product be permanently unavailable, the Seller shall be obliged to fully refund the Price paid by the Consumer for the unavailable Product. In any event, the Consumer may withdraw the Order within 48 hours from the receipt of such communication - without prejudice to the right of withdrawal pursuant to art. 8 - by notifying the Seller. In this case, the Seller undertakes to reimburse the price paid for the purchase of the product as soon as possible.

If in correspondence with a Product there is the indication available "on request" it means that such Product, at that moment, is not available but that it will be the Seller's responsibility to check its availability after the Consumer's request.

If in correspondence of a Product there is the indication available "on request" it means that such Product, at that moment, is not available but that it will be care of the Seller to verify its availability after the request of the Consumer. If a Product is marked "customisable" it means that such Product can be modified/adapted/customised according to the specific requests of the Consumer. In this case, Consumers must specify their requests in the space provided when placing their Orders. After the sending of the Order Confirmation, the Seller undertakes to inform the Consumers, through the Chat, of the expected delivery date of the customised Product. Although the Seller undertakes to do its utmost to ensure the respect of such term, the same is to be intended as merely indicative and does not imply any obligation neither for the Seller nor for My Italian Product.

It should be noted that Sellers may not indicate the availability of the or certain Products published in the Marketplace, which does not entail any kind of liability either for Sellers or for My Italian Product.

5. PRICE AND SHIPPING COSTS, TAXES AND DUTIES.

The Price is indicated in the Marketplace in correspondence with the Products themselves expressed in Euros.

The applicable Price is the one published in the Marketplace at the time the Orders are placed by the Consumers and is determined by the Seller at its own discretion.

The Price is inclusive of VAT, to the extent and where applicable, if the Products are shipped and delivered within the European Union. If the Products are delivered outside the European Union, the Price is exclusive of VAT.

The Price does not include the shipping costs that the Seller may require from the Consumers and that may vary depending on the type of delivery, the quantity of the Products to be delivered, their volume, their weight and their destination.

The contribution requested by the Seller for the shipping costs is indicated, separately from the Price, before the Order is sent by the Consumers and shall be paid by the Consumers together with and at the same time as the Payment of the Price according to the procedures set forth in art. 6.

Any taxes, levies, duties and other charges provided for by the laws of the State where the Products are shipped and delivered shall be entirely borne by the Consumers and paid by the latter at the time of delivery of the Products, directly to the competent tax or customs authorities or to the courier in charge of delivery.

6. PAYMENT METHOD.

Consumers may pay the Price and the contribution for shipping costs pursuant to article 5 by PayPal, Stripe or other means of payment that may be indicated by My Italian Product in the Marketplace. My Italian Product reserves the right to change, at any time, the methods of Payment that may be used by Consumers, it being understood that those published in the Marketplace at the time the Orders are placed by Consumers shall be deemed usable.

In case of Payment by PayPal, when the Orders are sent by the Consumers, the web session shall be transferred to PayPal's secure website. On this website, the Consumers can complete the Payment of the Price and the contribution for the shipping costs referred to in article 5 using their PayPal account and according to the terms of use of the PayPal service subscribed to by the Consumers at that time or previously. The charge of the Price and of the contribution for shipping costs as per article 5 to the Consumers' PayPal account shall be made at the same time that My Italian Product sends the Order Confirmation.

In the event of payment by Stripe, the conditions of use of the Stripe service subscribed to by the Consumer at that time or previously shall apply.

The Seller shall send the Consumers a regular fiscal document. For the purposes of issuing the tax document, the information provided by the Consumers shall be deemed authentic. No variation of the fiscal document shall be possible after its issue.

The information received by My Italian Product pursuant to this clause 6 shall be used exclusively to complete the procedures relating to the sale of the Products and for the reimbursement procedures in the event of the exercise of the right of withdrawal pursuant to clause 8.

7. SHIPPING AND DELIVERY OF PRODUCTS.

The shipment of the Products is carried out by the Sellers of the purchased Product, directly or through couriers identified from time to time by the Seller and who shall act under the responsibility of the Seller. In case of purchase of more than one Product from different Sellers, it is possible that the delivery of the Products will be made by different shipments and at different times and in different ways and that each shipment will have an independent cost.

The Seller is not obliged to ship the Products until it has received the Order Confirmation through the Online Shop; once the Payment of the Price has been received, the Seller undertakes to ship the Products:

(i) in the case of Products available within 3 working days from the moment the Seller has received the information of successful Payment;

(ii) in the case of available Products that have become unavailable, within 3 working days from the moment said Product/s are again available at the Seller's warehouses, without prejudice to the Consumer's right to withdraw the Order pursuant to art. 4;

(iii) in the case of Products "on demand", within 3 working days from the moment such Product/s are available at the Seller's warehouses;

(iv) in the case of "customised" Products, within 3 working days from the moment the same are available at the Seller's warehouses;

(v) in the event that the availability of one or more Products is not indicated and the Products are available at the time the Order is sent by the Consumer within 3 working days from the time the information of successful Payment is made available to the Seller in the event of Payment by means other than credit card.

(vi) in the event that the availability of one or more Products is not indicated and the Products are not available at the time the Order is sent by the Consumers, within 3 working days from the time the Products are available at the Seller's warehouses.

The Sellers guarantee the shipment of the Products, in the countries indicated in the Marketplace, by postal service or express couriers selected from time to time depending on the Product ordered and the place of destination. The Products are shipped by the individual Seller and delivered by the courier selected by the Seller to the address indicated by the Consumer at the time of registration or to a different address indicated at the time the Order is placed.

Each Seller indicates in its own Shop the delivery time for the Product. From the moment the Product is ready, the Seller ensures that

– within 3 working days the Product shall be shipped;

– the Product shall be delivered to the Consumer by traceable shipment within the term indicated in the Shop. Such delivery terms cannot, in any case, be deemed binding and neither the Sellers nor My Italian Product shall be held liable in any way for failure to comply with them, as they cannot directly control the delivery of the Products following their shipment. 

Consumers may track the status of their Orders through the Order Number generated by My Italian Product by entering it in the "My Orders" section - accessible from their Account.

In any case, Consumers can also check the status of the Orders through the online "Order Tracking" function provided by the courier chosen by the Seller for the delivery. Such verification can only be carried out by the Consumers after the Products have been shipped and using the tracking data communicated by the courier or the Order Number.

The Consumers, or other persons appointed by the Consumers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that:

(i) the Products correspond to what is indicated in the courier's transport document (DDT), both in number and type;

(ii) the packaging/packaging of the Products is intact, not damaged, not wet or in any way altered, including the sealing materials.

Upon delivery of the Products, Consumers shall also receive the invoice, if any, requested at the time the Order is sent or, in any case, a suitable sales document.

Any damage to the packaging of the Products must be immediately contested by the Consumers by placing a written control reservation on the courier's proof of delivery. It is understood that if the courier's document is signed without any dispute, the Consumers may no longer raise any objection with reference to the external characteristics of what has been delivered.

If the Consumer does not receive the Product or if the Product has been damaged during transport or presents flaws and/or discrepancies with respect to the images and descriptions provided by the Seller, the Consumer may withdraw from the Contract and obtain a refund of the amount paid under the terms and conditions set forth in Article 8 below.

The Products may be delivered by couriers only to Consumers or to persons authorised by them; the person to whom the Products are delivered must affix a signature to certify delivery. Couriers do not deliver to post office boxes or by placing the Products in letter boxes or other similar places.

In the event that the Product is not delivered to the Consumer, the Consumer must contact the Seller.

8. RIGHT OF WITHDRAWAL

The Consumer has the right to withdraw from any Order, without giving any reason and with any declaration, provided it is explicit, delivered in writing to the Seller. The cost of the return shipment shall be borne by the Consumer.

If the Consumer intends to return the Products purchased and the Seller has offered free return shipping, the Consumer may use the return label received with the Order or may print a new one through his personal page accessible from the Marketplace. If the Consumer does not have access to a printer, if he has problems downloading the return label or if he needs a new label, he can contact Customer Service and request one. Please always use the provided return label to avoid unnecessary additional costs.

If the Consumer expresses his wish to withdraw from the Contract entered into with the Seller before the Seller has entrusted the Product to the selected carrier, the Seller shall cancel the Order and proceed to refund the Price in full.

In any event, the Consumer has the right to withdraw from the Contract, without giving any reasons, within 14 days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires possession of the Product ordered, made without prejudice to the possibility for Sellers to provide in their withdrawal policies for more extended withdrawal periods for the benefit of the Consumer. In the event of a Contract relating to multiple Products ordered by the Consumer in a single Order from a single Seller and delivered separately, the 14-day period starts from the day in which the Consumer or a third party, other than the carrier designated by the latter, acquires physical possession of the last Product, without prejudice to the possibility for the Sellers to provide in their own withdrawal policies for more extended withdrawal terms for the benefit of the Consumer.

The right of withdrawal is excluded in the event that the Contract has been concluded for the purchase of customised Products, Products that are liable to deteriorate or expire rapidly, sealed Products that are not suitable for return for hygienic or health protection reasons and have been opened after delivery, as well as all those Products indicated in art. 59 of the Italian Consumer Code.

In this case, My Italian Product shall send an acknowledgement of receipt of the withdrawal by e-mail.

9. EFFECTS OF WITHDRAWAL

Following withdrawal from the Contract, the Seller shall refund the Payment made by the Consumer, except for the costs of redelivery which shall be borne by the Consumer, without undue delay and in any event no later than 14 days from the day on which it is informed by the Consumer of the decision to exercise the right of withdrawal. Such refunds shall be made using the same Payment instrument used by the Consumer at the time of purchase, unless otherwise agreed. In any event, the Consumer shall not incur any costs as a consequence of such refund except for costs associated with the return of the Products (where applicable).

Reimbursement may be suspended until Seller's receipt of the returned Products or until Consumer's proof of shipment of such Products, whichever is earlier.

The Consumer shall return or deliver the Products without undue delay and in any event within 14 days of the day on which he or she communicated his or her desire to withdraw from the Contract.

The Products must be returned:

• properly packaged in their original packaging, not ruined, damaged or soiled and equipped with all accessories, instructions for use and documentation, if any;
• equipped with the transport document (present in the original packaging), so as to allow the Seller to identify the Consumer (Order number, first name, last name and address);
• without manifest signs of use, other than those compatible with carrying out a normal test of the Product (they must not bear traces of prolonged use or in any case exceeding the time necessary for a test and must not be in such a state as not to permit resale).

Where the returned Product does not comply with the requirements of the preceding paragraph, the withdrawal will not be effective.

Unless Seller's policies provide otherwise, the costs and risks associated with the return of Products shall be borne by the Consumer. The Consumer is responsible for any diminution in the value of the goods resulting from handling the Products other than what is necessary to establish the nature, characteristics, and operation of the Products. It is suggested that the Consumer choose a secure and reliable shipping service as neither My Italian Product nor Sellers will be responsible for issues arising from the shipment of Products.

10. PRODUCT DEFECTS/DIFFORMITIES

If the Consumer receives a Defective Product, the Consumer may report the defects within 2 months of receipt of the Product by providing appropriate documentation to Seller.

In such case, the Consumer shall have, alternatively and at its own option and at Seller's expense, the right to:

• Obtain replacement of the Product;
• Obtain repair of the Product (where possible).

The Consumer may request a reduction in the Price or termination of the Contract if repair is impossible or unduly burdensome or is not possible in a short time or would cause undue inconvenience to the Consumer.

Upon receipt of such request, the Seller shall promptly take action to comply with it.

The Seller of the Products shall be the party liable for any damage caused by defects in the Products.

Consumers are entitled to the consumer rights set forth in Article 130 of Legislative Decree 206/05; these rights must be exercised within the terms set forth in Article 132 of the same Legislative Decree 206/05. 

In the event of a dispute concerning the loss or damage of a Product during transport, the information provided by the courier shall be deemed accurate, unless evidence to the contrary is provided by the Consumer.

11. PRIVACY

My Italian Product represents and warrants that Consumers personal data will be processed in accordance with the provisions of. EU Reg. No. 679/2016 ("GDPR"), in accordance with the privacy policy provided to Consumers at the time of profile registration.

12. ERRORS AND/OR INACCURACIES IN THE MARKETPLACE

My Italian Product strives to constantly check the Marketplace in order to avoid errors or inaccuracies. However, it is possible that the Marketplace contains, or may over time contains, errors, inaccuracies or omissions.

My Italian Product therefore reserves the right to correct errors, inaccuracies or omissions contained in the Marketplace even after an Order has been placed and likewise reserves the right to change or update information at any time without prior notice to Consumers.

My Italian Product shall not be liable for any damages suffered by Consumers due to events unforeseeable and beyond its control, such as but not limited to: unreachability of the service, software viruses, damaged files, errors, omissions, service interruptions, deletion of progress at the time of placing an Order, problems due to network, providers or telephone or telematic connections, alteration of data, failure or malfunction of the Consumer's electronic equipment, loss or theft of data.

13. INTELLECTUAL PROPERTY

All intellectual property rights on the Marketplace are the exclusive property of My Italian Product; all intellectual property rights on the contents describing the Products are made available by the Sellers who guarantee their ownership.

The Marketplace and its contents may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, linked and used for any purpose without the prior written consent of My Italian Product and/or the Sellers.

14. OTHER

My Italian Product, as a service provider, has no contractual obligation to carry out checks on the contents and Products placed on the Marketplace by the Sellers and, within the limits permitted by the applicable law, can in no case be held responsible for the truthfulness of the data and of the information entered by the Sellers in their Shop as well as it cannot be held responsible for any damage or loss suffered by the Consumers or by the Sellers in relation to such contents and Products. In compliance with the legal obligations imposed on it, My Italian Product will remove from the Marketplace any illicit Product and/or content that has been duly reported to it in an adequately detailed and clear manner by sending an email to [email protected].

In case of notification, My Italian Product reserves the right to immediately suspend, without notice, the Account of the Seller and/or the Consumer (including any transactions in progress) and to remove the content and/or the Product in question.

My Italian Product is not responsible for any tax or reporting liabilities that may arise for Consumers and Sellers from the activities carried out within the Marketplace.

Consumer complaints can be sent via [email protected].

15. INTERACTION AND MESSAGES ON THE MARKETPLACE.

In the Marketplace there are specific spaces dedicated to the interaction between Sellers and Consumers.

Consumers can ask questions, leave feedback, comments and ratings on the Sellers and the Products they sell. Consumers will also be able to insert reviews once they have purchased a Product, assuming all responsibility towards the Sellers and third parties and exempting My Italian Product for this purpose.

Consumers will be able to communicate with Sellers exclusively through the appropriate Chat.

16. APPLICABLE LAW

The General Conditions and the Contracts are governed by Italian law (and in particular by Legislative Decree 206 of 09/06/2005 - which in articles 46 to 67 regulates remote contracts - and by Legislative Decree 70 of 04/09/2003 relating to electronic commerce) and must be interpreted in the light of this.

For any controversy that may arise in connection with the General Conditions and/or the Contracts, the court in which the Consumer has his habitual residence will be competent. Furthermore, Consumers will be able to activate an out-of-court dispute resolution procedure that complies with the requirements of articles 141 et seq. of Legislative Decree 206 of 06/09/2005. In the event that the Consumer activates the aforementioned procedure, My Italian Product guarantees its participation in an attempt at an amicable settlement.

A European platform for the online resolution of consumer disputes (so-called ODR platform) has been set up. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/

17. CONTACTS

For further information and assistance on the Marketplace or on how to purchase on the Marketplace or on the Contracts, Consumers can contact My Italian Product through the Service Clients through: [email protected]. Through Customer Service, Consumers can also notify My Italian Product of any communications/disputes relating to the Products sold by the Sellers.