Terms and Conditions - Non-Consumer

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 (as defined by Article 3 of the Consumer Code) who has created an Account in the Marketplace and has accepted these General Conditions in order to purchase one or more Products through the Marketplace.

Customer: means the adult non-consumer who has created an Account in the Marketplace and 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.

Services: indicates all the services that are offered through the Marketplace.

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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.

This telematic contract concerns the supply by My Italian Product of the Service which allows the Sellers to insert the Products in their Shop in order to sell them to Customers and/or Consumers through the Marketplace.

The Sellers are present on the Marketplace as producers by virtue of separate agreements with My Italian Product and each Seller independently manages its own Shop. My Italian Product does not sell or buy the Products shown in the Marketplace and is not part of the Contracts concluded through the Marketplace and is not responsible for any delays and/or problems with shipments.

My Italian Product reserves the right to modify the General Conditions at any time, it being understood that those published in the Marketplace at the time the Orders are sent by the Customers will be considered applicable to the Contracts.

In the event of a conflict between the General Conditions and any other terms and conditions relating to the Contracts published on the Marketplace, the most favorable terms and conditions for Customers will apply.

3. CONCLUSION OF CONTRACTS.

In order to proceed with sending the Orders, Customers must create an Account by registering on the Marketplace, entering all the Mandatory Information (such as name, email address, VAT number if you purchase in the exercise of your business or tax code where it acts for private purposes, ...) and choosing a password to send the Orders and to access, even at a later time, your Account. By creating the Account, the Customer accepts these General Conditions.

Customers can purchase the Products by selecting them in the Marketplace section dedicated to the type of Product they are looking for and placing them in the "cart". If the Products that the Customers intend to purchase are more than one, the same procedure above must be repeated by clicking on "add other products".

Once the choice of Products has been completed, the Customers, if they have not already done so, must proceed with 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 checkout ”.

Having verified the correctness of the data relating to the chosen Product/s and the "shipping information", the Customers must choose the method of Payment pursuant to art. 6. Choosing the method of Payment, Customers can proceed with sending the Orders by clicking on "send".

Once the Order has been sent, My Italian Product:

– undertakes to send the Order Confirmation made by the Customer by e-mail within 2 working days of receiving the Product Orders from the Customers;

– will generate an Order number which, inserted in the “My orders” section – accessible from all pages of the OnLine Shop – allows you to check all the information relating to the Orders and allows Customers to follow the status of the Orders.

The Contracts are considered concluded when the Customers receive the Order Confirmation. If the Customers do not receive the Order Confirmation within the aforementioned term, the relevant Order shall be considered rejected and, therefore, ineffective.

By sending the Orders, the Customers declare that they have read all the instructions relating to the methods of purchasing the Products referred to in these General Conditions and that they have accepted them in full as well as that they have read all the additional information contained on 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 Customer and the Seller acknowledge that the completion of the checkout process by the Customer creates a legally binding agreement between the Customer and the Seller based on (i) the description and photographs of the Product, (ii) the conditions agreed between the Customer and the Seller according to the commercial policies indicated by the latter in its Shop and (iii) the relevant conditions included in these General Conditions.

The Customer undertakes to pay for the Product and the Seller undertakes to transfer 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 on the Marketplace, each Seller indicates the relative return and withdrawal policy adopted by it, as well as the terms foreseen for the production, shipment and delivery of each Product. The Seller is free to apply the policy it deems most appropriate to the Product sold.

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 implying any liability for My Italian Product towards Customers.

The indication relating to the availability of the Products is not binding, it being understood that the Products indicated as "not available" cannot be ordered by the Customers.

In the event of unavailability of a Product indicated as available at the time the Order is sent by a Customer, the Sellers undertake to inform the Customer via the Chat of the indicative times foreseen for a new availability of the Product(s) object of the Order sent by the Customer. If the Product is definitively unavailable, the Seller will be required to fully refund the Price paid by the Customer for the unavailable Product. In any case, the Customer can withdraw the Order within 48 hours of receiving this communication – without prejudice to the right of withdrawal pursuant to art. 8 communicating it to the Seller. In this case the Seller undertakes to refund the price paid for the purchase of the product in the shortest possible time.

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

If in correspondence with a Product there is the indication "customizable" it means that this Product can be modified/adapted/customized according to the specific requests of the Customers. In this case, Customers must specify their requests in the space provided when placing the Orders. After sending the Order Confirmation, the Seller undertakes to communicate to the Customers, via the Chat, the deadline for the shipment of the customized Product. While the Seller undertakes to do everything in his power to ensure compliance with this deadline, the same is to be understood as merely indicative and does not imply any obligation either for the Seller or 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 sent by the Customers and is identified by the Seller at its 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 shipping costs which the Seller may reserve the right to request from Customers and which may vary according to the type of delivery, the quantity of Products to be delivered, their volume, their weight and their destination.

The contribution requested by the Seller for shipping costs is indicated, separately from the Price, before the Order is sent by the Customers and will be paid by the Customers together and at the same time as the Payment of the Price according to the methods set forth in art. 7.

Any taxes, duties, and other charges established by the laws of the State where the Products are shipped and delivered will be entirely borne by the Customers and paid by them upon delivery of the Products, directly to the competent tax or customs authorities or to the courier in charge of the delivery.

6. PAYMENT METHOD.

Customers can pay the price and the contribution for shipping costs pursuant to art. 5 through PayPal, Stripe or other means of payment which may be indicated by My Italian Product in the Marketplace. My Italian Product reserves the right to vary, at any time, the means of Payment that can be used by Customers, it being understood that those published in the Marketplace will be considered usable at the time the Orders are sent by Customers.

In the case of Payment via PayPal, at the time the Orders are sent by the Customers, the Web session will be transferred to the secure PayPal website. On this website, Customers can complete the Payment of the Price and the contribution for the shipping costs pursuant to art. 5 using their PayPal account and according to the conditions of use of the PayPal service signed by the Customers at that time or previously. The debit of the Price and of the contribution for the shipping costs pursuant to art. 5 on the Customer's PayPal account takes place at the same time as 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.

If requested by the Customers at the same time as the Orders are sent, the Seller will send the Customers a regular invoice. For the purpose of issuing the invoice, the information provided by the Customers shall prevail. No variation of the invoice will be possible after its issue.

The information received from My Italian Product pursuant to this article 7 will be used exclusively to complete the procedures relating to the sale of the Products and for the reimbursement procedures in the event of exercising the right of withdrawal pursuant to art. 8 by customers.

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 required to ship the Products until he has received the Order Confirmation; once the Payment of the Price has been received, the Seller undertakes to ship the Products within the terms indicated at the time of the Order Confirmation. This indication is not binding for the Seller but:

(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 which have become unavailable, within 3 working days from the moment in which such Product or such Products are available again at the Seller's warehouses, without prejudice to the Customer's right to collect 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 Customers within 3 working days from the time the information was made available to the Seller of successful payment in case 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 Customers, within 3 working days from the moment the Products are available in the warehouses of the Seller.

The Sellers guarantee the shipment of the Products, in the states indicated in the Marketplace, by priority postal service or express couriers selected from time to time according to the Product object of the Order 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 Customers at the time of registration or to a different address indicated at the time the Order is sent.

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 must be delivered to the Customer by traceable shipment within the deadline indicated in the Shop.

These delivery terms cannot, in any case, be considered binding and neither the Sellers nor My Italian Product can be held responsible in any way for their non-compliance, as they cannot directly control the deliveries of the Products after their shipment. 

Customers will be able to follow the status of their Orders using the Order Number generated by My Italian Product by entering it in the "My Orders" section - accessible from their Account.

In any case, Customers can also check the status of the Orders thanks to the online "Order Tracking" function provided by the courier chosen by the Seller for delivery. This verification can be carried out by the Customers only after the shipment of the Products and using the tracking data communicated by the courier or the Order Number.

Customers, or other persons appointed by Customers 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, Customers will also receive any invoice requested at the time of placing the Order or, in any case, a suitable sales document.

Any damage to the packaging/packaging of the Products must be immediately contested by the Customers by affixing a written control reserve on the courier's proof of delivery. It is understood that, where the courier's document is signed without any objection, the Customers can no longer raise any objection with reference to the external characteristics of what was delivered.

If the Customer does not receive the Product or if the Product has been damaged during transport or presents defects and/or discrepancies with respect to the images and descriptions provided by the Seller, the Customer may withdraw from the Contract and obtain a refund of the amount paid within the terms and conditions referred to in the following art. 8.

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

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

8. RIGHT OF WITHDRAWAL

The Customer's right of withdrawal is governed by the withdrawal policy adopted by each Seller and which must be read and accepted by the Customer at the time of purchase of the Product.

Where the withdrawal policy adopted by the Seller provides for the Customer's right to withdraw from the Order, the Customer must communicate his wish to withdraw in the manner and within the timescales established by the Seller. If the Customer expresses his wish to withdraw from the Contract stipulated with the Seller before the Seller has entrusted the Product to the selected courier, the Seller will cancel the Order and proceed with the full refund of the Price.

In other cases, the Customer may return the purchased Products and obtain a refund only if this is provided for by the withdrawal policies adopted by the Seller of the purchased Product and read and accepted by the Customer at the time of purchase. Where the withdrawal policies adopted by the Seller of the Product provide for this possibility, the Customer can use the return label received together with the Order or can print a new one via his personal page accessible from the Marketplace. If the Customer does not have access to a printer, if he encounters problems downloading the return label or if he needs a new label, he can contact Customer Service and request one. Please always use the return label provided to avoid unnecessary additional costs.

9. EFFECTS OF WITHDRAWAL

Where foreseen, following the withdrawal from the Contract, the Seller will have to take steps to reimburse the Price to the Customer within the timescales provided by the Seller.

Each Seller is free to apply the return policies they prefer; the policies chosen by each Seller will be indicated in the Seller's Shop and the Customer undertakes to read and accept them when purchasing each Product. Therefore, once the withdrawal declaration has been received, the Seller will have to take action to refund the Price and, if requested, replace the Product but the refund of the shipping costs incurred by the Customer for the return of the defective Product is not mandatory for the Seller, in how much depends on the return policies it describes in its Shop.

These refunds will be made using the same Payment instrument used by the Customer during the purchase, unless otherwise established.

The refund may be suspended until the Seller receives the returned Products.

The Customer is required to return or deliver the Products without undue delay and in any case within 14 days from the day on which he communicated his intention 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), in order to allow the Seller to identify the Customer (Order number, name, surname 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.

The costs and risks associated with returning the Products are the responsibility of the Customer. The Customer is responsible for any decrease in the value of the goods resulting from the handling of the Products other than that necessary to establish the nature, characteristics and functioning of the Products themselves. The Customer is advised to choose a safe and reliable shipping service as neither My Italian Product nor the Sellers will be responsible for the problems arising from the shipment of the Products.

10. PRODUCT DEFECTS/DIFFORMITIES

If the Customer receives a Defective Product, he may report the defect within 8 days of receipt of the Product and will alternatively have the right to request from the Seller:

• the termination of the Contract, expressing one's willingness to withdraw in accordance with the provisions of the previous art. 8, exhibiting the relative photographic proof of the damages/defects/non-conformities and returning the Product in accordance with the return policy adopted by the Seller and read and accepted by the Customer at the time of purchase of the Product;
• the price reduction.

Where the Seller does not agree on the defects/damages/non-conformities of the delivered Product, the Seller and the Customer undertake to negotiate a suitable solution jointly and in good faith. Where, on the other hand, some Products are missing from what was ordered by the Customer, the latter must promptly notify the Manufacturer who will be required to supply the missing Products at his own expense. If there are any excesses with respect to the quantities of Product ordered, the Customer will be required to inform the Seller.

The Sellers are responsible for any defects/damages/non-conformities of the Products. Therefore, the manufacturer of the Products is responsible for any damage caused by defects in the Products themselves.

In the event of a dispute relating to the loss or damage of a Product during transport, the information provided by the carrier will be considered accurate, unless proof to the contrary is provided by the Customer.

11. PRIVACY

My Italian Product declares and guarantees that the Customers' personal data will be processed in accordance with the provisions of a. EU Reg. no. 679/2016 ("GDPR"), according to the provisions of the privacy information provided to customers 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 sent and also reserves the right to change or update information at any time without prior notice to Customers.

My Italian Product is not responsible for any damages suffered by Customers due to unpredictable and controllable events, such as, but not limited to: unattainability of the service, software viruses, damaged files, errors, omissions, service interruptions, cancellation of progress at the time of placing an Order, problems due to the network, providers or telephone or telematic connections, alteration of data, failure or malfunction of the Customer'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 inserted by the Sellers in their Shop as well as it cannot be held responsible for any damage or loss suffered by the Customers 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 Customer (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 Customers and Sellers from the activities carried out within the Marketplace.

Customer complaints can be sent via the Chat with the Seller, if they concern issues relating to the Product (faults and defects) or by email to the address [email protected] if of a general nature or concerning an incorrect behavior of the Seller.

15. INTERACTION AND MESSAGES ON THE MARKETPLACE.

In the Marketplace there are special spaces dedicated to the interaction between Sellers and Customers.

Customers can ask questions, leave feedback, comments and ratings on the Sellers and the Products they sell. Customers 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.

Customers will also be able to enter reviews once they have purchased a Product.

Customers 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 of Rome will have exclusive jurisdiction.

17. CONTACTS

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