Terms and Conditions of Sale

Terms and Conditions of Sale

• 1. INTRODUCTION

1.1. These General Conditions of Sale (hereinafter only "General Conditions") regulate the purchase, via the internet, of the products presented (the "Products") on the website www .sottotettogroup.com (“Sottotetto”), managed by the company Maison 40 S.r.l.s., in the person of the L.r.p.t., with registered office in Via Chieti (CH), Via Ugo Frasca Modulo 2 Lett L M, Intracommunity VAT number: IT 02612100699 For any information regarding orders, shipments and, more generally, purchases, you can contact the following contact details:

1.2. All information and communications are provided "without obligation" or "subject to confirmation", meaning that the offer is not valid as a contractual proposal but as a mere invitation to propose.

1.3. These General Conditions constitute an integral and essential part of the purchase contract of any Product and, the submission of an Order (as defined in Point 2, Section 2.1 et seq.), entails its acceptance by the Customer.

1.4. By placing the order on the site, the Customer declares to have read the sheet of the product or products covered by the order, these General Conditions of Sale, the proposed payment methods and all the requirements relating to the online purchase procedure . With express reference to the articles. 48 and 49 of Legislative Decree no. 21/2014, the Customer will receive via email all the information necessary to identify the seller which the Customer must keep together with the contract acceptance email.

• 2. GENERAL CONDITIONS

2.1. By clicking on "Confirm Order", the Customer will formulate a contractual proposal to Maison 40 S.r.l.s. pursuant to the articles. 1326 and 1329 of the Civil Code, concerning the items contained in the cart (the "Order"). Without prejudice to the right of withdrawal referred to in the following Point 5, the proposing Customer undertakes to keep the order firm, pursuant to art. 1329 of the Civil Code, for 10 (ten) Working Days from the moment of dispatch, if the ordered item is marked as "available". In the remaining cases, the order will be irrevocable, always pursuant to the art. 1329 of the Italian Civil Code, for 15 (fifteen) working days.

2.2. The correct receipt of the order is confirmed by Maison 40 S.r.l.s., through a response via e-mail, sent to the e-mail address communicated by the Customer. The response is automatically generated by the system and cannot in itself be considered acceptance of the order, but only confirmation of receipt of the same. This confirmation message will contain the Date and Time of receipt of the order and a 'Customer Order Number', to be used in any further communication with Maison 40 S.r.l.s. The message presents all the data entered by the Customer, who undertakes to verify its correctness and promptly communicate any corrections, according to the methods described in this document. The Customer will also be able to check the status of his order by accessing the web area dedicated to him. To access the dedicated area, the Customer must log in from the site and then choose the "My orders" option.

2.3. With the receipt by the Customer of the explicit confirmation, in written form, of acceptance of the order sent by Maison 40 S.r.l.s., or in the absence of such confirmation, with the delivery of the items covered by the order, a binding contract must be considered stipulated between Maison 40 S.r.l.s. and the Customer.

2.4. The Customer can only purchase the products present in the electronic catalog of the site at the time of placing the order and viewable at www.sottotettogroup.com, as described in the relevant information sheets.

2.5. The wording "available" associated with the product displayed is purely indicative, given the possibility of multiple purchases at the same time by multiple users. For this reason, Maison 40 S.r.l.s. reserves the right, once the order and the related payment confirmation from the Customer have been received, to verify the actual availability of the product and confirm the order, or the right to refuse the Customer's purchase proposal in the case of product de facto unavailable, without any obligation on the part of Maison 40 S.r.l.s. towards the Customer, other than to promptly communicate non-acceptance of the order and to return any sum paid.

2.6. No contractual and/or non-contractual liability for direct or indirect damage to people and/or things can be attributed to Maison 40 S.r.l.s. for non-acceptance, even partial, of an order.

2.7. Maison 40 S.r.l.s. reserves the right to change prices at any time, without notice, as this is not a contractual proposal but a mere invitation to propose, unless the Customer's order has been confirmed by Maison 40 S.r.l.s. pursuant to Point 2, Section 2.3 of this Agreement. In this case, the price can no longer be changed. Furthermore, in the event of a price change after the Customer has sent the order and before confirmation by Maison 40 S.r.l.s. this will promptly communicate, via email, any new price to the Customer, who can accept the change or reject it and renounce the order, in the latter case without incurring any costs and with a refund of any deposit paid.

Acceptance of the modification must be communicated to Maison 40 S.r.l.s. via email within 10 working days of communication thereof, otherwise, once this deadline has elapsed without sending any confirmation from the Customer, the modification will be considered tacitly rejected and the order will be considered cancelled.

2.8. Since the site publishes a considerable number of products, it is always possible that, despite the best attention on the part of Maison 40 S.r.l.s., some of the products published in the online catalog have an inaccurate price. If the price of the product published on the site is lower than the actual price, Maison 40 S.r.l.s. - since it is not a contractual proposal but a mere invitation to propose - at its sole discretion, may alternatively contact the Customer before confirming the order, to have consent to receive the goods at the highest actual price, or expressly reject the order. Maison 40 S.r.l.s. is, however, not obliged to follow up on a purchase order for a product at an (incorrect) price lower than the actual one. In this case, therefore, nothing will be owed by Maison 40 S.r.l.s. to the Customer.

2.9. On certain products, subject to temporary price promotions, Maison 40 S.r.l.s. reserves the right to accept orders by reducing the quantities, subject to communication and acceptance by the Customer, failing which the entire order will be considered cancelled, without any obligation on the part of Maison 40 S.r.l.s. towards the Customer and without the latter having to bear any costs. The promotional prices are always valid while stocks last.

2.10. In the event that the Customer were to return the purchased products, he/she will have to arrange for them to be shipped exclusively to the registered and operational headquarters of the company Maison 40 S.r.l.s. in Chieti (CH), Via Ugo Frasca Form 2 Lett L M.

3. PRICES AND PAYMENT METHODS

3.1 The prices indicated on the site are to be considered inclusive of taxes and VAT. Any shipping costs or payment costs are in any case communicated in advance to the Customer through the site or these Conditions.

3.2 The following payment methods are available:

a) PayPal. For payment, the customer can use the Paypal circuit according to its specific methods.

b) Credit card. In cases of purchase of goods with credit card payment method, the transaction can take place through the secure Paypal server or another secure server chosen by Maison 40 S.r.l.s. Under no circumstances and at any stage of payment will Maison 40 S.r.l.s. will be able to know the information relating to the Customer's credit card, transmitted via a secure connection directly to the website of the banking institution that manages the transaction. No computer archive of Maison 40 S.r.l.s. will retain such data and therefore under no circumstances will Maison 40 S.r.l.s. may be held responsible for any fraudulent or improper use of credit cards by third parties at the time of payment.

c) Bank transfer. In case of purchase by bank transfer, the bank details for payment will be displayed. The goods will be shipped only upon actual receipt of payment in the bank.

d) Cash on delivery (only for Italy). In case of cash on delivery, payment must be made exclusively with cash upon delivery of the purchased products. Cash on delivery involves an additional cost of €5.00 to be paid by the Customer for collection costs.

“In order to offer you Klarna payment methods, At checkout we may pass your personal data to Klarna in the form of contact details and order details so that Klarna can assess your suitability for its payment methods and personalize those payment methods. The transferred user personal data is processed in line with Klarna's privacy policy.”

The Customer must also request Maison 40 S.r.l.s., where desired, to issue a tax invoice relating to the purchase, pursuant to art. 22 Presidential Decree n. 633/1972 providing the relevant data.

4. DELIVERY OF THE PRODUCTS AND RELATED COSTS

4.1 The purchased products will be delivered to the address indicated by the Customer in the Order within 5-7 days of payment being credited, at a cost of €8.00 for purchases up to €199.00, free for purchases equal to or greater than € 200.00. Delivery times abroad are 10-15 working days, with costs indicated on the site at the time of ordering.

In any case, for deliveries to be carried out outside Italian borders, shipping costs and delivery times may vary.

4.2 With regards to deliveries requested in countries not belonging to the European Union, any import customs costs will be borne by the recipient. The Customer is therefore invited to contact the customs authorities of their country in advance to verify the costs and any import limits.

4.3 The delivery times indicated by Maison 40 S.r.l.s. must be considered as purely indicative and a delay with respect to the same, or any delivery made with subsequent split shipments does not entitle the Customer to refuse the delivery itself and to request compensation or compensation.

4.4 Upon delivery of the products, the Customer is required to check:

– the number of packages delivered corresponds to what is indicated in the transport document;

– the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials (adhesive tape or metal straps).

Any damage to the packaging and/or to the product or the mismatch in the number of packages or indications must be immediately detected by placing a specific indication on the delivery document of the product to be returned to the courier.

Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 5 days of delivery, according to the methods set out in this document.

5. WITHDRAWAL

Pursuant to art. 52 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, the customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty. On this point, please refer to the specific section of the site dedicated to the specific regulation.

6. WARRANTIES

6.1 All products sold by Maison 40 S.r.l.s. are covered by the legal guarantee referred to in the Legislative Decree. n. 206/2005. To benefit from warranty assistance, the Customer must keep the invoice, or the payment receipt, together with the transport document.

6.2 The warranty for defects of conformity will apply provided that the relevant product has been used correctly, in compliance with its intended use and as provided in the use and washing instructions present in and/or with the product.

6.3 In the event that, for any reason, Maison 40 S.r.l.s. was not able to return a product under warranty to the Customer (restored or replaced), or if the repair or replacement were excessively expensive, also due to the value of the product, Maison 40 S.r.l.s. will be able to proceed with the appropriate reduction of the price paid, or with the refund of the entire amount paid with termination of the contract.

6.4 In cases where the application of the guarantees requires the return of the product, the same must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment).

7. COMPLAINTS AND REQUEST FOR INFORMATION

7.1 Any complaints or requests for information may be addressed to Maison 40 S.r.l.s. at the following numbers: tel. 0871 540713   email info@maison40.it  pec maison40@pec.it

8. PRIVACY

8.1 The personal data collected when placing the Order will be processed by Maison 40 S.r.l.s. for the sole purpose of satisfying the express requests of the Customer, in compliance with European Regulation 679/2016 and the privacy information on the site. Any further processing will be carried out only with the express consent of the Customer. On this point, please refer to the specific section of the site dedicated to the specific regulation.

9. APPLICABLE LAW

9.1 The sales contract referred to in these Conditions and its execution is governed by Italian sector law. For the resolution of the related disputes, the Court of the municipality of residence of the Customer, if consumer, will be competent.

Right of Withdrawal

Pursuant to art. 52 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, the customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty. The specific regulation proposed therein in the following Sections 1, 2, 3 and 4 complies with the provisions contained in the Consumer Code.

1. MODALITIES and TERMS

In order to exercise the right of withdrawal, the Customer must send Maison 40 S.r.l.s., via email (sottotettogroup@gmail.com either info@maison40.it) or PEC (maison40@pec.it), or registered letter (to the address of the registered office) a formal and explicit declaration of withdrawal from the contract, specifying the relevant order number, no later than 14 days from the date of receipt of the goods by the same or by a designated third party.

2. PROCEDURE for RETURNING GOODS

Having received the communication from the Customer, Maison 40 S.r.l.s. will send by e-mail to the same notice of acknowledgment of the exercised withdrawal and relative authorization to return the goods. The Customer, therefore, must return, by post or express courier, to the company Maison 40 S.r.l.s. (at the address indicated in the order form) the goods in their original packaging within 14 days from the date on which you communicated your decision to withdraw from the contract.

The purchased good must be returned intact, in the original packaging, complete with all its component parts (including packaging, documentation and accessories).

It will be the responsibility of the company Maison 40 S.r.l.s. organize the collection of the goods from the customer on behalf of the customer, charging the relevant shipping costs and the cost of the service is €16.00.

In case of damage to the goods during transport, Maison 40 S.r.l.s. will notify the Customer of the incident (within 5 working days of receipt of the goods at its premises), to allow him to promptly file a complaint against the courier he has chosen and obtain a refund of the value of the goods (if insured); in this case, the product will be made available to the Customer for its return, with simultaneous cancellation of the withdrawal request.

Maison 40 S.r.l.s. is not responsible in any way for damage or theft/loss of goods sent for return.

3. REIMBURSEMENT

In the case of legitimate and regular exercise of the right of withdrawal by the Customer, Maison 40 S.r.l.s. will refund the Customer the entire amount already paid, net of any additional shipping costs pursuant to art. 56, paragraph 2, of Legislative Decree no. 21/2014), within 14 (fourteen) days of withdrawal, through a cancellation procedure of the debited amount, using the same payment method used by the Customer for the initial transaction, unless otherwise agreed. In any case, the Customer will not bear any costs as a consequence of said reimbursement. Maison 40 S.r.l.s. may suspend the refund until the returned product is received or until the Customer demonstrates that he has correctly sent the product back, whichever is earlier.

In cases of exclusion of the right of withdrawal or in the event that this is requested by not respecting the methods set out in points 1 and 2, Maison 40 S.r.l.s. will return the purchased Products to the Customer, charging the shipping costs to the Customer.

4. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal is excluded or does not apply:

4.1. when it is relevant to a part of the purchased product (e.g. accessories, complements, etc.);

4.2. the good shows signs of use, if not those compatible with carrying out a normal test of the item;

4.2. for the supply of tailor-made or clearly personalized goods;

4.3. for the supply of goods which are likely to deteriorate or expire rapidly;

4.4. for the supply of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery;

4.5. for contracts concluded with Professional clients.

In any case, the Customer will lose the right of withdrawal in cases where Maison 40 S.r.l.s. make sure that:

the returned product shows obvious signs of use, dirt or odors; the returned product and/or its accessories, and/or its packaging are not intact; the product is missing its external packaging and/or the original internal packaging; the product is missing integral elements and/or accessories (e.g. closures, laces, buckles, etc.). In the event of failure to recognize the right of withdrawal due to the absence of the legal requirements, Maison 40 S.r.l.s. will return the purchased product to the sender, charging the shipping costs and, if already refunded, the price of the product.