Online general conditions of sale

Field of application

 

1.1       These General Conditions of Sale are intended to be applied exclusively to all sales of the products displayed via the internet website www.manamant.com as well as on Manamant social profiles, which, once the user has selected the products, redirect users to the site www.manamant.com) (hereinafter the “Products” and the “Website”).

1.2       If the buyer is not a consumer, Articles 5, 6 and 9.3 of these general conditions shall not apply. Warranty conditions shall be governed by articles 1490 et seq. of the Italian Civil Code.

1.3       Consumers, are physical persons who are acting for purposes unrelated to their trade, business, craft or professional activity.

1.4       The Seller is the company ICMA SRL SB with registered office in via Risorgimento 9, 23826 Mandello del Lario (LC); VAT No. IT00206490138 e-mail customercare@manamant.com; telephone +39 0341 731205.

1.5       The Website is in Italian and English language and the sale contract can be concluded in both languages, at the Customer’s choice. The Customer, by accepting the present general conditions, declares that it fully understands the language chosen for the conclusion of the sale contract. 

1.6       These General Conditions of Sale may be printed, downloaded and or stored.

1.7       These General Conditions apply to the exclusion of any other conditions of sale not agreed between the parties.

1.8       ICMA SRL SB reserves the right to change these General Conditions of Sale at any time by publishing a new version on the Website. The general conditions of sale are those applicable on the date the purchase order is sent.

Orders

Purchase procedure and conclusion of contract

2.1       The customer chooses the Products by clicking on their respective images and then it can directly place its orders by filling out the Checkout page and accepting the present General Conditions of Sale, or it can include the chosen Products in the shopping cart and subsequently place the order. Products will remain in the shopping cart for a maximum period of 3 months, it being understood that the customer may, at any time, remove the Products from the cart. Prior to submitting an order the customer is required to verify the accuracy of the information provided and making any necessary amendments, by clicking the “Review order” button. A purchase order is submitted to ICMA s.r.l. when the Customer selects the “Pay now” button on the Checkout page or, if he chooses to pay by PayPal, when, after being redirected to the PayPal website, he has completed the payment. The Customer shall shortly thereafter receive an email acknowledging the receipt of the order.

2.2       The sale contract is deemed concluded as soon as the customer receives the e-mail confirming the order. ICMA SRL SB reserves the right to cancel the order if the Products are not available for reasons beyond its control, if the authorization for payment is refused by the financial institutions.  

Availability of Products

2.3       ICMA SRL SB reserves the right to change the assortment of Products displayed on the Website at any time.

Characteristics of the Products

2.4       ICMA SRL SB has undertaken reasonable efforts to ensure that the images of the Products on the Website are faithful reproductions of the physical products. Despite the adoption of technical solutions to minimise inaccuracies, however, there may be some discrepancies (e.g. colour resolution) between the images and the products due to technical limitations and in particular due to differences in colour rendering by Internet browsing software and/or display screens. ICM SRL SB shall not be liable for any inadequacy of the graphic representation of the Products displayed on the Website arising from such technical limitations.

 

Price/Payment

Price of the Products

3.1       The prices of the Products are indicated in Euro and are inclusive of VAT or other sales taxes that may be applicable. ICMA SRL SB reserves the right to change the prices of the Products displayed on the Website at any time before the beginning of the ordering process. The price of the items in the shopping cart shows the price of the Product at the time it was selected. If the Customer does not place an order immediately after selecting the Product, this price may vary and in this case the Customer will see the change notice when he/she accesses the shopping cart again. The Customer should check the current price of the Product when it accesses the Checkout page.

3.2       The prices shown on the Website do not include the shipping costs which shall be charged to the Customer separately and shall appear during the ordering process.

3.3       The total order price will be shown before Customer selects the “Pay now” button.

3.4       Payment can only be made in euros, in a single payment, at the time of ordering by credit card, PayPal, and/or any possible other methods indicated in the order procedure.

3.5       Promotions and discounts may also be offered by means of Vouchers and within the limits set out, from time to time, in the conditions applicable to the Vouchers. Unless otherwise stated, the following rules apply to Vouchers:  (i) each Voucher is valid only if used in the manner and within the time period specified on the website and/or on the Voucher; (ii) partial use of the Voucher is not permitted but it can be used as part of a single purchase; (iii) Vouchers cannot be combined; (iv) the user is not entitled to any credit/refund/compensation if there is a difference between the value of the Voucher and the value of the Product purchased; (v) the reproduction, counterfeiting and marketing of the Voucher are prohibited.

Delivery

Product delivery methods

4.1       ICMA SRL SB does not deliver to P.O. boxes. Delivery will only be made to persons of legal age. The customer accepts that any person at the delivery address is authorised to take delivery of the Products.

4.2       If the delivery address of the customer is geographically remote or not easily accessible, e.g. islands or remote locations, ICMA SRL SB may not be able to deliver there. In such cases the customer will be promptly informed.

4.3       ICMA SRL SB will use its best endeavours to deliver the Products to the indicated delivery address within a reasonable period of time from the conclusion of the contract of sale as provided by applicable law. The customer will receive an e-mail with the tracking number of the shipment so that it can follow the delivery.

4.4       ICMA SRL SB, by means of the carrier in charge (e.g. UPS), will make one delivery attempt to the address indicated by the customer. If this attempt is unsuccessful, the Products will remain in storage at one of the collection points of the carrier (e.g. UPS Access Point) of the carrier for 10 (working days) at the disposal of the customer. If the customer does not take delivery of the Products within this additional period, ICMA SRL SB may terminate the contract of sale by charging the customer with the delivery costs and claim compensation for further damages, if any.

4.5       In the event that ICMA SRL SB is not able to deliver within the term of 30 (thirty) days from the conclusion of the sales contract, the customer will invite ICMA SRL SB to make the delivery within an additional term appropriate to the circumstances. The customer has the right to terminate the sales agreement if delivery is not made within the above-mentioned additional period, without prejudice to the right to compensation for damages.

4.6       In case of deliveries outside the European Union, the parcel carrying the Products may be opened and inspected by customs authorities and may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. The customer will be responsible for the payment of any such import duties and taxes. Please note that ICMA SRL SB has no control over these charges and cannot calculate in advance their amount. Please contact your local customs office for further information before placing your order. In the event that the customer returns a product from outside the EU, import duties will be refunded if they were originally included in the purchase price. If they were not included, you will be responsible for reclaiming duty directly from your local customs office.

Passing of risks

4.7       The risks of the Product are transferred to the customer upon physical delivery of the Products.

Separate deliveries

4.8       An order for multiple Products may be subject to separate deliveries if not all the Products are available at the time of the order.

 

Right of withdrawal

5.1.      Pursuant to Article 52 of the Italian Consumer Code (Legislative Decree No. 206 of September 6, 2005), the customer who is a consumer has the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 calendar days from the day on which the consumer acquires physical possession of the Products and in case of, separate deliveries, from the day the consumer acquires physical possession of the last Product. If the deadline for exercising the right of withdrawal expires on a Saturday, Sunday or public holiday, it shall be extended until the first working day thereafter.

How to exercise the right of withdrawal

5.2       In order to exercise the right of withdrawal, the consumer must notify ICMA SRL SB, of his decision to withdraw from this contract by means of an express declaration. Such communication can be made on the Site, in the "Make a Return" section, by filling out the relevant form and sending it electronically. ICMA SRL SB will communicate to the consumer an acknowledgement of receipt of such withdrawal on a durable medium (e.g. by e-mail) without delay. The consumer may alternatively submit any other express declaration of withdrawal from this agreement by e-mail (customercare@manamant.com) or otherwise. A model withdrawal form is also provided in Annex 1, which is however not mandatory. In order to comply with the withdrawal period, it is sufficient for the consumer to send his communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

 

Effects of withdrawal: Return of Products

5.3.      The consumer shall send back the products or hand them over to the Seller, without undue delay and in any event not later than 14 calendar days from the day on which the consumer communicates its withdrawal from this contract to ICMA SRL SB. The deadline is met if the consumer sends back the products before the period of 14 calendar days has expired. The consumer will have to bear the direct cost of returning the products.

5.4       The consumer must return the Products in their original condition, in the original protection, packaging and boxes in which they were delivered or, where this is not possible, the Products must still be packaged according to the instructions provided by ICMA SRL SB and/or in such a way as to ensure their integrity. The consumer shall be responsible for any diminished value of the products resulting from the handling other than that necessary to establish the nature, characteristics and functioning of the products. If the item is returned damaged, incomplete, deteriorated, crumpled, dirty and/or in conditions of use not conforming to normal diligence, without prejudice to the right of withdrawal, the consumer will be charged the sum corresponding to the decrease in value of the goods. In such cases, ICMA SRL SB will promptly inform the consumer of the damages and non-conformities found upon receipt of the items. The amount charged to the consumer, which in any case may not exceed the price paid for the Product, will be deducted from the refund due to the consumer.

 

Effects of withdrawal

5.5       If the consumer withdraws from this agreement, ICMA SRL SB will reimburse the consumer for all payments received.  The reimbursement will be made without undue delay and in any event no later than 14 calendar days from the day on which ICMA SRL SB is informed of the consumer's decision to withdraw from this contract. ICMA SRL SB will make such reimbursement using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise; in any case, the consumer will not bear any costs as a result of such reimbursement. ICMA SRL SB may withhold the reimbursement until it has received the return of the products or until the consumer has provided proof that he has returned the products, whichever is the sooner. ICMA is not obliged to reimburse the additional costs if the consumer has chosen, from the different types of delivery offered by ICMA, a more expensive type of delivery than the standard delivery. In this case ICMA will reimburse the difference between the price for the most expensive type of delivery chosen by the consumer and the least expensive type of delivery.

5.6       Unless ICMA SRL SB, after receiving notice of the exercise of the right of withdrawal, has offered to pick up the products itself, the risks of damage to or loss of the products during their return is borne by the consumer.

5.7       Where the sale contract concerns multiple products, the exercise of the right of withdrawal may apply to one or more products purchased.

Conformity of products

6.1    Upon receipt of the products, the customer who is a consumer must check that the Products correspond to the contract of sale, that they are intact and that they conform to the sale contract.

6.2    Any complaint for non-conformity must be communicated to ICMA s.r.l. SB  to the following address:  customercare@manamant.com with a description of the non-conformity.

6.3    All the Products offered for sale on the Website benefit from the legal warranty pursuant to Articles 129 et seq. of the Italian Consumer Code and/or by the applicable law according to Article 9 of these General Conditions of Sale. ICMA s.r.l. SB  is liable for any lack of conformity, which already existed at the time of delivery of the products, that becomes apparent within two years from delivery of the products, or within any longer period if provided by the national applicable law according to Article 9 of these General Conditions of Sale.

6.4    The customer-consumer shall be entitled to have the non-conforming Products restored, free of charge, by means of replacement (repair being an impossible or excessively costly remedy compared to replacement, having regard to the nature of the Products and their value).  In the cases provided by the applicable law, the customer-consumer may choose between either cancelling the purchase or a price reduction. These remedies in the case of delivery of a plurality of Products shall apply only to the non-conforming Product unless the customer-consumer cannot be reasonably expected to keep only the conforming Products.

6.5    ICMA s.r.l. SB  is not responsible for any defects deriving from improper use of the Products.  

Force Majeure

7.1       Neither party will be responsible for any delay or failure to comply with these General Conditions of Sale if the delay or failure arises from any event which is beyond the reasonable control of the party suffering the delay or failure. Such events would include (but are not limited to) for e.g. pandemics, epidemics, fires, floods, earthquakes, natural disasters, wars, acts of terrorism.

Privacy and data protection

8.1       Pursuant to Article 13 of Regulation UE 2016/679 (GDPR), ICMA s.r.l., with registered office in via Risorgimento 9, 23826 Mandello del Lario (LC); VAT No. IT00206490138 e-mail customercare@manamant.com; telephone +39 0341 731205 acts as data controller of the personal data provided by the customer pursuant to this document or those that may be provided subsequently by the customer, who therefore for privacy purposes is defined as "the Data Subject" to the processing of data. The data provided will be used for the purposes of using the Website, confirming the order of the Data Subject and managing the relationship with the Data Subject; the legal basis for the processing is the conclusion and performance of the sales contract. The data shall be collected in a filing system owned by ICMA SRL SB, the purposes of which are the order procedure, the confirmation of the order, the conclusion of the contract and the management of the relationship with the Data Subject through the Website and the performance of the sales contract. Providing personal data for these purposes is not compulsory, however, the refusal to provide the requested data will make it impossible to manage and to carry out the required purchase orders. The e-mail of the Data Subject, who has already purchased ICMA's products and/or services through the Website, may also be used for sending news and offers relating to the products and services offered by ICMA s.r.l., it being understood that the Data Subject may refuse the processing of his e-mail for this purpose at any time by writing to ICMA SRL SB at  customercare@manamant.com.

8.2       The Data Subject's e-mail may also be processed by ICMA SRL SB, where the Data Subject has accepted, by ticking the relevant box, for the purpose of sending newsletters and communications on the products and services offered by ICMA SRL SB (email marketing). In this case, the legal basis for the processing is the explicit consent of the Data Subject, which may be withdrawn at any time. The lack of consent of the Data Subject for this purpose will not affect in any way the performance of the sale contract.

8.3       The customer has the right to access, rectify, cancel his personal data or oppose their processing or limit their processing, to request a copy of his personal data to be provided to the customer and/or third parties in digital format; the customer may exercise its rights by writing to ICMA SRL SB (e-mail: customercare@manamant.com); the customer is also entitled to lodge a complaint about the processing of his personal data with the local data protection authority. The customer may exercise its rights of access, rectification, cancellation or, limited to the processing, objection to the processing and request a copy of its personal data to be provided to you and/or third parties in digital format by writing to ICMA SRL SB, sending an e-mail to (e-mail customercare@manamant.com).

8.4       The customer has the right to withdraw his consent at any time without affecting the lawfulness of the processing prior to its withdrawal; the customer also has the right to lodge a complaint about the processing of his personal data with the local data protection authority.

8.5       Personal data are collected and will be processed lawfully and fairly, will be processed by computer and telematic means, and will be stored and controlled in such a way as to minimise the risks of destruction or loss, including accidental loss, unauthorised access and processing not allowed or not in accordance with the purposes of their collection. Consumer data will be kept for as long as necessary to process the order or until the buyer agrees to receive communications from ICMA s.r.l. after which ICMA may keep the data of the buyer only for the period strictly necessary to comply with legal obligations.

8.6       For the purpose of fulfilling the purchase order ICMA SRL SB may provide the personal data of the data subject to third parties, such as carriers, specialized fitters, financial institutions, legal and tax advisors, government agencies and regulatory bodies.

For further information the Data Subject can consult the Privacy Policy published on the Website.

Applicable Law / Jurisdiction

9.1         These General Conditions of Sale are governed by Italian law. In case of international sale, Italian law applies, without prejudice to the protection guaranteed by the laws of the country where the customer/consumer normally resides, which cannot be derogated from under that law if ICMA SRL SB, through the Website normally sells in that country.

9.2       The European Commission makes available to consumers the European Online Dispute Resolution Platform to resolve consumer disputes out of court (ODR platform). The ODR platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

9.3       In the event of disputes that may arise in connection with these general conditions of sale, the Courts of the Member State in which the customer-consumer has its domicile or, at the choice of the customer-consumer, the Courts of the Member State in which ICMA SRL SB is domiciled have jurisdiction. However, if ICMA SRL SB does not direct its activity to the Member State of the consumer's domicile, the Courts of the seat of ICMA SRL SB have exclusive jurisdiction.

9.4       If the customer is not a consumer, the Courts of Lecco shall have exclusive jurisdiction over any dispute concerning the sales contract and/or related to the same.

 

 

 

Annex I

Model withdrawal form

 

According to art.49, par. 1, letter h) -

(fill in and return this form only if you wish to withdraw from the contract)

- Recipient: ICMA SRL SB. ICMA sSRL SB with registered office in via Risorgimento 9, 23826 Mandello del Lario (LC); VAT No. IT00206490138 e-mail customercare@manamant.com; telephone +39 0341 731205,

- I hereby give notice of withdrawal from my sale contract of the following goods:

- Ordered on [insert data]/received on [insert data]- Name of Consumer

- Address of Consumer

- Signature of Consumer [signature is necessary only if this form is notified on paper]

- Data

 

 

 

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