Terms of service

TERMS AND CONDITIONS OF SALE

General Terms and Conditions of Sale, effective as of 24/03/2022.

PREAMBLE

This notice applies to the website www.maisonrapito.com (the “Website”).

Seller details: Maison Rapito S.R.L. – All Rights Reserved, with registered office at VIA VENEZUELA 15, PADOVA (PD), 35127, ITALY; certified email (PEC): maisonrapito@pec.it; email: maisonrapito@gmail.com (the “Seller”).

Article 1 – Scope of Application

1.1 These General Terms and Conditions of Sale apply to all sales made by the Seller through the Website.

1.2 Where permitted by the Website, entering your Italian tax code (codice fiscale) when making a purchase implies that you are acting as a Consumer pursuant to Article 3, paragraph 1, letter a) of the Italian Consumer Code (Legislative Decree No. 206 of 6 September 2005). A Consumer is a natural person acting for purposes unrelated to any business, commercial, professional or craft activity they may carry out.

Where it is possible to enter a VAT number, either your own or that of a legal entity, this implies that the purchase is being made as a “Professional” pursuant to Article 3, paragraph 1, letter c) of the Italian Consumer Code. A Professional is any natural or legal person acting in the course of their business, commercial, craft or professional activity, or an intermediary acting on their behalf.

The implications of purchasing as a Consumer rather than as a Professional are described below in this document.

1.3 Any time periods indicated herein are understood to refer to business days, therefore excluding Saturdays, Sundays and national public holidays. Images and descriptions displayed on the Website are for illustrative purposes only. Colours may differ from the actual colours due to the settings of the computer systems or devices used to display them.

1.4 These General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new terms and conditions shall become effective from the moment they are published on the Website. You are therefore encouraged to access the Website regularly and review the latest version of the General Terms and Conditions of Sale before making any purchase.

1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is submitted.

1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be featured on the Website through links, banners or other hyperlinks.

1.7 Before entering into commercial transactions with such parties, you must review their applicable terms and conditions of sale.

1.8 The Seller shall not be responsible for the provision of services and/or sale of products by such parties.

1.9 The Seller does not exercise any control and/or monitoring over websites accessible through such links. The Seller shall therefore not be responsible for the content of such websites or for any errors, omissions and/or violations of law committed by their operators.

1.10 You are required to read these General Terms and Conditions of Sale carefully, together with all other information provided by the Seller on the Website, including during the purchasing process.

1.11 Unless otherwise agreed with the Seller, orders may not be submitted by email through the Website. The Seller does not accept orders by telephone unless otherwise agreed with the customer.

1.12 All elements of the Website are the property of the Seller or third parties. Unless specifically authorised in writing by the Seller, the reproduction, whether in whole or in part and by any means, distribution, publication, transmission, modification or sale of all or any part of the Website content is prohibited.

1.13 Under no circumstances shall the Seller be held liable towards you or any third party for any indirect, incidental, special or consequential damages. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Website or the inability to use it.

The Seller cannot guarantee or represent: (i) that the Website is free from viruses or programs capable of damaging data; or (ii) that the information contained on the Website is accurate, complete and up to date.

Article 2 – Purchases on the Website

2.1 To make purchases on the Website, you must follow the procedure available on the Website and enter the information requested from time to time. The sales contract is concluded when the order reaches the Seller’s server.

2.2 You undertake to immediately inform the Seller if you suspect or become aware of any improper use or unauthorised disclosure of any information entered by you on the Website.

2.3 You guarantee that the personal information provided is complete and truthful and undertake to indemnify and hold the Seller harmless from any damage, liability for compensation and/or penalty arising from or in any way connected with a breach of this undertaking.

You undertake to immediately inform the Seller if you suspect or become aware of any improper use or unauthorised disclosure of your Website access credentials.

2.4 The Seller reserves the right to refuse orders from users who have previously breached these General Terms and Conditions of Sale or any applicable laws or regulations.

2.5 To place orders on the Website, you must read and accept these General Terms and Conditions of Sale by selecting the relevant checkbox during the purchasing process. Failure to accept these General Terms and Conditions of Sale will make it impossible to purchase products on the Website.

2.6 The Website does not sell: (i) alcoholic products; (ii) adult products; or (iii) food products.

2.7 Following a purchase, you will receive an order confirmation email.

Article 3 – Product Availability

3.1 Products offered on the Website are available in limited quantities. Consequently, including as a result of multiple users purchasing the same Product simultaneously, a Product ordered may become unavailable after the purchase order has been submitted.

3.2 Information regarding Product availability is provided on the Website.

3.3 You will be informed if an ordered Product is unavailable. In such circumstances, you shall be entitled to terminate the purchase contract. However, before requesting termination of the contract, please note that the Seller reserves the right to implement the following measure:

Where restocking is possible, the Seller may offer an extension of the delivery period, indicating a new delivery date.

3.4 Where a refund is requested for Products that were purchased but subsequently found to be unavailable, the Seller shall issue the refund within a maximum period of 7 days.

3.5 Where you exercise your right to terminate the contract, the contract shall be considered terminated. If the total amount due, consisting of the Product price, shipping costs where applicable and any other additional costs resulting from the order (the “Total Amount Due”), has already been paid, the Seller shall refund the Total Amount Due in accordance with the provisions of the “Payment Methods” article below.

Article 4 – Prices

4.1 Prices displayed on the Website include VAT.

4.2 Prices displayed on the Website do not include the WEEE contribution, since the Products sold are not subject to the relevant regulations.

4.3 The Seller reserves the right to change Product prices at any time without prior notice. However, the price charged to you shall be the price displayed on the Website at the time the order is placed, and any subsequent price changes, whether increases or reductions, shall not be taken into account.

4.4 Shipping costs shall be borne by you for orders equal to or below a specific amount, as indicated from time to time on the Website. Shipping shall be free of charge for orders above that amount.

4.5 The Seller shall ship Products only after receiving confirmation of payment authorisation or receipt of the Total Amount Due.

Ownership of the Products shall transfer to you upon shipment, understood as the moment the Product is handed over to the carrier.

However, the risk of loss of or damage to the Products for reasons not attributable to the Seller shall transfer to you when you, or a third party designated by you other than the carrier, physically take possession of the Products.

4.6 The purchase contract is subject to termination in the event of non-payment of the Total Amount Due. Unless otherwise agreed with you in writing, the order shall consequently be cancelled.

Article 5 – Payment Methods

5.1 This article describes the payment methods available on the Website.

5.2 Purchases may be made on the Website using payment cards.

The amount shall be charged only after: (i) the details of the payment card used have been verified; and (ii) the issuer of the payment card has authorised the transaction.

Pursuant to Directive (EU) 2015/2366 on payment services in the internal market (PSD2), users are informed that they may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for processing the online payment transaction.

Authentication criteria relate to the user’s identity and the simultaneous knowledge of an authentication code provided by the payment institution (Strong Customer Authentication).

Failure to successfully complete the process described above may prevent the purchase from being completed on the Website.

Confidential payment-card details, including card number, cardholder name, expiry date and security code, are encrypted and transmitted directly to the payment provider without passing through the servers used by the Seller.

The Seller therefore never has access to, and does not store, the payment-card details used to purchase Products, even if you choose to save such details on the Website.

The footer of the Website displays the symbols of the payment cards accepted on the Website.

5.3 Payment by bank transfer is available on the Website.

5.4 Cash on delivery is available on the Website. This payment method may be subject to an additional charge, indicated from time to time during the purchasing process.

Cash on delivery may also be restricted to orders above a certain amount. In such cases, the Seller shall provide appropriate information on the Website and/or during the purchasing process.

5.5 Purchases cannot be completed on the Website using discount codes, coupons or vouchers.

5.6 Any alternative payment methods other than those listed above are or shall be described in this article.

Products may also be purchased on the Website using the service provided by Scalapay.

If you choose to use this service, you may pay for the Product in 3 instalments, or in a different number of instalments where indicated on the Website, without interest.

In addition to these Terms and Conditions of Sale, Scalapay’s terms of use shall apply. You are invited to review them at www.scalapay.com.

Purchases may also be made on the Website using PayPal.

If you select PayPal as your payment method, you will be redirected to www.paypal.it, where payment will be made in accordance with PayPal’s procedures and the contractual terms and conditions agreed between you and PayPal.

Data entered on PayPal’s website shall be processed directly by PayPal and shall not be transmitted to or shared with the Seller.

The Seller is therefore unable to access and does not store the payment-card details associated with your PayPal account or the details of any other payment instrument linked to that account.

Article 6 – Delivery of Products

6.1 Products are delivered within Italy, subject to any exceptions indicated on the Website.

6.2 The delivery obligation is fulfilled when physical possession or control of the Product is transferred to you.

6.3 Estimated delivery time for Products from the date the order is submitted: 3 days.

6.4 The time period indicated under Article 6.3 is indicative and not binding. The Seller therefore reserves the right to deliver the Products within 30 days from the date the order is submitted.

It is your responsibility to inspect the condition of the delivered Product.

Without prejudice to the fact that the risk of loss of or damage to the Product for reasons not attributable to the Seller transfers to you when you, or a third party designated by you other than the carrier, physically take possession of the Product, the Seller recommends checking the number of Products received and verifying that the packaging is intact, undamaged, dry and otherwise unaltered, including its sealing materials.

In your own interest, you are advised to indicate any irregularities on the carrier’s delivery document and to accept the package subject to reservation.

Where the packaging shows clear signs of tampering or alteration, you are advised to promptly notify the Seller.

6.5 With regard to the possibility of requesting delivery of Products to a “collection point”, the Seller informs you that the Website does not offer the possibility of collecting the Product from a collection point other than the address provided during the purchasing process.

You are nevertheless encouraged to visit the Website regularly to verify whether this delivery option is subsequently made available.

6.6 FAILED DELIVERY

If, for any reason, an order placed with Maison Rapito cannot be delivered to the Customer’s address due to a lack of cooperation on the Customer’s part, such as an incorrect telephone number, incorrect address, absence at the address or failure to comply with import regulations, the parcel will be returned to the logistics facility at the Customer’s expense, including any applicable import duties.

These costs shall be deducted from any refund due.

MAISON RAPITO ships under DDU (Delivery Duty Unpaid) terms, meaning that any local sales taxes and/or customs duties are excluded.

If you reside in a country outside the European Union, we recommend checking applicable local taxes and customs duties before placing an order.

Please note that any local sales taxes and/or customs duties shall be charged directly to the Customer by the courier for each order at the time of shipment and shall not be refunded if the items are returned.

Article 7 – Right of Withdrawal

7.1 Users are invited to read this article carefully, as it governs the right of withdrawal.

7.2 The right of withdrawal is the Consumer’s right to terminate the purchase contract without being required to provide a reason.

If you have purchased as a Professional, the right of withdrawal does not apply unless otherwise agreed with the Seller.

Any exceptions to the right of withdrawal are set out in this Article 7. Where no exception applies, this Article 7 shall apply in full.

The Website sells sealed goods which are not suitable for return for hygiene reasons or reasons connected with health protection.

If such goods are opened after delivery, you lose your right of withdrawal. Accordingly, the following rules concerning the right of withdrawal shall not apply.

The Website also sells goods made to measure or clearly personalised.

If you are acting as a Consumer, the following provisions concerning the right of withdrawal do not apply to such goods pursuant to specific provisions of law, since otherwise the Seller would be unable to resell a Product specifically manufactured for you.

7.3 If you are a Consumer, and provided that no relevant exception applies, you have the right to withdraw from the purchase contract for a Product without providing any reason and without incurring costs other than those provided for in this article, within fourteen calendar days (the “Withdrawal Period”).

To exercise your right of withdrawal, you must inform the Seller of your decision to withdraw before the Withdrawal Period expires.

For this purpose, you may contact the Seller using the contact details provided in the Preamble or use any contact form available on the Website.

You shall be deemed to have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of that right is sent before the Withdrawal Period expires.

Unless otherwise agreed, the direct costs of returning the Products shall be borne by the Consumer, as shall responsibility for transporting the Products.

Where the right of withdrawal is exercised, the Product must be delivered to the Seller’s registered office or to another address communicated by the Seller.

The Withdrawal Period expires 14 days after:

– in the case of an order concerning a single Product, the day on which you or a third party designated by you, other than the carrier, acquires physical possession of the Product;

– in the case of a Multiple Order involving separate deliveries, the day on which you or a third party designated by you, other than the carrier, acquires physical possession of the last Product; or

– in the case of an order concerning delivery of a Product consisting of multiple lots or pieces, the day on which you or a third party designated by you, other than the carrier, acquires physical possession of the last lot or piece.

7.4 Where the right of withdrawal applies, the Seller shall refund the Total Amount Due, including delivery costs where applicable, without undue delay and in any event no later than 14 calendar days from the date on which the Seller is informed of the decision to withdraw from the contract.

The refund shall be made using the same payment method used for the original transaction.

Where the Products have been returned using a carrier selected and paid for by the Consumer, the Seller may withhold the refund until the Products have been received or until the Consumer provides evidence that the Products have been returned, whichever occurs first.

The Consumer shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Product.

The Product must in all cases be stored, handled and inspected with ordinary care and must be returned intact, complete in all its parts, fully functional and accompanied by all accessories and instruction sheets.

Any identification tags, labels and disposable seals, where present, must still be attached to the Product and must remain intact and unaltered.

The Product must also remain fully suitable for its intended use and free from signs of wear or dirt.

The right of withdrawal applies to the Product in its entirety. It may therefore not be exercised solely in relation to individual parts and/or accessories of the Product.

Where a Product for which the right of withdrawal has been exercised has suffered a reduction in value as a result of handling other than what is necessary to establish its nature, characteristics and functioning, the Seller reserves the right to deduct an amount corresponding to such reduction in value from the refund.

The Seller shall notify you of this circumstance and of the resulting reduction in the refund amount.

Where the refund has already been issued, the Seller shall provide bank details for payment of the amount owed by the user as a result of the reduction in the Product’s value.

Where the right of withdrawal has not been exercised in accordance with applicable legislation, it shall not result in termination of the contract and, consequently, shall not give rise to any right to a refund.

7.5 In light of the above, the Seller considers it appropriate to highlight that the costs of returning the Product shall be borne by you and shall be under your responsibility.

7.6 A maximum of one return or exchange request may be submitted per order. A single request may include more than one Product.

Return shipping costs:

ITALY

Return shipping costs are free of charge.

REST OF THE WORLD

Return shipping costs shall be borne by the Customer, except in cases involving defective items or shipping errors.

Standard international return shipping costs:

EUROPE: EUR 20

UK: EUR 25

NORTH AMERICA: EUR 25

ASIA AND UAE: EUR 35

ISRAEL: EUR 30

SOUTH AMERICA AND MEXICO: EUR 40

AUSTRALIA: EUR 45

REST OF WORLD: EUR 50

A surcharge may be required for non-standard shipments.

Scalapay:

If you purchase using Scalapay, you receive your order immediately and pay in 3 instalments.

You acknowledge that the instalments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and you authorise such assignment.

Article 8 – Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is reserved for Consumers.

Accordingly, it applies only to users who have made a purchase on the Website for purposes unrelated to any business, commercial, craft or professional activity they may carry out.

8.2 The Seller shall be liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years of delivery.

Any legal action intended to enforce defects not fraudulently concealed by the Seller shall in any event be time-barred twenty-six months after delivery of the goods.

8.3 Unless proven otherwise, any lack of conformity that becomes apparent within twelve months of delivery of the Product shall be presumed to have existed at the time of delivery, unless such a presumption is incompatible with the nature of the Product or the nature of the lack of conformity.

From the twelfth month following delivery of the Product, the burden shall instead be on the Consumer to prove that the lack of conformity already existed at the time of delivery.

8.4 In the event of a lack of conformity of the goods, the Consumer shall be entitled to have conformity restored, receive a proportionate reduction in price or terminate the contract, subject to the conditions established under Article 135-bis et seq. of the Italian Consumer Code.

8.5 The Seller shall not be liable for damage of any kind resulting from improper use of the Product and/or use that does not comply with the instructions provided by the manufacturer, nor for damage resulting from unforeseeable circumstances or force majeure.

8.6 If you made the purchase as a Professional, the preceding paragraphs of this article shall not apply.

In such cases, the legal guarantee shall be governed by Article 1490 et seq. of the Italian Civil Code.

In particular, the period for reporting defects shall be 8 days from their discovery, while any legal action shall be time-barred one year after delivery.

Article 9 – Manufacturer’s Warranty

The Manufacturer’s Warranty is an additional warranty supplementing the Legal Guarantee of Conformity that may be provided by the Seller in relation to the Products.

Except where otherwise indicated on the Website, Products sold on the Website are not covered by a Manufacturer’s Warranty.

You may nevertheless exercise the rights provided to you under the Legal Guarantee of Conformity governed by the preceding article.

Article 10 – Applicable Law and Jurisdiction; Alternative Dispute Resolution / Online Dispute Resolution

10.1 Purchase contracts concluded through the Website shall be governed by Italian law.

10.2 Consumers whose habitual residence is outside Italy shall continue to benefit from any more favourable mandatory provisions provided for under the law of the country in which they habitually reside.

10.3 Where the user is a Consumer, any dispute concerning the application, performance or interpretation of this document shall fall within the jurisdiction of the courts of the place where the user resides or has elected domicile.

10.4 Where the user is a Professional, any dispute concerning the application, performance or interpretation of this document shall instead fall within the jurisdiction of the courts having jurisdiction over the Seller’s registered office as specified in the Preamble.

10.5 The Seller informs users who qualify as Consumers that, where they have submitted a complaint directly to the Seller and the resulting dispute could not be resolved, the Seller shall provide information regarding the Alternative Dispute Resolution body or bodies responsible for the out-of-court resolution of disputes relating to obligations arising from contracts concluded pursuant to these General Terms and Conditions of Sale (“ADR bodies”), specifying whether or not the Seller intends to use such bodies to resolve the dispute.

10.6 The Seller further informs users who qualify as Consumers that a European platform for the online resolution of consumer disputes, known as the ODR platform, has been established.

The ODR platform can be accessed at:
http://ec.europa.eu/consumers/odr

Through the ODR platform, Consumers may consult the list of ADR bodies, find links to the websites of each body and initiate an online dispute-resolution procedure in relation to a dispute in which they are involved.

10.7 In all cases, the Consumer retains the right to bring proceedings before the competent ordinary courts in relation to disputes arising from these General Terms and Conditions of Sale, regardless of the outcome of any out-of-court consumer dispute resolution procedure carried out pursuant to Part V, Title II-bis of the Italian Consumer Code.

Users residing in an EU Member State other than Italy may also, in relation to any dispute concerning the application, performance or interpretation of these General Terms and Conditions of Sale, access the European Small Claims Procedure established by Regulation (EC) No. 861/2007 of the Council of 11 July 2007, provided that the value of the claim does not exceed EUR 5,000.00, excluding interest, rights and expenses.

The text of the Regulation is available at:
http://www.eur-lex.europa.eu.

Article 11 – Customer Service

11.1 You may request information, send communications, request assistance or submit complaints by contacting the Seller using the contact details specified in the Preamble or by using any contact form available on the Website.

11.2 The Seller’s indicative response time is 5 days.

Article 12 – Miscellaneous

12.1 This document fully governs the relationship between you and the Seller.

In all cases, any rights and obligations provided for under applicable law from time to time shall remain unaffected.