- CONSUMER INFORMATION
The Products present on the Site are offered for sale only to consumers (“Customer(s)” or “You”), the term "Customer" means any natural person making purchases for purposes which are outside his trade business, craft of profession. Products on the Site may be purchased only by persons aged 18 years and over having reached age of majority. The Products sold on the Site may be purchased and shipped only to the United Kingdom, European Union and to non-member states of the European Union listed on the Site (excluding United States, China and Hong Kong).
In submitting a purchase order, the Customer accepts and undertakes to observe these Conditions of Sale. Should the Customer not accept any of the conditions indicated in these Conditions of Sale, he/she shall not submit a purchase order for Products on the Site.
- ORDER PROCEDURE AND ACCEPTANCE
To purchase one or more Products, the Customer must select the Products, their size and colour. The Products selected for purchase will be added to the Shopping Bag. To be able to save articles in the Shopping Bag to continue shopping at a later time, the Customer must first create an online account and log in to this account at the time of purchase. Purchases can be made without an online account/registration, but any items in the Shopping Bag will be deleted if the purchase is not completed, and the Customer will be required to make selections for purchase again the next time he/she visits the Site.
The Customer may modify any information he/she enters during the purchase procedure at any time until the order is confirmed. The Customer will no longer be able to change or cancel the order once it has been sent.
Once the order has been sent, Marco Traniello will send the Customer an e-mail confirming receipt of the order by Marco Traniello and its processing (“Order Confirmation”). The Customers may access the order at any time in the “My account” section on the Site, if he/she has registered.
Please note that Order Confirmation does not constitute acceptance of the Customer's order by Marco Traniello. Marco Traniello will accept the order and debit the amounts due to the Customer's payment card only once the Products have been shipped. For payments by bank transfer once we receive the Customer’s wire transfer payment, Customer’s order will be processed. Customer will have 10 days to pay by wire transfer, otherwise Marco Traniello will proceed with the cancellation of the order. At that time, Marco Traniello will send the Customer another confirmation e-mail indicating that the order has been accepted and that the Products have been sent (“Shipping Confirmation”). The order invoice will be attached to the Shipping Confirmation e-mail.
Marco Traniello reserves the right to refuse to accept orders placed by the Customer should it consider they fail to meet the requirements for sending a purchase order or to accept orders placed by persons with whom a legal dispute is underway regarding a previous order or for any other legitimate reason, without being required to provide any reason. Marco Traniello reserves the right to refuse to accept and to refuse to fill orders that appear to have been placed by merchants and/or distributors.
Every Product offered for sale on the Site will include an image of the Product, its unit price, and available colours and sizes. Product images are provided for information purposes only. Images and colours of the Products for sale on the Site do not necessarily match the actual colours due to the browser and/or monitor used or for other technical reasons. Marco Traniello cannot be held liable for any inexact graphic representations of the Products shown on its Site for the aforementioned technical reasons.
Marco Traniello undertakes to guarantee the availability of all Products offered on its Site. However, under exceptional circumstances, the Products sold by Marco Traniello on the Site may not be available. Marco Traniello invites the Customer to check availability of the Products sold on the Site at the time of purchase.
Should the Products ordered by the Customer be temporarily unavailable (except for pre-orders and orders for Products with limited availability whose availability date is clearly indicated), Marco Traniello will inform the Customer via e-mail by the business day following the order date. The Customer's credit card will not be debited if the Products are unavailable. If the amount of the purchase has already been debited, a refund will be credited to the credit card used to place the order within 4-6 days. It may be necessary to attend specific bank timing before having visibility of such credit depending on each bank conditions. Marco Traniello cannot influence bank credit times which are the discretion of each individual financial institution. For payment via bank transfer if Customer already proceeded with the wire transfer we will pay back to the same Customer’s bank account the amount of the purchase, in case the Customer did not proceed with the bank transfer we will delete the order after having informed the Customer.
Customers will be notified when orders are sent for pre-orders, orders for Products with reduced availability or orders for articles not available at the time of order, but for which the availability date is clearly stated on the Site. If, under exceptional circumstances, availability times are extended, the Customer will be informed when the Product is available two weeks after the date indicated at the time of order.
- PRICES AND PAYMENT
The Prices of the Products available for sale on the Site are expressed in DOLLAR ($) for sales in USA. EUR (€) for sales in the European Union and non-member states of the European Union listed on the Site (excluding China, Hong Kong) in pounds sterling (£) for sales to the United Kingdom and in CAD for sales to Canada.
All Product Prices include VAT (if delivered to the United Kingdom or the European Union) or other taxes or duties (if delivered outside the EU in the rest of the world) except as indicated during the purchase process. They do not include shipping costs, which are listed separately. Shipping costs depend on the destination and on the delivery method chosen at the time of purchase. Shipping costs and any other applicable tax will be listed on the payment page of the Order Confirmation.
Marco Traniello accepts payment by MasterCard, Visa, American Express and PayPal and payment via bank transfer.
For Payment by MasterCard, Visa, American Express and PayPal purchased products will be sent to the Customer following verification of the Customer's payment card data and after receipt of debit authorization from the Customer's bank. Verification of payment card data may be delayed, but will be done as quickly as possible, and generally takes no more than 24 hours. However, longer times may sometimes be required. The Customer's payment card will be debited only once the Products have been shipped. If you select to pay by Bank Transfer you will receive an email with all the details. You have 10 days to pay, otherwise we will proceed with the cancellation of the order. Once we receive your wire transfer payment, your order will be processed.
All Products are provided with an identification card and identification number that are an integral part of the Product. The Customer must not remove the identification card with the identification number until he/she has verified that the Product matches the order or until he/she has decided not to exercise his/her order withdrawal right as per point 7 below.
The Products will be sent to the address provided during the purchase process. For security reasons, Marco Traniello will not send orders to post office boxes nor will it accept orders in cases where the order recipient's identity or the physical person's address cannot be verified.
After sending Shipping Confirmation to the Customer, all purchases will be delivered from Monday to Friday, excluding local or national public holidays, by the courier service chosen by Marco Traniello (DHL Express for the European Union, United Kingdom, and non-member states of the European Union, excluding the United States) (the “Courier”), based on availability, unless otherwise stated for specific countries. Saturday deliveries may be available if offered by the Courier. Saturday delivery conditions will be indicated at the time of offer.
The Products will be delivered between one and fifteen (15) business days of Shipping Confirmation for standard delivery, depending on the Customer's delivery address and country, as well as on the delivery method chosen by the Customer at the time of purchase. Marco Traniello cannot be held liable for unforeseen delays and/or delays attributable exclusively to the Courier. Before sending purchases to the Customer, Marco Traniello may be required to confirm the Customer's details with the card issuer for the payment via credit card. Marco Traniello undertakes to do its utmost to reduce delays as much as possible considering that these transactions generally require no more than 24 hours.
Pre-ordered articles will be shipped as soon as they become available, as indicated on the Site at order placement. The Customer will receive a Shipping Confirmation e-mail as soon as the order has been shipped and delivery will be made within the same amount of time as other orders, depending on the chosen type of delivery.
- RIGHT OF WITHDRAWAL
Customers have the right to withdraw from their purchase contract with Marco Traniello, without penalty and for any reason, within 5 (five) business days of receipt of the Products purchased on the Site. Exercise of the right of withdrawal does not grant the Customer the right to exchange purchased Products with other Products.
To exercise their right of withdrawal, Customers must inform Marco Traniello of their intention to withdraw from the contract Customers may also use the form available here. In this case, the Customer must return the Products in their original "like new" condition to the Returns Centre of Marco Traniello. All Products purchased online must be returned to the Marco Traniello Returns Centre. Returns sent to our sales points will not be accepted.
Customers will be granted refunds provided the Products have not been used or washed, and are in the same condition in which they were delivered, with original tags attached, with all parts and accessories and in original packaging. Should the Customer exercise his/her right of withdrawal for all Products of a single purchase order, all of the Products must be returned in the same shipment at the same time.
Marco Traniello reserves the right to check the returned Products and to send back to the Customer any Products it considers fail to meet the requirements indicated in point above.
A full refund will be made to the payment card or to the bank account used for the purchase as soon as possible, and in any case, within 14 (fourteen) days of the date on which Marco Traniello initially confirmed receipt of the returned Products sent by the Customer, provided the conditions listed in point above are met. In any case, Marco Traniello will make the refund as soon as the Customer proves the Product has been returned. Should the Customer expressly request a more costly delivery method different from the less costly method generally proposed by Marco Traniello that will be obliged to refund delivery costs only up to the amount the Customer would have paid had he/she accepted the proposed less costly delivery method generally accepted by Marco Traniello.
If the returned Products were purchased as a gift, the refund will be made to the person having made payment. The payment date of the refund will be the same as that of the initial payment to Marco Traniello. Therefore, the party making payment will not be subject to any bank interest charges.
To return Products to Marco Traniello, the Customer must contact the Courier to pick up the Products he/she intends to return by Courier from the residence or domicile where the Products are located. The return shipping label provided with the delivered package must be affixed to the outside of the package. The Customer must also ensure that the commercial label and documents for the Products are included in the package and make a copy of the receipt for the return of the Products duly signed by the Courier, keeping it as proof of return. Should the Courier be used to return Products, all shipping costs, including the costs of returning Products to Marco Traniello, will be borne by Marco Traniello.
Should the Customer choose not to use the Courier, Marco Traniello recommends the Customer insure the entire value of the returned Product and obtain and retain the shipping receipt and number. In this case, any costs for returning the Products will be borne by the Customer, and Marco Traniello cannot be held liable for reimbursing the price of the Products sent by the Customer if they are not received by Marco Traniello due to loss, theft or damage not attributable to Marco Traniello.
The Products must be returned to:
- MODIFICATIONS AND CORRECTIONS TO THE TERMS AND CONDITIONS OF SALE
Marco Traniello will do its utmost to ensure the Product prices and information on the Site are accurate and up to date. However, there may occasionally be printing errors, incorrect statements or omissions ("Errors") regarding the description, price, promotions, sales and Product availability. Marco Traniello reserves the right, at any time and without notice, to correct the Errors, modify or update information, delete sales containing said Errors and cancel any order at any time prior to shipping.
The Customer will be informed immediately via e-mail by Marco Traniello (in any case, no more than 24 hours of order cancellation) should the Customer's payment card be debited for a cancelled order as per point above, and a refund will be made to the Customer's payment card within 14 (fourteen) days of order cancellation (the same shall apply for payment via bank transfer).
Any modifications and/or corrections indicated above apply exclusively to purchase orders sent after the date on which the modification or correction was made by Marco Traniello.
- ORDER CONFORMITY
The Customer must check the Products at the time of delivery to ensure they match the order.
Any anomalies discovered at the time of delivery, such as damage or tampering with packaging, damage to Products, missing articles, non-compliant Products, defective Products, etc. (“Defects”), may be indicated by the Customer directly to the Courier with a written and signed comment on the delivery notice provided by the Courier. In this case, the Customer will not be required to accept the Products and may return them directly to the Courier.
If Defects are discovered after delivery, the Customer may return the Products to Marco Traniello using the procedure described in point 10 below.
- LEGAL WARRANTY FOR NON-CONFORMITY PRODUCTS
Marco Traniello Products offered for sale are covered by a 1-month warranty starting from the date on which the Customer receives the Products ("Period of the legal warranty"). The warranty period covers any defect or non-conformity of the Products. Without prejudice to any other remedy under applicable law, if during the warranty period it is found that a Product delivered to the Customer is defective or does not comply with the ordered Product ("Defective Product"), the Customer has the right to return the defective Product to Marco Traniello for full repair without any additional cost within a reasonable time from the request. If full repair is not an available remedy, Marco Traniello can replace the defective Product with a new one within a reasonable time from the request. In any case, the Customer loses these rights if he/she does not notify Marco Traniello of the lack of conformity within a period of two days from the date on which the defect is found. Furthermore, the Customer can opt to request a reasonable price reduction or the termination of the contract if one of the following conditions is met:
(a) Repair or replacement of the defective Product is impossible or excessively burdensome.
(b) Marco Traniello has not repaired or replaced the defective Product within a reasonable amount of time.
(c) The replacement or repair previously carried out by Marco Traniello has caused considerable inconvenience to the Customer.
Customers must return Defective Products for repairs as follows:
(a) Customers must inform Marco Traniello of any defect or non conformity of any purchased Product during the Legal Warranty Period.
(b) Marco Traniello will arrange for the Courier to pick up and deliver the Products. Shipping and insurance costs for the Products will be borne by Marco Traniello.
Should the Customer choose not to use the Courier, Marco Traniello cannot be held liable for any loss of the Products.
Defective Products must be returned to:
Marco Traniello reserves the right to inspect the returned Products for the defect or non conformity and may return the Products to the Customer if it considers there to be no defect or non conformity.
Repairs cannot be requested on the Site for Products purchased at sales points or other shops selling the Products, and vice versa (i.e. repairs for Products purchased on the Site cannot be requested at shops).
- Marco Traniello LIABILITY
The Products sold on the Site are sold "based on availability". Notwithstanding the legal warranty referred to in point 10.1 above, Marco Traniello issues no warranty, condition, commitment or term, whether express or implicit, by contract or any other means, regarding the condition, service, satisfactory quality or fitness for a specific purpose of the Products other than the Product description included in the purchase order, and all of the aforementioned warranties, conditions, commitments and terms of any kind are excluded to the fullest extent permitted by law.
Under no circumstances may Marco Traniello be held liable for damages of any kind such as direct, indirect, incidental or consequential damages caused to the Customer deriving directly or indirectly from:
- the Customer's use or inability to use the Site
- the Customer's trust in the information provided on the Site
- errors, service interruptions, cancellations, file and e-mail damage or corruption, viruses or defects, delays in operation or transmission, communication failures, theft, destruction or unauthorized access to Marco Traniello data, programs or services
Notwithstanding nothing in these Conditions of Sale shall exclude or limit the liability of Marco Traniello to the Customer for cases of fraud, death or personal injury caused by negligence, breach of the terms pursuant to the applicable norms in relation to consumer protection or any other responsibility that cannot be excluded or limited according to applicable law.
- APPLICABLE LAW AND COMPETENT COURT
These Conditions of Sale are governed in their entirety by Nevada law.
Any disputes regarding the interpretation or performance of these Conditions of Sale will be submitted to the Court of the place in which the Customer, in his/her capacity as consumer, has his/her place of residence.
Should any of the provisions contained herein be considered invalid, null or inapplicable for any reason whatsoever, said provision shall be considered separate and shall not impact the validity and applicability of the other provisions.