FAQ’S
-
On this page you will find all the information on your right of withdrawal, how to return a product, how we deal with complaints, and the legal guarantee that applies to all Ma‑Rè products.
In summary:
you have 14 days from physical receipt of your order to exercise your right of withdrawal, unless the product is a cosmetic item that has been opened or customised;
returns must be sent back unopened, in their original packaging, and the cost of return shipping is at your expense;
once we receive and check the returned products, we refund you within 14 days, using the same payment method you used;
all products benefit from a 2‑year legal conformity guarantee under Italian consumer law; if a product is defective or not as ordered, you can ask for repair or replacement, or a price reduction / refund in the cases provided by law.
The detailed legal rules are set out below:
-
These policies, provided pursuant to Art. 49 of the Consumer Code and Art. 12 of Legislative Decree No. 70 of 9 April 2003, lay down the conditions for the exercise of the right of withdrawal, returns and the legal guarantee of conformity, and are an integral part of the General Terms and Conditions of Sale, which may be found at General terms and condition of sale and which you are kindly requested to read carefully before placing your Order.
***
Procedures for Withdrawal
1.1 In accordance with Article 52 et seq. of the Italian Consumer Code, the User/Consumer shall have the right to withdraw (the “Withdrawal”) from the contract for the purchase of Products entered into with the Seller, without any penalty and without having to provide any reason, within fourteen (14) days from the physical receipt of the Products purchased on the Platform accessible from the Website www.ma-rè.com, in accordance with the terms set out below. In the case of a separate delivery (Poste Italiane, DHL, UPS, GLS courier services) of several Products ordered by the User/Consumer in a single Order, the period of fourteen (14) days for the exercise of the right of withdrawal starts from the day on which the last Product was delivered.
1.2 In accordance with Article 54 of the Italian Consumer Code, the User/Consumer may exercise the right of Withdrawal through any one of the following methods:
1) online transmission of the withdrawal form to the Seller, fully filled in, in accordance with the template provided pursuant to Article 49, paragraph 1, letter h) of the Consumer Code, which can be accessed and downloaded at this link (Annex 1); in this case, confirmation of receipt of the User’s withdrawal notice shall be sent by e-mail to the address provided when placing the Order;
2) transmission by post of the withdrawal form to the Seller, fully filled in, which can be accessed and downloaded at this link (Annex 1) and in accordance with the template provided pursuant to Article 49, paragraph 1, letter h) of the Consumer Code;
3) by sending another explicit statement expressing one’s decision to withdraw from the contract by post to the Seller.
1.3 For cases points 2 and 3 of Article 1.2 above, the User/Consumer’s notice shall be sent to the attention of Customer Service info@ma-rè.com. In these cases, it is understood that the responsibility of proving the correct and timely exercise of the right of withdrawal shall lie with the User/Consumer.
1.4 Return. According to the provisions of Article 57 of the Italian Consumer Code, once Withdrawal has been exercised, the Products to be returned must be delivered to the courier (Poste Italiane, DHL, UPS, GLS courier services) chosen by the User/Consumer within fourteen (14) days from the date on which the User/Consumer notified to the Seller its decision to withdraw from the contract.
1.5 In accordance with Art. 59 of the Consumer Code, the right of Withdrawal shall not apply if the User/Consumer has purchased Products that are clearly customised or that are not suitable for return for hygienic and/or health protection reasons and/or that have been opened after delivery. In particular, this exclusion applies to cosmetic Products whose seals have been broken or which have been opened after delivery.
Conditions for exercising the right of Withdrawal
2.1 In accordance with Article 52 of the Italian Consumer Code, the right of Withdrawal is deemed to have been properly exercised if the following conditions are fully met:
the right of withdrawal must be duly exercised within fourteen (14) days of receipt of the Products by following one of the procedures indicated in Article 1 above;
the Products have not been opened , used or otherwise altered and are not damaged and/or deteriorated, and they meet the requirements set out in Article 4 below in relation to conformity checks;
the Products must be returned in their original wrapping and/or box and/or packaging, with their accessories, instructions for use and anything else supplied with them;
the Products must be delivered to the forwarding agent chosen by the User/Consumer for return within fourteen (14) days of the User/Consumer notifying the Seller of its decision to withdraw from the purchase of the Products.
3) Costs and procedures for Returns
3.1 In accordance with the provisions of Article 57(1) of the Italian Consumer Code, any packages sent “freight collect” or with payment on delivery will not be accepted and the return costs shall be borne exclusively by the User/Consumer. Any packages returned at the recipient’s expense will not be accepted.
3.2 If the right of withdrawal is exercised, the Seller shall not be liable for the return transport costs or for any loss of or damage to the Products attributable to third parties. Any risk associated with the return of the Products shall be the exclusive responsibility of the User/Consumer, unless the User/Consumer can prove that it deposited the Products to be returned with a carrier.
3.3 If the User/Consumer has met all the conditions provided for in Article 2.1 above, the Seller, in accordance with Article 56 of the Consumer Code, shall provide a full refund of the Total Amount Due, the User/Consumer being responsible only for the costs of the Return, i.e. those for returning to the Seller the Products purchased pursuant to Article 1.4, unless the Seller has expressly exempted the User/Consumer from such costs at the time the Products were purchased. The User/Consumer is therefore advised to use traceable shipping methods and to keep the delivery receipt.
4) Conformity checks on returned Products
4.1 The User/Consumer will be contacted at the e-mail address provided when placing the Order if the Return cannot be accepted because it fails to meet the conditions referred to in with conditions listed in Article 2.1 above, or in the situation referred to in Article 59 of the Italian Consumer Code. In that case, the User/Consumer may choose to have the purchased Products sent back at its own expense. If they refuse this shipping cost, the Seller reserves the right to retain the Products and the amount corresponding to the Total Amount Due for the purchase of the Products.
4.2 All the Products must be returned unopened , in perfect storage conditions, with all protective materials and labels and stickers attached to the Products (if any), as well as their original packaging, accessories and documentation. If the Product has been opened or has been changed from its original condition in any way, the Seller reserves the right not to accept the Return. The Seller assumes no liability for Products returned by mistake or for items forgotten in packages or returned Products.
4.3 In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to the User/Consumer shall be calculated in proportion to the value of the Product being Withdrawn.
4.4 The User/Consumer shall only be liable for any decrease in the value of the Products resulting from handling the Product in way other than is necessary to check the Product’s nature, features and quality in accordance with the Product Sheet, as stated in the Order Confirmation. The Product shall be kept, handled and examined with the level of care to be normally expected and returned complete in all its parts, perfectly functioning, equipped with all accessories, instructions for use and anything else supplied with it, still attached to the Product, intact and not tampered with, as well as perfectly suitable for the use for which it was intended and without signs of wear or soiling. Additionally, the right of withdrawal concerns the Product as a whole. Therefore, it cannot be exercised in relation to parts and/or accessories (which do not constitute products in and of themselves) of the Product. Handling beyond what would normally be allowed in a physical shop to check the nature and characteristics of a product shall be considered excessive.
5) Refund terms and procedures
5.1 After receiving the Return and checking that all the requirements provided for in Article 4 above have been met, the Seller shall refund the Total Amount Due paid by the User/Consumer for the Product, including the costs of Shipping, without undue delay and in any case no later than fourteen (14) calendar days; in accordance with Article 56 of the Italian Consumer Code; from the day on which the User/Consumer notified its decision to exercise the Withdrawal to the Seller. The refund may be suspended until the Products are received or until the User/Consumer has proven that it returned the Products, whichever is earlier.
5.2 The refund amount provided for in Art. 5.1 shall be communicated by e-mail, to the same address as the Order Confirmation, as proof of acceptance of the Return and the Seller shall proceed to refund the Total Amount Due in full, except as provided for in Art. 3.
5.3 The refund shall be completed by using the same payment method employed for the original transaction, unless a different refund method is expressly agreed with the User/Consumer. Under no circumstances will the User be debited any amount as a consequence of said refund. The value date of the credited sum shall be the credit date. The time required to re-credit or refund of the sums paid to purchase the Products depends on the payment method used by the User/Consumer, in accordance with the provisions of the individual companies managing the payment means in question.
5.4 Regardless of the payment method used, the refund provided for in Article 5.1 shall be activated by the Seller as soon as possible, and in any case within fourteen (14) days from the date on which it became aware of the exercise of Withdrawal, once it has verified that the process of Withdrawal and the Return have met the conditions set out in the preceding Articles.
6) Complaints and non-conforming Products
6.1 Without prejudice to the legal warranty in accordance with Articles 128-135 of the Italian Consumer Code for the Products sold, pursuant to Art. 128 et seq. of the Italian Consumer Code, Ma-Rè, as seller of the Products, warrants that all the Products sold meet the conditions specified in the Order Confirmation, in terms of quantity and quality, for a period of two years from the delivery of the Products, and shall be liable towards the User/Consumer for any lack of conformity of the Product with these conditions at the time of delivery. In the event of a lack of conformity of a Product pursuant to Article 129 of the Consumer Code, the User/Consumer shall be entitled to have goods restored, without charge, by repair or replacement, until they meet the original conditions of conformity. If these remedies fail, the User/Consumer shall be entitled to an appropriate price reduction or to terminate the contract.
6.2 The User/Consumer shall be entitled to exercise the rights provided for in Article 6.1 if the Products are defective or otherwise do not comply with the Order Confirmation at the time of their receipt, provided that the same submits a notice of complaint over non-conformity of the Products (Complaint) within a period of two months from the date on which it discovered such non-conformity from the date on which the non‑conformity was discovered (and in any case within the legal warranty period).
6.3 Products that have been repaired, modified or in any way altered by the User/Consumer are not covered by the legal guarantee of conformity.
6.4 In the event of a conformity defect duly reported in the Complaint, the User/Consumer shall be entitled (i) in the first instance, to have the Product repaired or replaced (whichever it prefers) free of charge, unless the solution requested is objectively impossible or excessively burdensome compared to the other, based on the specific circumstances of each case, considering the type of Product, and where this is possible depending on the number of Products still available for sale, or, (ii) in the alternative, to a proportional reduction of the Total Amount Due or to termination of the contract (whichever it prefers). This shall be the case, however, in cases where repair or replacement is impossible or excessively burdensome, or if the repair or replacement have not been made within a reasonable period of time, or where the repair or replacement have caused considerable inconvenience to the Consumer. The requested solution shall be deemed excessively burdensome if it entails unreasonable expenses for the Seller compared to alternative solutions, considering the value that the Product would have if the non-conformity did not exist, the extent of the non-conformity, the possibility that the alternative solution may be achieved without significantly inconveniencing the User/Consumer.
6.5 For practical information on how to exercise Returns and Complaints, Customer Service may be contacted at the addresses already indicated in the General Terms and Conditions of Sale, which is available here. The User/Consumer must follow the procedure for the return of damaged, non-conforming and/or defective Products that will be indicated by Customer Service; otherwise, the User/Consumer may not claim any refund or replacement of the Products in question under the legal guarantee. In order to be replaced, the Product, upon return to the Seller, even if defective, must be in its original package and/or box and/or packaging, with any accessories, instructions for use and anything else supplied with it. The return of the Product without its original box and/or packaging, accessories and documentation shall result in the Seller being unable to replace the Product. Customer Service may request information on the identity of the User/Consumer and carry out any check that may be useful.
6.6 Where replacement of non-conforming Products takes place, once the Products returned by the User/Consumer have been received, the Seller shall check that the complaints are valid. If they are deemed valid, the Seller shall replace the defective, damaged or non-conforming Product and send it to the User/Consumer as soon as possible and in any case within 30 (thirty) calendar days from receipt of the Products. Shipping costs shall be borne entirely by the Seller.
If the Seller is not able to replace the Products within the aforementioned term, it shall immediately notify the User/Consumer at the e-mail address provided at the time of purchasing the Products.
If, after examining the returned Products, the Seller considers that the complaints are invalid, the User/Consumer shall not be entitled to a refund and the Products shall be returned to it at its expense.
-
Effective from: 30/6/2026
Whereas:
These General Terms and Conditions of Sale govern the offer and sale of Products on the website www.ma-re.com (the “Website”). The Products marketed on the Website are offered and sold by Ma-Rè, with registered office in Viale Fra Bartolomeo 7, 20146 Milano (MI), registered with the Chamber of Commerce of Milano Monza Brianza Lodi, under Partita Iva Regime Forfettario No. 11664470967 (hereinafter the “Seller”).
Before completing any online purchase on the Website, the User must carefully read and accept these General Terms and Conditions of Sale, which the Seller makes available in the “Terms and Conditions of Sale” section and which can be saved and reproduced as indicated below. The User is also invited to read the Terms of Use of the Website, the Consumer Policies, the information provided pursuant to the GDPR on personal data processing (outlined in the Privacy Policy) and the Cookie Policy.
1. Definitions, subject matter and scope
1.1 In these General Terms and Conditions, terms appearing with a capital letter, whether singular or plural, shall have the meaning given below, unless a different meaning is indicated:
• “Force Majeure”: events beyond the Seller’s reasonable control, including but not limited to pandemic and epidemic events or other natural disasters, strikes, lockouts or other trade union actions by third parties, civil disturbances, riots, invasions, terrorist attacks or threats of terrorist attacks, war (declared or not) or threat or preparation for war, fires, explosions, storms, floods, earthquakes, subsidence or failure of public or private telecommunications networks.
• “Consumer Code”: Legislative Decree No. 206 of 6 September 2005, as amended and supplemented, in force at the date of publication of these General Terms and Conditions.
• “General Terms and Conditions of Sale” or “General Terms and Conditions”: these general terms and conditions for the sale of Products on the Website, which constitute a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of the Consumer Code and by Legislative Decree No. 70 of 9 April 2003 on electronic commerce. For the terms and conditions of use of the Website and access to the Platform, reference is made to the Terms of Use of the Website.
• “Order Confirmation”: the statement confirming the Order issued by the Seller in accordance with these General Terms and Conditions.
• “Consumer”: pursuant to Article 3(1)(a) of the Consumer Code, any natural person who, in relation to the purchase of Products, is acting for purposes unrelated to their entrepreneurial, commercial, professional or craft activities and who uses the Platform on a personal basis, in accordance with the Terms of Use.
• “Cookie Policy”: the information provided to Users regarding the use of cookies through the Website, including how to set preferences, available in the dedicated “Cookie Policy” section.
• “GDPR”: Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data.
• “Operator”: Ma-Rè, which uses external third parties to create and design the Website and technological solutions for users and operators of the Internet. The Operator may act – with respect to Users and for the purposes of these General Terms and Conditions – on behalf of the Seller, as manager of the Platform and of certain Services, pursuant to an appointment as external data processor under Article 28 GDPR and in accordance with the Privacy Policy.
• “Total Amount Due”: the total amount due from the User, consisting of the Product price, the Shipping costs, if any, and any additional costs, as resulting from the Order Confirmation.
• “Consumer Policies”: the policies provided to Consumers in accordance with the Consumer Code, namely the Withdrawal and Returns Policy /found under the FAQ’s section) and the Legal Guarantee of Conformity Policy.
• “Privacy Policy”: the information provided to Users pursuant to Article 13 GDPR on personal data processing, available in the “Privacy Policy” section.
• “Order Form”: the method of issuing an Order without registration, for the purchase of Products pursuant to Article 4.2 of these General Terms and Conditions.
• “Order”: the purchase proposal issued by the User through the Website (via the Order Form), in accordance with Article 4.2.
• “Multiple Order”: an Order concerning several Products.
• “Party” or “Parties”: the Seller and/or the Operator and/or the User, severally or jointly.
• “Platform”: the online platform for the sale of Products, accessible via the Website. The Seller may link to or associate the Platform with third-party websites, hosted platforms and other products or services, in accordance with the Terms of Use and applicable personal data legislation.
• “Product” and “Product Information Sheet”: the Ma-Rè products produced and sold by the Seller through the Platform, in the quality and quantity specified in the relevant Product Information Sheet, which indicates their main characteristics and price.
• “Platform Services” or “Services”: the services provided by the Seller and/or the Operator through the Platform, including information services on the Products (Product Information Sheets), sales, after-sales and customer service, and services in the event of withdrawal, returns or complaints, in accordance with these General Terms and Conditions and the relevant Consumer Policies.
• “Website”: the website www.ma-re.com.
• “Shipping”: the delivery of the Product by the Seller to the courier, for shipment to the address specified by the User in the Order.
• “Terms of Use”: the terms and conditions for access to and use of the Website, available in the “Terms of Use” section.
• “User”: any user of the Website and/or the Platform who places Orders and purchases Products, whether a Consumer or a Professional.
1.2 These General Terms and Conditions of Sale apply to all sales of Products made via the Platform. By accessing the Platform, clicking on the appropriate “accept” button and/or using the Services, the User declares that they have read and agree to be bound by these General Terms and Conditions, which can be accessed together with the Consumer Policies, the Privacy Policy, the Cookie Policy and the Terms of Use of the Website.
1.3 If these General Terms and Conditions are accepted on behalf of third parties (natural or legal persons, entities, associations or other organisations), the User represents and warrants that they have the necessary powers of representation and are legitimately authorised to accept the General Terms and Conditions on behalf of the represented party.
1.4 If the User does not accept these General Terms and Conditions, they may not access and/or use the Platform and/or the Services.
1.5 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall be effective from the moment they are published on the Website in the “Terms and Conditions of Sale” section found under the “FAQ’s” section. Users are therefore encouraged to visit the Website regularly and, before each purchase, to read the most recent version of the General Terms and Conditions of Sale. Continued use of the Platform and/or Services following publication of amendments shall imply acceptance of such amendments.
1.6 The applicable General Terms and Conditions of Sale are those in force and published on the Website at the time the Order is placed.
1.7 These General Terms and Conditions of Sale do not govern the sale of products and/or provision of services by parties other than the Seller that may appear on the Website via links, banners or other hypertext links. For such third-party offerings, reference is made to the respective terms and conditions of sale or service.
2. Access to the Website, registration and purchases
2.1 The purchase of Products on the Platform, following the procedure set out in Articles 3 and 4 below, is only permitted to persons aged eighteen (18) years or over. The User represents and warrants that they are of legal age and possess the legal capacity required by law to accept these General Terms and Conditions and undertake to comply with them. The Services are not intended for minors under 18 years of age. The Seller and/or the Operator reserve the right to verify, by lawful and appropriate means, whether a User is in fact over the age of 18 and, if necessary, to prevent access to the Services and/or cancel the User’s account. Persons under 18 years of age may not make purchases on the Website and are not allowed to register and make Orders.
Purchasers that are not Italian citizens may only purchase Products on the Website if they are of legal age under their national law. The User who makes purchases on the Website agrees to hold the Seller harmless from any liability if they purchase without complying with the age limits laid down in their national law.
2.2 The User undertakes to comply with these General Terms and Conditions and acknowledges that the Seller reserves the right, at its sole discretion, to refuse, annul and/or cancel Orders of Products that come from: (i) a User with whom the Seller has an ongoing legal dispute, including for the recovery of any sums of money or credits; (ii) a User who has violated these General Terms and Conditions; (iii) a User who, to the Seller’s knowledge based on non-confidential public information, has been involved in fraud of any kind and, specifically, in fraud relating to credit card payments; (iv) Users who have provided false, incomplete or otherwise inaccurate identification data during registration and/or when placing an Order.
These General Terms and Conditions of Sale govern the offer and sale of products on this website www.mar-rè.com
The products marketed on the Website, are offered and sold by the company Ma-Rè., with registered office in Viale Fra Bartolomeo 7, Milano, 20146 (MI), registered with the Chamber of Commerce of Milano Monza Branza e Lodi, under Partitia Iva No. 11664470967 (hereinafter referred to as the “Seller”).
Before completing any on-line purchase of products on the Website, the User must carefully read and accept these General Terms and Conditions of Sale that the Seller makes available to it in the “Terms and Conditions of Sale” section and which it is allowed to save and reproduce, as specified below.
In any case, please read the Terms of Use of the Website, the Consumer Policies and the provided pursuant to the so-called GDPR for personal data processing which is contained in the Privacy Policy, as well as the Cookie Policy.
1. Definitions, subject matter and scope
1.1 Definitions.
In these general terms and conditions, terms appearing with a capital letter, whether singular or plural, shall have the meaning given below, unless a different meaning is indicated:
• “Force Majeure” means events beyond the Seller’s control, including but not limited to pandemic and epidemic events or other natural disasters, strikes, lockouts or other trade union actions by third parties, civil disturbances, riots, invasions, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or threat or preparation for war, fires, explosions, storms, floods, earthquakes, subsidence or failure of public or private telecommunications networks;
• “Consumer Code”: the Legislative Decree No. 206 of 6 September 2005, as amended and supplemented, as in force at the date of publication of the General Terms and Conditions;
• “General Terms and Conditions of Sale” or just “General Terms and Conditions”: these General Terms and Conditions for the sale of Products on the Website, which constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of the Consumer Code and by Legislative Decree No. 70 of 9 April 2003, containing the rules on electronic commerce (for the terms and conditions of use of the Website and access to the Platform, please also refer to the Terms of Use of the Website, which can be accessed via the link Terms of Use of the Website);
• “Order Confirmation”: the statement confirming the Order issued by the Seller, in accordance with the General Terms and Conditions;
• “Consumer”: pursuant to Article 3, paragraph I, letter a) of the Consumer Code, natural persons who, in relation to the purchase of Products, are acting for purposes unrelated to their entrepreneurial, commercial, professional or craft activities and who use the Platform, on a personal basis, in accordance with the Terms of Use;
• “Cookie Policy”: the information provided to Users regarding the use of cookies through the Website, including how to set their preferences, available at Cookie Policy
• “GDPR”: the EU Reg. 679/2016 on the processing of personal data found in the Privacy Policy;
• “Operator”: Ma-Rè., an Italian company that uses external third party to create and design the website and technological solutions for users and operators of the Internet, including director of Ma-Rè; the Operator may act – with respect to Users and for the purposes of these General Terms and Conditions – on behalf of the Seller, as manager of the Platform and of certain Services, as per the Operator’s appointment as external data processor pursuant to Article 28 of the GDPR and in accordance with the provisions of the Privacy Policy;
• “Total Amount Due”: the total amount due, consisting of the Product price, the Shipping costs, if any, and any other additional costs, as resulting from the Order Confirmation;
• “Consumer Policies”: the policies provided to Consumers in accordance with the Consumer Code, namely the Withdrawal Policy and the Legal Guarantee of Conformity Policy, on returns or complaints, available at Withdrawal Policy and the Legal Guarantee of Conformity Policy;
• “Privacy Policy”: the policy provided to Users, pursuant to Article 13 of the GDPR on personal data processing, available at Privacy Policy;
• “Order Form”: method of issuing an Order without Registration, for the purchase of Products pursuant to Article 4.2 of these General Terms and Conditions;
• “Order”: the purchase proposal issued by the User by filling in the Order Form on the Website, in accordance with Article 4.2 of the General Terms and Conditions;
• “Multiple Order” means Orders for several products;
• “Party” or “Party”: the Seller and/or the Operator and/or the User, severally or jointly;
• “Platform”: the online platform for the sale of Products, accessible via the Website. The Seller may link to or establish an association with third-party websites, hosted platforms, and other products and services. It will be possible to connect to these third-party services through the Platform in accordance with the conditions of use as detailed in the Website’s Terms of Use and the applicable personal data processing legislation;
• “Product” and “Product Information Sheet”: Ma-Rè, produced and sold by the Seller through the Platform, in the quality and quantity specified in the relevant Product Information Sheet, which indicates its main characteristics as well as its price
• “Platform Services” or only the “Services”: the services provided by the Seller and/or the Operator through the Platform, which consist of making information services on the Products available to the Users, as per the relevant Product Information Datasheets, sales, after-sales and customer service services, services in the event of withdrawal, returns or complaints, in accordance with the provisions of the General Terms and Conditions and the relevant Consumer Policy, available at General Terms and Conditions and the relevant Consumer Policy;
• “Website”: the website www.ma-rè.com
• “Shipping”: means the delivery of the Product by the Seller to the courier, for shipping to the address specified by the User in the Order;
• “Terms of Use”: the terms and conditions for access to the Website, available Terms of Use;
• “User”: the user of the Website and/or the Platform to place Orders and purchase Products, as a Consumer or Professional.
1.2 The General Terms and Conditions of Sale shall apply to all sales of Products made via the Platform. By accessing the Platform and clicking on the appropriate “accept” button and/or using the Platform Services, the User declares that it has read and agrees to be bound by these General Terms and Conditions, which may be accessed together with the Consumer Policies, the Privacy Policy, the Cookie Policy and the Terms of Use of the Website.
1.3 If the General Terms and Conditions are accepted on behalf of third parties (natural or legal persons, bodies, associations or other entities), the User represents and warrants that it has the power of representation and, in any case, that it is legitimately authorised to render acceptance of the General Terms and Conditions, thereby binding the represented party.
1.4 If the User does not accept these General Terms and Conditions, it may not access and/or otherwise use the Platform and/or Services.
1.5 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall be effective from the moment they are published on the Website, in the
“Terms and Conditions of Sale” section. Users are thus urged to visit the Website on a regular basis and, prior to any purchase, to read the most recent version of the General Terms and Conditions of Sale. Continued use of the Platform and/or Services following the publication of amendments to these General Terms and Conditions shall imply acceptance of such amendments.
1.6 The applicable General Terms and Conditions of Sale are those that most recently became effective and were published on the Website.
1.7 These General Terms and Conditions of Sale do not govern the sale of products and/or the provision of services by parties other than the Seller which show on the Website via links, banners or other hypertext links, as provided for in the Terms of Use of the Website, which are available at Terms of Use of the Website.
1. Accessing the Website, Registration and Purchases on the Website.
2.1. The purchase of Products on the Platform on the basis of the procedure set out in Articles 3 and 4 below, is only permitted to persons aged 18 years or over. The User represents and warrants that it is of legal age and possess the legal capacity required by law to accept the General Terms and Conditions and undertake to comply with their provisions, noting that the Services are not intended for minors under 18 years of age. The Seller and/or the Operator reserve the right to verify by reliable, legal and permitted means, whether a User is in fact a person over the age of 18, and, if necessary, to prevent them from having access to the Services and/or cancel their User’s Account. Persons under 18 years of age may not make purchases on the Website. Such persons therefore are not allowed to register and make purchases on the Website.
Purchasers that are not Italian citizens may only purchase Products on the Website if they are of legal age under their national law. The User which makes purchases on the Website agrees to hold the Seller harmless from any liability in the event that the User made purchases on the Website without complying with its national law on age limits.
2.2.The User undertakes to comply with the General Terms and Conditions and acknowledges that the Seller reserves the right, at its sole discretion, to refuse, annul and/or cancel Orders of Products that come from: i) a User with which the same has an ongoing legal dispute, including for the recovery of any sums of money or credits; ii) a User that has violated the General Terms and Conditions; iii) a User that has been involved, to the Seller’s knowledge, according to news and information that is not expressly confidential and/or that is in the public domain, in fraud of any kind and, specifically, in fraud relating to credit card payments; iv) Users that have provided false, incomplete or otherwise inaccurate identification data during the Registration and/or Order issuance phases.
3 Purchases via the Platform
3.1 Purchases of Products on the Platform are made by issuing an Order: i. as a non-registered User and by filling in the Order Form by clicking on “Add to basket” for the Order to be issued, with a payment order, in accordance with the provisions of Article 4.2.
3.2 In accordance with Legislative Decree of No. 70 of 9 April 2003, laying down provisions on electronic commerce, and in any case in compliance with the provisions of the Privacy Policy available at this link, the Seller informs the User that:
1. i) in order to enter into the contract for the purchase of one or more Products on the Website, the User shall fill in the Order in electronic format, by clicking on the “Add to basket” button where it will be possible to complete the order with an “Order Form with obligation to pay” being issued. The User shall send the latter to the Platform electronically, following the instructions that will be provided on the Website at each step of the procedure, proceeding to the payment of the Total Amount Due, as provided for in Article 6 of the General Terms and Conditions and indicating the Shipping address, as provided for in Article 9 below;
2. ii) before sending the Order, the User will be able to identify and correct any data entry errors by following the instructions on the Website.
The personal data collected with the issuance of the Order will be processed by the Seller and/or the Freight Forwarder and/or third parties providing services for the operation of the Platform in accordance with the provisions of the Privacy Policy, which is available at this link.
3.3 Once the Order – issued via the Order Form, according to Articles 3 and 4.2 of the General Terms and Conditions – has been received and registered on the Platform, and after confirmation is received of the validity of the payment method used, as well as of the Shipping address, according to Articles 6 and 9 of the General Terms and Conditions, the User will be sent an Order Confirmation via e-mail to the e-mail address indicated at the time of Order, and in an automated way, according to the functionalities of the Platform. The purchase contract shall be entered into upon issuance of the Order Confirmation containing:
1. a) a summary of the General Terms and Conditions of Sale, including the Consumer Policies, if applicable, and the Privacy Policy, which form an integral part thereof, as well as of the special conditions applicable to the Order Confirmation. Such conditions shall prevail over the General Terms and Conditions in the event of conflict,
2. b) information on the essential features of the Product purchased and the relevant Product Information Sheet,
3. c) details of the Total Amount Due.
You should keep the e-mail received as proof of purchase.
3.4 The Order Confirmation will be filed in the Platform’s database for the time required for its completion and, in any case, in accordance with the procedures and time limits established by law.
3.5 Users must issue their Order and the Order Confirmation, as provided for in Articles 3 and 3.2 of the General Terms and Conditions, in Italian. Customer Services, as provided for in Article 12 of the General Terms and Conditions, will be able to communicate with the Users in Italian.
3.6 Please note that the Seller will not accept orders by telephone and/or e-mail or in any other manner other than as provided for in Articles 3 and 3.2 above. Telephone and/or e-mail orders may therefore not be used.
4 Product information; Prices and Product Availability.
4.1 The Products on sale are those described on the pages of the Website, where each Product is accompanied by a Product Information Sheet. This information may be subject to modifications, periodic updates, for the purpose of further improving the Product, in accordance with the provisions of the General Terms and Conditions and Consumer Policies, available at this link.
For purchases made in accordance with Articles 4 of the General Terms and Conditions, the Product description set out in the Product Information Sheet, as per the Order issued through the Order Confirmation, shall prevail.
4.2 The Seller hereby reserves the right to change the price of the Products at any time, without prior notice, it being understood that the price charged to the User will be the one included in the Product Information Sheet at the time the Order is placed at the time of the Order Confirmation in accordance with the provisions of Articles 4.2 of the General Terms and Conditions and that any fluctuations (upwards or downwards) following the transmission of the same shall not be taken into account.
4.3 Products may be offered for sale on the Website at discounted prices. The full price indicated on the Website and against which the discount applied by the Seller is calculated, corresponds to the list price published on the Website.
4.4 If a Product is offered on the Website at a discounted price, the Product Information Sheet shall also indicate the full price with respect to which the discount has been calculated.
4.5. The Product Shipping costs may be fixed or variable, and are calculated according to the number of Products selected and/or the destination address of the Products, as per the Order Confirmation. Shipping costs may also be included in the sale price of certain Products or may be free of charge if the total amount of the Order exceeds a specific value or following a specific promotion. However, the User shall always be informed of the Shipping costs amount before concluding the purchase procedure, placing the Order and making the payment.
The number of Products offered on the Website is limited. The Product ordered may, therefore, no longer be available after the Order is placed, also due to the possibility that several Users purchase the same Product at the same time.
4.6 If the Product referred to in the Order is unavailable, without prejudice to the other rights attributed to the User by law and, specifically, by Chapter XIV of Title II of Book IV of the Italian Civil
Code, the Seller shall immediately notify the User by e-mail to the e-mail address specified in the Order or at the time of Registering on the Website. If this occurs, the Seller shall not issue an Order Confirmation and the purchase shall not be completed.
4.7 If the User, or Consumer, avails themselves of the right of Withdrawal referred to in Article 61, paragraphs IV and V, of the Consumer Code, and the payment of the Total Amount Due has already been made, the Seller shall refund the Total Amount Due promptly and, in any case, within 14 calendar days from receipt of the notice of withdrawal sent by the User. Please refer, in any case, to the provisions on withdrawal in the Consumer Policy, available under the FAQ’s section of the website. The amount of the reimbursement shall be communicated to the User by e-mail to the e-mail address provided when registering on the Website or when issuing the Order Confirmation and credited to the same means of payment used by the User for the purchase. Any delays in crediting the amount may depend on the type of credit card or the form of payment used. In any case the value date of the credited sum shall be the same as the charged sum.
4.8 Paragraphs 7 and 8 above shall also apply in the case of a Multiple Order if (i) all the Products covered by the Multiple Order are unavailable or (ii) only some of the Products are unavailable, it being understood that in the latter case such provisions shall only apply in relation to the unavailable Products.
5. Payments
5.1 Upon issuing the Order, in the manner provided for in Articles 4.2 of the General Terms and Conditions, the User shall pay the Total Amount Due, in accordance with the payment methods provided for in Article 7 of the General Terms and Conditions. Placing an Order entails an obligation to pay; the Platform will not issue the Order Confirmation until it receives confirmation of the successful payment of the Total Amount Due, without prejudice, in any case, to the provisions of Article 8 below regarding the Shipping address.
5.2 If the Total Amount Due is not paid or the successful completion of the payment is not confirmed, no Order Confirmation will be issued, the Order will be annulled/cancelled and the purchase contract will not be entered into.
In that case, the User will be notified by e-mail to the e-mail address provided at the time of Registering on the Website and/or upon placing the Order pursuant to Article 3.2 of the General Terms and Conditions of the failure to issue the Order Confirmation and the resulting cancellation of the Order.
5.3 The Products shall remain the Seller’s property until the Order Confirmation has been issued.
5.4 In the Order Confirmation e-mail, in addition to the content referred to in Article 3.2, the User will also find an indication of the Order number, which will be needed for all subsequent communications with the Seller, as well as the invoicing address.
5.5 The tax invoice request must be submitted with the Order, in accordance with the provisions set forth in Art. 3 or Art. 4.2 of the General Terms and Conditions, and involves the addition of further information required to fill in the tax document. The User accepts that the invoice related to the purchase of the Products, issued by the Seller, be sent to the e-mail address that the User will have communicated when registering on the Website or when placing the Order. A copy will then be sent to the User that has requested it in accordance with this Article 5.
6. Right of Withdrawal
6.1 The User-Consumer has the right to withdraw from the contract for the purchase of the Product, without having to provide any reason, within fourteen calendar days of receipt of the Products, without having to incur any costs other than those provided for in the Consumer Policies, which is available at this link and which the User expressly declares that it read and accepted and to which reference is made, as documents annexed to these General Terms and Conditions and forming an integral part thereof.
6.2 If the withdrawal is not exercised in accordance with the provisions of the applicable legislation, as set out in the General Terms and Conditions and Consumer Policies, it shall not result in the termination of the contract and, consequently, shall not entitle the consumer to any return or refund, as set out in the Consumer Policy, which is available at this link.
6.3 If, pursuant to the applicable law, the right of withdrawal does not apply, this exemption shall be specifically and expressly communicated in the Consumer Policy, which is available under the FAQ’s section of the website, in any case, during the purchase process, before the User places the Order.
7. Payment methods
7.1 Payment of the Total Amount Due may be made by: credit or debit card, or by PayPal, as provided for directly by the operators of the chosen payment systems. The User will be redirected to the websites of the operators of the payment services chosen and shall pay the Total Amount Due according to the authentication and payment procedure provided for and regulated by these operators, in accordance with the terms and conditions of the contract agreed between the User and these operators. the conditions of which may be accessed via the link.
7.2 To guarantee the security of payments, Users are reminded that the operators of the payment systems chosen in accordance with the procedures set out in Article 7.1 may require the User to recognise, through an automated system, the data indicated by the User before making the payment of the Total Amount Due.
7.3 The personal and confidential data relating to the payment method used (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment operator referred to in Article 7.1 without passing through the Platform and the servers used by the Seller, in accordance with the security procedures implemented by the Seller and the Operator, as provided for in the Privacy Policy, available at this link. The Seller therefore shall never have access to nor store any data relating to the payment means used by the User to pay for the Products.
8. Shipping of Products – Consumer Services
8.1 The Products purchased on the Website shall be shipped to the Shipping address indicated by the User and listed in the Order Confirmation. 9.8 The Shipping obligation is fulfilled through the transfer of material availability or, in any case, availability of the Product(s) to the User. Any risk of loss or damage to the Product(s) which cannot be attributed to the Seller, will pass onto the User, once the latter or a third party designated by the User other than the courier materially gains possession of the Products once Shipping is complete.
8.2 The Seller will only ship the Products purchased on the Website in Italy, San Marino or the Vatican City State. Therefore, the User’s Shipping address entered in the Order form must be located within Italy, San Marino or the Vatican City State.
In addition, Shipping cannot be carried out at post boxes or mail stops.
8.3. If the Shipping address is outside Italy, San Marino or the Vatican City State, or is carried out at a post box or mail stop, the Seller will not issue the Order Confirmation.
8.4 The Product Shipping costs, which may vary depending on the Shipping method chosen by the User, and any other additional costs, shall be borne by the User, as included in the Total Amount Due.
The amounts shall be expressly and separately indicated (in Euros) in the Product Information Sheet and in the Order Confirmation
8.5 The Shipping terms are those indicated in the Order Confirmation. They shall become effective from the moment the Order Confirmation is issued. If no deadline term is indicated, the Shipping will, in any event, be made within thirty days of the date on which the Order Confirmation is issued. Shipping times are calculated only considering business days and excluding Saturdays, Sundays and public holidays.
8.6 When Shipping takes place, that is to say when Products are handed over to the courier, a Shipping Confirmation e-mail containing a link that will enable the User to monitor the Shipping progress shall be sent to the User.
8.7 It is the responsibility of the User to check the conditions of the Product upon delivery. Therefore, the User is hereby advised to check the integrity of the packaging and the number of Products received and to note any anomalies on the courier’s shipping document. If the packaging shows obvious signs of tampering or alteration, the User should promptly notify Customer Service of such signs. This is without prejudice to the application of the rules on the right of withdrawal and the legal guarantee of conformity, in accordance with the provisions of the relevant Consumer Policies, available at this link and which the User expressly declares to have read and accepted. For Professional Users, the guarantees in accordance with the law apply.
8.8 The User acknowledges that, as a result of the purchase contract, it is under a specific obligation to collect the Product. In the case of failure to complete Shipping due to the absence of the recipient at the address specified in the Order Confirmation, the courier shall leave a notice in the letterbox adding a contact number. The courier shall then make a second delivery attempt. After two failed attempts to deliver the product, the parcel shall be placed in the “unclaimed goods” section. Customer Service shall send an e-mail to the User to have the package held in storage released and ensure that it is delivered as soon as possible. If necessary, the Customer Service department shall agree on a different delivery address with the User. If this attempt is also unsuccessful or the User does not respond to the Customer Service’s attempt to contact it, the Product shall be sent back to the Seller, and the contract shall, in any event, be deemed terminated in accordance with Article 1456 of the Italian Civil Code and the purchase order shall be considered cancelled 14 calendar days after the first delivery attempt.
The Seller shall thus arrange, within 14 business days from termination of the contract, the refund of the Total Amount Due paid by the User, deducting the expenses for the unsuccessful Product delivery, the expenses for returning the Product to the Seller and any other expenses it may have incurred due to the recipient’s absence. The user shall be informed of the contract termination and the amount of the refund by e-mail.
If, before the expiry of the thirty-day period, the User asks to be provided with the Product again, the Seller shall arrange for a second Shipping upon charging, in addition to the shipping costs, the costs of returning the Product to the Seller and the costs of storage.
8.9 If the purchased Product is not delivered or its delivery is delayed with respect to the terms of Shipping indicated in the Order Confirmation, the User-Consumer, in accordance with Article 61 of the Italian Consumer Code, shall urge the Seller to perform delivery within an additional time limit, suitable to the circumstances (“Additional Time Limit under Article 61, paragraph 3, of the Italian Consumer Code”). If this additional time limit expires before the Products are delivered, the User shall be entitled to terminate the contract (“Termination of the Contract in accordance with Article 61, paragraph 3, of the Italian Consumer Code”), without prejudice to the right to compensation for damages.
The User shall not be obliged to grant the Seller the Additional Time Limit pursuant to Art. 61, paragraph 3, of the Italian Consumer Code (“Exceptions”) if a) the Seller has expressly refused to deliver the Products; b) compliance with the delivery period specified during the purchase process and in the order confirmation shall be deemed crucial based on all the circumstances around the entry into the contract; c) the User has informed the Seller, prior to entering into the contract, that delivery by or on a specific date is essential. Where one of the Exceptions applies, if the User does not receive the Products on or before the delivery time indicated during the purchase process and in the Order Confirmation, the User is entitled to terminate the contract immediately, without prejudice to the right to claim damages (“Termination of Contract where Exceptions apply”).
The User shall notify the Seller of the Additional Time Limit pursuant to Art. 61 paragraph 3 of the Italian Consumer Code and of the notice of Termination of Contract pursuant to Art. 61, paragraph 3 of the Italian Consumer Code or Termination of Contract where Exceptions apply at the addresses set forth in Article 13 below.
In the event of Termination of Contract pursuant to Art. 61, paragraph 3, of the Italian Consumer Code or Termination of Contract where Exceptions apply, the Seller shall refund the Total Amount Due to the User-Consumer without undue delay. The refund shall be completed as specified in Article 9.11 below. This is without prejudice to the possibility for the User to avail itself, at any time, of these remedies and/or the ordinary remedies made available by law and, specifically, by Chapter XIV of Title II of Book IV of the Italian Civil Code.
8.10 In all cases where a refund is due to the User, in accordance with this Article 9, the refund amount shall be notified to the User via e-mail. The refund shall be credited to the User through the same payment means used for the purchase. Any delays may depend on the type of credit card, or the form of payment used. In any case the value date of the credited sum shall be the same as the charged sum.
9. Legal guarantee of Conformity
9.1 The Products sold on the Platform that can be accessed through the Website may be covered, for Consumers, by the Legal Guarantee of Conformity provided for by Articles 128-135 of the Italian Consumer Code (“Legal Guarantee of the Consumer”), in accordance with the provisions of the Consumer Policies, including the Legal Guarantee of Conformity Policy, which the User expressly declares to have read and accepted and to which reference is made, as documents annexed to these General Terms and Conditions and forming an integral part thereof.
9.2 It is understood that the Legal Guarantee exclusively applies to the benefit of Consumers, while Professional Users are covered by the legal guarantees applicable to them.
10. Applicable law and jurisdiction, out-of-court settlement of disputes – Alternative dispute resolution (ADR)
10.1 The General Terms and Conditions shall be governed by Italian law, the application of the so-called Vienna Convention being expressly excluded.
10.2 The courts of the place where the User resides or has elected domicile shall have jurisdiction, for Consumers, over any dispute relating to the application, implementation and interpretation of these General Terms and Conditions of Sale. With regard to Professional Users, the Court of Milano shall have jurisdiction.
10.3 An exception applies to User-Consumers whose habitual residence is not in Italy, to whom any more favourable and binding laws of the Country in which they habitually reside shall apply, particularly with regard to the term for exercising the right of withdrawal, the term for returning Products (where this right is exercised), the forms and procedures for communicating said exercise and the Legal Guarantee of Conformity, in accordance with the provisions of the Consumer Policies, available at this link.
10.4 Pursuant to Article 141-sexies, paragraph 3, of the Italian Consumer Code, where the User-Consumer has submitted a complaint to the Seller, following which a negotiated solution could not be found, in accordance with the provisions of the appropriate Policy (available at this link), the Seller shall provide the User-Consumer with information regarding the Alternative Dispute Resolution bodies for the out-of-court settlement of disputes in relation to obligations deriving from a contract entered into with the Consumer on the basis of the General Terms and Conditions of Sale (so-called ADR bodies, as specified in Articles 141-bis et seq. of the Italian Consumer Code).
10.5 The Seller also informs User-Consumers that a European platform for the on-line resolution of consumer disputes (the ODR platform) has been established. The ODR platform is available at the following link: http://ec.europa.eu/consumer/odr/; through the platform in question, the consumer may find a list of ADR bodies and the related links to their respective websites, and initiate an online dispute resolution procedure to resolve the dispute in question.
10.6 The above is without prejudice to the right of User-Consumers to resort to the court with jurisdiction in relation to any disputes stemming from these General Terms and Conditions of Sale, regardless of the outcome of the out-of-court procedure, as well as to initiate an out-of-court dispute resolution procedure pursuant to Part V, Title II-bis of the Italian Consumer Code where the relevant requirements are met.
10.7 Users residing in a member state of the European Union other than Italy may, in addition, have access to the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 for all disputes relating to the application, performance and interpretation of these General Terms and Conditions of Sale, provided that the value of the dispute does not exceed EUR 2,000.00, excluding interest, fees and expenses. The text of the regulations may be consulted at www.eur-lex.europa.eu.
11. Customer Service
11.1 Customer Service may be contacted in accordance with the provisions of the Consumer Policies, available at this link. Users may request information, send notices, request assistance or submit returns or complaints by contacting Customer Service in the following ways:
-by e-mail to info@ma-rè.com;
-by filling in and sending the Customer Service contact request form, available in the Website “Contact Us” section;
Customer Service will respond within five working days of receipt of requests by e-mail, to the address provided during Registration or when issuing the Order Form. To this end, Users’ personal data shall be processed in accordance with the provisions of the Privacy Policy, which is available at this link.
12. Privacy and Cookie
The Seller warrants that the Users’ personal data are collected and processed in compliance with the GDPR and applicable legislation on personal data processing.
The User is requested to read and refer to the provisions of the Privacy Policy and the Cookie Policy, which are to be considered an integral and substantive part of these General Terms and Conditions.
If necessary, for the use of specific services, the User may also be asked to provide its express consent to the processing of its personal data.
13. Force Majeure
13.1 If Force Majeure Events take place which affect the performance of the Seller’s and/or Operator’s obligations under these General Terms and Conditions:
1. a) the User shall be informed as soon as reasonably feasible;
1. b) the obligations of the Seller and/or the Operator under these General Terms and Conditions shall be suspended and the period for performance of such obligations shall be extended for the same amount of time as the duration of the Force Majeure Event.
13.2 In the event that Force Majeure Events affect the delivery time of the Product, the Seller shall arrange for a new Shipping date when such Event has been resolved. In any case, the right of Withdrawal shall remain available to the Consumer, as provided for in the policy available at this link.
14. Express double acceptance
Pursuant to Article 1341 of the Italian Civil Code, the User represents to have carefully read the following articles, the content of which it specifically approves: Art. 5 (PRODUCT INFORMATION; PRICES AND AVAILABILITY OF PRODUCTS), Art. 7 (RIGHT OF WITHDRAWAL), Art. 11 (APPLICABLE LAW AND JURISDICTION, OUT-OF-COURT SETTLEMENT OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION (ADR)).