In the following conditions, "WebsiteOwner" refers to The New Order by The New Order s.r.l.
General Conditions of Sale
Effective from 01/01/2016.
The following General Conditions of Sale regulate the offer and sale of products on this website (also, alternatively, the "Website").
The products and/or services purchased on the Website are offered and sold by the commercial partners affiliated with The New Order s.r.l. and by The New Order s.r.l. itself.
You can request any information and/or send communications and/or submit complaints regarding sales, purchase orders, products, payments, and shipments by contacting The New Order s.r.l. Customer Service ("Customer Service"), using the methods set out in art. 16.
1. Scope of application
1.1 The sale of products through the Website ("Products") constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the regulations on e-commerce.
1.2 These General Conditions of Sale apply to all sales made by The New Order s.r.l. on the Website.
1.3 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication in the "Conditions of Sale" section of the Website. For this reason, users are invited to regularly access the Website and consult the most updated version of the General Conditions of Sale before making any purchase. The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
The user is required to carefully read these General Conditions of Sale, which The New Order s.r.l. makes available to them in the "Conditions of Sale" section of the Website and which they are allowed to store and reproduce, as well as all other information that The New Order s.r.l. provides them on the Website, both before and during the purchase procedure.
1.4 These General Conditions of Sale are applicable only to the Italian territory. They do not govern the sale of products and/or the provision of services by subjects other than The New Order s.r.l. who are present on the Website via links, banners or other hyperlinks. Before conducting commercial transactions with such subjects, it is necessary to verify their conditions of sale. The New Order s.r.l. is not responsible for the provision of services and/or for the sale of products by such subjects. The New Order s.r.l. does not carry out any control and/or monitoring on the websites that can be consulted through these links. The New Order s.r.l. is therefore not responsible for the content of these sites or for any errors and/or omissions and/or violations of law by them.
2. Purchases on the site
2.1 Access to sales made through the Website is reserved exclusively for users who are 18 years of age or older and who are registered on the Website, by creating a The New Order s.r.l. account.
2.2 Access to the offers on the Website is permitted both to users who are consumers, as defined by art. 3, paragraph 1, letter a) of the Consumer Code, meaning individuals who, in relation to the purchase of Products, act for purposes unrelated to any commercial, craft, entrepreneurial or professional activity carried out, and to users who are not consumers according to this definition.
2.3 Resellers or wholesalers, or in general, all subjects who intend to purchase Products for the purpose of subsequent resale, may not make purchases on the Website under any circumstances. It is therefore prohibited for such subjects to register on the Website and make purchases on the Website.
2.4 The New Order s.r.l. reserves the right to refuse or cancel orders placed by (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these General Conditions of Sale and/or the conditions and/or terms of a purchase contract with The New Order s.r.l.; (iii) a user who has been involved in fraud of any kind and, in particular, in credit card payment fraud; (iv) users who have provided false, incomplete, or inaccurate identification data or who have not promptly sent "The New Order s.r.l." the documents requested by it as part of the procedure referred to in art. 9.3 below or who have sent invalid documents; (v) users who do not provide sufficient guarantees of solvency.
3. Website registration
3.1 Website registration is free. To register on the Website, the user must complete the registration form, entering their first name, last name, and email address. Registration will be confirmed via email to the user who, to complete the registration process, must click on the appropriate link contained in the received communication, entering the password that will be indicated in the same email.
3.2 Registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform The New Order s.r.l. without delay by contacting them as indicated in art. 16, in case of suspected improper use and/or disclosure thereof. The user guarantees that the personal information provided during the Website registration process is complete and truthful. Each user is allowed to register on the Website only once. The same user is prohibited from making multiple registrations. In the event that The New Order s.r.l. discovers that the same user has made multiple registrations on the Website, The New Order s.r.l. reserves the right to immediately and without prior notice block the relevant account. The user agrees to indemnify The New Order s.r.l. from any damage, compensation obligation and/or penalty arising from and/or in any way connected to the user's violation of the rules on Website registration or on the storage of registration credentials.
4. Information regarding contract conclusion
4.1 In accordance with Legislative Decree 9 April 2003, n. 70 concerning e-commerce, The New Order s.r.l. informs the user that:
– to conclude the contract for the purchase of one or more Products on the Website, the user must fill out an electronic order form and transmit it to The New Order s.r.l. electronically, following the instructions that will appear from time to time on the Website and that will accompany the different stages of the purchase;
– the contract is concluded when the order form reaches The New Order s.r.l.'s server;
– before proceeding with the transmission of the order form, the user can identify and correct any data entry errors by following the instructions indicated on the Website from time to time and which will accompany the different stages of the purchase;
– once the order form has been registered and confirmation of authorization for payment of the total amount due has been received, The New Order s.r.l. will send the user, via e-mail to the indicated email address, the order confirmation, containing a summary of the General Conditions of Sale and the specific conditions applicable to the contract, information relating to the characteristics of the purchased Product, detailed indication of the price, the payment method used, information on the right of withdrawal, delivery costs and any additional costs, and the contact details of Customer Service, which the user can contact for assistance and/or complaints. It is recommended to keep the received e-mail as proof of purchase. The General Conditions of Sale applicable to the order, as well as the standard instructions on withdrawal and the standard withdrawal form referred to in art. 10 will be attached to the shipping confirmation e-mail referred to in art. 8.4 below;
– the order form will be stored in The New Order s.r.l.'s database for the time necessary to process the order and, in any case, within the terms of the law.
4.2 The languages available to users for the conclusion of the contract are Italian and English. Customer Service is able to communicate with users in the same languages.
5. Prices
5.1 All Product prices are expressed in Euro (€) and include Value Added Tax ("VAT") and, where applicable, the WEEE contribution. Shipping costs and any other additional costs, including VAT and expressed in Euro (€), will be expressly and separately indicated in the order form, before the user proceeds with its transmission, as well as in the order confirmation email.
5.2 The price of the Products may be modified by The New Order s.r.l. at any time, without notice, it being understood that the price charged to the user will be that published on the information sheet illustrating the main characteristics of the Product ("Product Sheet") at the time the order is sent. Any price variations (increases or decreases) subsequent to the transmission of the order will not be taken into account.
6. Purchase Orders – Product Information
6.1 The New Order s.r.l. will process the purchase order, and therefore ship the purchased Product, only after receiving confirmation of authorization for payment of the total amount due, consisting of the purchase price, delivery costs, if applicable, and any other additional costs, as indicated in the order form ("Total Amount Due"). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered automatically terminated pursuant to and for the effects of art. 1456 of the Civil Code. The user will be notified immediately after the transmission of the order, through the Website, of such termination and the consequent cancellation of the order.
6.2 The Products will remain the property of The New Order s.r.l.'s partners until the user has paid the Total Amount Due. The risk of loss or damage to the Products, for a cause not attributable to The New Order s.r.l., will instead be transferred to the user when the user, or a third party designated by them and other than the carrier, takes physical possession of the Products.
6.3 The Products offered on the Website are the items (for example: clothing items, footwear, accessories – e.g. costume jewelry, watches, glasses, small leather goods, etc.) present on the Website at the time the user places the order.
6.4 Each Product is accompanied by a Product Sheet. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the computer systems or computers used by users for their viewing. Furthermore, the images of the Product on the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with customary tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the user will prevail.
7. Product Availability
7.1 The products offered on the Website are limited in number. It may therefore happen, also due to the possibility that several users simultaneously purchase the same Product, that the ordered Product is no longer available after the purchase order has been transmitted. The assortment on the website www.maisonstudio.shop reflects the exact availability of each item by size and color. The site is in fact connected to all the stores and all the warehouses of The New Order s.r.l.'s partners. As an authorized retailer of all brands on the site, The New Order s.r.l. guarantees the authenticity of each item. Once the order request has been received, The New Order s.r.l.'s Order Department reserves the right to reconfirm the availability of the purchased items, the validity of the credit card transaction and to verify the details of previous transactions made by the Customer on the WEBSITE.
7.2 In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail. The user will, therefore, be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of article 61, paragraphs IV and V, of the Consumer Code. In the event that the user exercises the right of termination pursuant to article 61, paragraphs IV and V, of the Consumer Code, or in any case in which the payment of the total amount due has already occurred, The New Order s.r.l., without prejudice to the user's right to compensation for damages, will reimburse this amount without undue delay and, in any case, within a maximum of 15 working days from the sending of the order. The refund amount will be communicated to the user by e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card, or the payment solution used. In any case, the value date will be the same as the debit date. 7.3 In the case of orders concerning a plurality of Products ("Multiple Order"), if the subsequent unavailability concerns only some of the Products covered by the Multiple Order (without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of the preceding article 7.2, if the subsequent unavailability concerns all the Products covered by the order) The New Order s.r.l. will immediately notify the user by e-mail. The user will, therefore, be entitled to immediately terminate the contract, limited to the Product(s) that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the purposes of article 61, paragraphs IV and V, of the Consumer Code. In the event that the user exercises the right of termination referred to in article 61, paragraphs IV and V, of the Consumer Code, in relation to the Product(s) that have become unavailable, or in any case in which the payment of the total amount due has already occurred, The New Order s.r.l., without prejudice to the user's right to compensation for damages, will reimburse the amount due in relation to such Product(s) within a maximum of 15 working days from the sending of the order. The refund amount will be communicated to the user by e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card, or the payment solution used. In any case, the value date will be the same as the debit date. The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products covered by the Multiple Order that have become unavailable with respect to the other available Products covered by the Multiple Order.
8. Delivery of purchased products
8.1 Delivery is not free of charge. Delivery costs are to be paid by the user, unless otherwise indicated during the purchase process and/or in other parts of the Website. The amount of delivery costs payable by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds with its transmission. The indication of these costs will also appear in the "Profile - My Orders" section of the Website and in the order confirmation. For delivery in some areas, an additional cost may be required. This cost will be specifically indicated during the purchase procedure and, in any case, before its completion, as well as in the order summary. Delivery terms will be specifically indicated during the purchase procedure and in the order summary, and, in any case, before the user submits the order. They will also be indicated in the order confirmation and in the "Profile - My Orders" section of the Website. Delivery terms and costs are calculated taking into account, in addition to the delivery area, also the delivery method chosen by the user. In the event of failure to indicate a specific delivery term, delivery will in any case take place within thirty days from the date of conclusion of the contract.
8.2 The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user. It is up to the user to check the condition of the Product that has been delivered/picked up. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to The New Order s.r.l. is transferred to the user when the user, or a third party designated by the user other than the carrier, materially takes possession of the Product, the user is recommended to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, including the sealing materials, and is invited, in their own interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. Indeed, receipt of the Products without reservation does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in cases where the loss or damage is due to willful misconduct or gross negligence of the courier itself and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the package shows evident signs of tampering or alteration, the user is also recommended to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and legal guarantee of conformity remains unaffected.
8.3 Products purchased on the Website will be sent and delivered to the address indicated by the user during the order phase. Home Delivery will be carried out, unless otherwise specified, by the IoSpedisco courier from Monday to Friday, during normal office hours (from 9:00 to 18:00), excluding national holidays. The New Order s.r.l. reserves the right to use other carriers, without prejudice to compliance with the delivery method chosen by the user and the indicated delivery terms. Shipments in Italy and Europe are made via IoSpedisco courier. Any customs duties and import taxes are always the responsibility of the customer as these cannot be foreseen in advance and vary depending on the destination.
8.4 At the time of delivery of the Products to the courier, the user will be sent a shipping confirmation email containing the tracking number through which they can check the status of the shipment. This email will also contain information relating to the delivery procedure, the deadline for collection in case of failed delivery due to the absence of the recipient and the consequences of failed collection within the indicated deadline.
8.5 The user acknowledges that the collection of the Product is a specific obligation deriving from the purchase contract. In case of failed delivery due to the absence of the recipient at the address specified in the order form, the courier will leave a card to certify the delivery attempt (so-called delivery attempt notice). The card will indicate the telephone number that the user must contact to request a second delivery attempt by the courier. After two unsuccessful delivery attempts, the package will go "into storage." As soon as the package goes "into storage," Customer Service will contact the user in order to release the storage and ensure that the package is delivered to them as soon as possible. If necessary, Customer Service may agree with the user to change the delivery address. In the event that the delivery attempt subsequent to the Customer Service contact also fails or in the event that the user does not respond to the Customer Service contact attempt, the package will be returned to The New Order s.r.l. and the user will be notified of this circumstance via e-mail. The user acknowledges that, after thirty (30) days from when the package is returned to The New Order s.r.l., the contract may be considered terminated and the purchase order cancelled pursuant to art. 1456 of the Civil Code. Once the contract is terminated, The New Order s.r.l. will proceed to refund the total amount due, if already paid by the user, deducting the costs of the unsuccessful delivery of the Product, as well as the costs of returning it to The New Order s.r.l. and any other expenses incurred by The New Order s.r.l. due to the failed delivery caused by the absence of the recipient. The termination of the contract and the amount of the refund will be communicated to the user via e-mail. The amount of the refund will be credited to the payment method or solution used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date. In the event that, before the expiry of the thirty days mentioned above, the user requests to receive the purchased Product again, The New Order s.r.l. will proceed with the new delivery, subject to charging the costs of the same, the costs of returning the Product to The New Order s.r.l. and the storage costs.
8.6 In the event that the purchased Product is not delivered or is delivered late compared to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites The New Order s.r.l. to make the delivery within an additional period appropriate to the circumstances (Additional Period pursuant to art. 61, paragraph III, Consumer Code). If this additional period expires without the Products having been delivered to them, the user is entitled to terminate the contract (Termination of Contract pursuant to art. 61, paragraph III, Consumer Code), without prejudice to the right to compensation for damages. The user is not burdened with the obligation to grant The New Order s.r.l. the Additional Period pursuant to art. 61, paragraph III, Consumer Code (Excluded Cases) if:
a) The New Order s.r.l. has expressly refused to deliver the Products;
b) compliance with the delivery term indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
c) the user has informed The New Order s.r.l., before the conclusion of the contract, that delivery by or on a certain date is essential.
In the Excluded Cases, if the user does not receive the Products within the delivery term indicated during the purchase process and in the order confirmation, they are entitled to immediately terminate the contract, without prejudice to the right to compensation for damages (Termination of Contract in Excluded Cases).
The indication of the Additional Period pursuant to art. 61, paragraph III, Consumer Code and the communication of Termination of Contract pursuant to art. 61, paragraph III, Consumer Code or Termination of Contract in Excluded Cases must be communicated by the user to The New Order s.r.l. at the addresses referred to in art. 16 below.
In the event of Termination of Contract pursuant to art. 61, paragraph III, Consumer Code or Termination in Excluded Cases, The New Order s.r.l. will refund the total amount due to the user without undue delay.
8.7 In all cases referred to in art. 8.6 above in which a refund is due to the user, the amount of the refund will be communicated to the user by e-mail. It will be credited to the same payment method used by the user for the purchase. Any delays may depend on the banking institution, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date.
Estimated delivery times from shipment date:
Italy: 1-2 days
Europe: 1-3 days for main destinations / 2-4 days for remote destinations
USA and Canada: 4-8 days depending on destinations
Latin America: 4-8 days
Asia and Middle East: 2-4 days
Australia and Oceania: 2-4 days for main destinations / 4-5 days for remote destinations
Africa: 2-4 days
The New Order s.r.l. is not responsible for any delays due to customs operations and controls, or force majeure events beyond the control of The New Order s.r.l..
9. Payment Methods and Promotional Codes
9.1 Payment for Products can be made by credit card or through the PayPal payment solution or bank transfer. If one of these payment methods/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Website, at the latest at the beginning of the purchase procedure. At the time of purchase, Customers enter their credit card details into a secure electronic banking system, provided by Stripe. Purchases can be made using Visa, Mastercard, American Express, and JCB.
9.2 The commercial invoice will be automatically issued with each purchase. For the first purchase, the user will be asked to provide the data for the invoice, including the tax code. They can subsequently modify this data. The information provided by the user for the issuance of the invoice, which they declare and guarantee to be truthful, will be relied upon, and they undertake to hold The New Order s.r.l. harmless and indemnified from any damage, including sanctions issued by the competent authorities, that may result from the untruthfulness of such information.
9.3 In order to guarantee the security of payments made on the Website and prevent any fraud, The New Order s.r.l. reserves the right to ask the user, via e-mail, to send, by the same means, a front/back copy of their identity card and, in the event that the order holder is different from the card holder, the identity card of the latter. The document must be valid. The request e-mail will specify the deadline by which the document must reach The New Order s.r.l.. This deadline will not, in any case, exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
9.4 In the event that The New Order s.r.l. does not receive such documents within the deadline specified in the request e-mail or receives expired or invalid documents, the contract will be considered terminated by right pursuant to and for the purposes of art. 1456 of the Civil Code and the order consequently cancelled, without prejudice to The New Order s.r.l.'s right to compensation for any damage it may have incurred due to the user's non-compliant behavior. The termination of the contract, of which the user will be notified via e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by The New Order s.r.l., will result in the cancellation of the order, with the consequent refund of the Total Amount Due, according to the methods and timings set out in art. 7.2 above.
9.5 In the event of The New Order s.r.l. receiving valid documentation within the deadline indicated in the email referred to in art. 9.3 above, the delivery terms will run from the date of receipt of the same.
9.6 By choosing the Paypal payment method, the customer can pay directly through their Paypal account. The New Order s.r.l. reserves the right to ship the goods only to the address indicated on the Paypal verified account. We would like to remind our new customers that The New Order s.r.l. may request the Bank or Paypal to verify the transaction, also by contacting the counterparty bank. This verification could cause some delay in the shipment of the order.
9.7 Customers who subscribe to The New Order s.r.l. newsletter will receive updates on promotions and/or promotional codes that can be entered in the shopping cart during the purchase process. Each code has a start and end validity date and this time limit cannot be extended in any way. Promotional codes can be used together with vouchers and coupons issued in case of open credits.
10. Right of withdrawal
10.1 Users who qualify as consumers have the right to withdraw from the contract concluded with The New Order s.r.l., without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period).
THE ORDER MUST THEREFORE BE RETURNED IN THE MANNER INDICATED BY The New Order s.r.l. WITHIN AND NO LATER THAN 14 WORKING DAYS, AFTER THIS DEADLINE THE RETURN WILL NOT BE ACCEPTED
The Withdrawal Period expires after 14 days:
a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; or
c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.
10.2 EXERCISING THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal in relation to an Order, the user must inform The New Order s.r.l. of their decision to withdraw before the expiry of the Withdrawal Period. To this end, the customer must communicate to The New Order s.r.l. via e-mail their wish to exercise their right of withdrawal by communicating the order number. Once the procedure is completed, The New Order s.r.l. will send an e-mail confirmation, containing the waybill for the return and the instructions to be followed for returning the goods.
10.3 The user has exercised their right of withdrawal within the Withdrawal Period if the product is returned to The New Order s.r.l. in the manner indicated by the latter within and no later than 14 working days.
10.4 The user, after having exercised the right of withdrawal in the manner indicated in articles 10.2 and 10.3 above, must return the Product to The New Order s.r.l. using the carrier that will be indicated in the email sent by The New Order s.r.l. The Order Number subject to the Return must be written on the waybill, which must be completed as indicated in the authorization email received from The New Order s.r.l. Returns department. (The letter will be sent via email or may already be contained in the package containing the order). The shipping costs for the return and any customs duties (where applicable) will always be borne by the customer unless otherwise specifically indicated during promotional periods of free return. The return of the Product to The New Order s.r.l. is the user's responsibility.
10.5 If the user withdraws from the contract, The New Order s.r.l. will refund the amount paid by the user for the product, net of the expenses incurred, except in the case of promotional periods - without undue delay and in any case no later than 14 calendar days from the day on which the Product arrives at The New Order s.r.l. warehouses and the garments are verified. The refund will be made using the same means of payment used by the user for the initial transaction, unless the user has expressly agreed otherwise; in any case, the user will not incur any costs as a result of such refund.
The security seal on the returned items must not be cut or broken. The garments must not have been worn, washed or altered and must not show any signs of use. Each garment must be returned with all original labels, packaging and accessories (Dustbags, hangers, garment bags, etc.) received with the order. All socks and accessories must be returned with their original box, which is considered an integral part of the product itself and must not have been damaged and/or altered in any way, nor used as the sole external packaging. Returns must be shipped inside The New Order s.r.l. box.
10.6 The New Order s.r.l. reserves the right to request photographic evidence before authorizing returns for defective goods and to bear the shipping costs for the return of the goods to its premises.
10.7 The user is solely responsible for any decrease in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, perfectly functional, accompanied by all accessories and instruction sheets, with identification tags, labels and the disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute autonomous Products) of the Product.
10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not entail the termination of the contract and, consequently, will not give rise to any refund. The New Order s.r.l. will notify the user within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product, if already received by The New Order s.r.l., will remain at The New Order s.r.l. at the user's disposal for collection, which must take place at the user's expense and under the user's responsibility.
10.9 In the event that the Product for which the right of withdrawal has been exercised has undergone a decrease in value resulting from handling the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. The New Order s.r.l. will notify the user of the circumstance and the consequent reduced refund amount within 5 working days of receipt of the Product, providing the user, in the event that the refund has already been paid, with the bank details for the payment of the amount owed by the user due to the decrease in value of the Product.
10.10 In the event that, under one of the legal hypotheses, the right of withdrawal does not apply, such exclusion will be specifically and expressly communicated in the Product Sheet and, in any case, during the purchase process, before the user proceeds with the transmission of the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the case where the sale relates to:
(i) custom-made or clearly personalized products;
(ii) products that are liable to deteriorate or expire rapidly.
11. Legal conformity guarantee
All Products sold on the Site are covered by the Legal Conformity Guarantee provided for by articles 128-135 of the Consumer Code (“Legal Guarantee”).
WHO IT APPLIES TO
The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity. For those who have purchased on the Site and who do not qualify as consumers, the guarantees for defects of the sold item, the guarantee for defect of promised and essential qualities and the other guarantees provided for by the civil code with their respective terms, forfeitures and limitations will apply.
WHEN IT APPLIES
The seller (and, therefore, for purchases made on the Site, www.maisonstudio.shop is responsible to the consumer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within two years from such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is presumed that defects of conformity that become apparent within six months of delivery of the Product already existed at that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. From the seventh month following delivery of the Product, however, it will be the consumer's burden to prove that the lack of conformity already existed at the time of delivery of the same.
In order to benefit from the Legal Guarantee, the user must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of such proof, to keep the purchase invoice, which The New Order s.r.l. sends to them, or any other document that can attest to the date of purchase (for example, the credit card statement) and the date of delivery.
WHAT IS A LACK OF CONFORMITY?
A lack of conformity exists when the purchased good:
– is not fit for the uses for which goods of the same type are normally used;
– does not conform to the description made by the seller and does not possess the qualities of the good that the seller presented to the consumer as a sample or model;
– does not present the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also taking into account the statements made in advertising or labeling;
– is not fit for the particular use desired by the consumer and which was brought to the seller's attention at the time of concluding the contract and which the seller accepted.
Therefore, any breakdowns or malfunctions or other types of defects caused by accidental events or by the user's responsibility or by a use of the Product not in accordance with its intended use and/or with what is provided in the documentation attached to the Product, if any, or in the instructions for use relating to the same, are excluded from the scope of the Legal Guarantee.
REMEDIES AVAILABLE TO THE USER
In case of a lack of conformity duly reported within the terms, the user has the right:
– primarily, to free repair or replacement of the good, at their choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other and, therefore, in the specific case, considering the type of sale, to replacement, where this is possible in relation to the number of copies still available for sale;
– secondarily (i.e., in the event that repair or replacement is impossible or excessively onerous or repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused considerable inconvenience to the consumer) to a reduction in price or termination of the contract, at their choice.
The requested remedy is excessively onerous if it imposes unreasonable expenses on the seller compared to alternative remedies that can be pursued, taking into account (i) the value that the good would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be pursued without considerable inconvenience for the consumer.
WHAT TO DO IN THE PRESENCE OF A LACK OF CONFORMITY
In the event that a Product purchased on the Site, during the validity period of the Legal Guarantee, shows what could be a lack of conformity, the user must contact Customer Service, using the contact details and methods indicated in art. 16. The New Order s.r.l. will promptly respond to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to follow, also to agree on the shipping methods of the goods, also taking into account the product category to which the Product belongs and/or the reported defect.
REFUND OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL GUARANTEE
In the event of termination of the contract, The New Order s.r.l. will refund the user the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, The New Order s.r.l. will refund the amount of the reduction, previously agreed with the user. Alternatively, the user may choose to receive a purchase voucher, usable on the Site, of equivalent value to the amount of the refund or, respectively, the reduction to which they are entitled.
The refund or reduction amount will be communicated to the user via e-mail and credited to the payment method or solution used by the user for the purchase. In the event that the user has chosen the purchase voucher, instead of the refund or reduction, the purchase voucher will be credited to the user's account and can be viewed by accessing the "Profile" section of the Site.
The New Order s.r.l. is not responsible for damages, of any nature whatsoever, resulting from improper use of the Product and/or use not in accordance with the instructions provided by the manufacturer, or in case of damages resulting from unforeseen events or force majeure.
12. Conventional manufacturer's warranty
The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (“Conventional Warranty”). The user can assert this warranty only against the manufacturer. The duration, extent, including territorial, conditions and methods of use, types of damage/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the warranty certificate contained in the Product packaging.
The Conventional Warranty is voluntary and does not replace, limit, prejudice, or exclude the Legal Warranty.
13. Competitions and prize operations
The New Order s.r.l. may organize competitions and prize operations reserved for Site users. The regulations for each competition and/or prize operation will be available in the dedicated section of the Site.
In the event that the prizes consist of discount vouchers or equivalent forms, they cannot in any case be converted into cash.
14. Customer service complaints
14.1 It is possible to request information, send communications, request assistance or submit complaints by contacting Customer Service in the following ways:
– by filling out and sending the form available in the Customer Service-Contact Us section of the Site;
By phone at: +39 393 769 6370
14.2 The New Order s.r.l. will respond to complaints submitted within five working days of receipt.
15. Completeness
Applicable law and competent court; out-of-court dispute resolution – Alternative Dispute Resolution/Online Dispute Resolution
15.1 These General Terms and Conditions of Sale, together with the information provided pursuant to art. 49 of the Consumer Code, before the user is bound by the contract, represent the entirety of the agreements between The New Order s.r.l. and the users of the Site with reference to contracts concluded through the Site.
15.2 Contracts concluded between users of the Site and The New Order s.r.l. are governed by Italian law. The application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, particularly in relation to the term for exercising the right of withdrawal, the term for returning the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity, is reserved.
15.3 It is recalled that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the competent court is that of the place where the user resides or has elected domicile.
15.4 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), The New Order s.r.l. informs the user who qualifies as a consumer as per art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that they have filed a complaint directly with The New Order s.r.l., following which it was not possible to resolve the dispute, The New Order s.r.l. will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (so-called ADR bodies, as indicated in arts. 141-bis et seq. of the Consumer Code), specifying whether it intends to use such bodies to resolve the dispute itself.
The New Order s.r.l. also informs the user who qualifies as a consumer as per art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR bodies, find the link to the website of each of them and initiate an online dispute resolution procedure in which they are involved.
In any case, the right of the consumer user to appeal to the competent ordinary court for disputes arising from these General Terms and Conditions of Sale is reserved, whatever the outcome of the out-of-court dispute resolution procedure relating to consumer relations by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
15.5 A user residing in an EU member state other than Italy may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on www.eur-lex.europa.eu.