Terms & Conditions
In the following conditions, “WebsiteOwner” means The New Order of The New Order srl
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 “Site”).
The products and/or services purchased on the Site are offered and sold by commercial partners affiliated with The New Order srl and by The New Order srl itself.
You may request any information and/or send communications and/or submit complaints regarding sales, purchase orders, products, payments, and shipments by contacting The New Order srl Customer Service ("Customer Service"), using the methods set forth in Article 16.
1. Scope of application
1.1 The sale of products through the Site (“Products”) constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”) and by Legislative Decree no. 70 of 9 April 2003, which contains the rules on electronic commerce.
1.2 These General Conditions of Sale apply to all sales made by The New Order srl on the Site.
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 they are published in the "Terms of Sale" section of the Site. For this reason, users are invited to regularly access the Site and consult the most up-to-date 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 srl makes available to him in the "Conditions of Sale" section of the Site and which he is permitted to store and reproduce, as well as all other information that The New Order srl provides to him on the Site, both before and during the purchase procedure.
1.4 These General Conditions of Sale apply only to Italy. They do not govern the sale of products and/or the provision of services by parties other than The New Order srl that are present on the Site via links, banners, or other hypertext links. Before conducting commercial transactions with these parties, you should check their terms of sale. The New Order srl is not responsible for the provision of services and/or the sale of products by these parties. The New Order srl does not carry out any control and/or monitoring of the websites accessible via these links. The New Order srl is therefore not responsible for the content of such sites nor 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 Site is reserved exclusively for users who are 18 years of age or older and who are registered on the Site by creating a The New Order srl account.
2.2 Access to the offers on the Site is permitted both to users who are consumers, as defined in Article 3, paragraph 1, letter a) of the Consumer Code, meaning natural persons who, in relation to the purchase of Products, act for purposes unrelated to any commercial, artisanal, entrepreneurial, or professional activity they may carry out, and to users who are not consumers within the meaning of this definition.
2.3 Under no circumstances may retailers or wholesalers, or in general, anyone intending to purchase Products for resale, make purchases on the Site. Therefore, such individuals are prohibited from registering on the Site and making purchases on the Site.
2.4 The New Order srl reserves the right to refuse or cancel orders from (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 srl; (iii) a user who has been involved in fraud of any kind and, in particular, fraud relating to credit card payments; (iv) users who have provided false, incomplete or otherwise inaccurate identification data or who have failed to promptly send The New Order srl the documents requested by the latter under the procedure referred to in Article 9.3 below or who have sent invalid documents; (v) users who do not provide sufficient guarantees of solvency.
3. Registration on the site
3.1 Registration on the Site is free. To register on the Site, users must complete the registration form, entering their first name, last name, and an email address. Registration will be confirmed via email to the user. To complete the registration process, they must click on the appropriate link in the email received and enter the password provided in the email.
3.2 Registration credentials must be used exclusively by the user and may not be disclosed to third parties. The user agrees to keep them confidential and ensure that no one has access to them, and to promptly inform The New Order srl by contacting them as indicated in Article 16 if they suspect any misuse and/or disclosure of such credentials. The user guarantees that the personal information provided during the Site registration process is complete and truthful. Each user is permitted to register on the Site only once. Multiple registrations are prohibited. If The New Order srl discovers that the same user has registered multiple times on the Site, The New Order srl reserves the right to immediately and without notice block the relevant account. The user agrees to hold The New Order srl harmless from any damages, compensation obligations, and/or penalties arising from and/or in any way connected to the user's violation of the rules regarding Site registration or the storage of registration credentials.
4. Information aimed at concluding the contract
4.1 In compliance with Legislative Decree no. 70 of 9 April 2003, which contains provisions on electronic commerce, The New Order srl informs the user that:
– to conclude the purchase contract for one or more Products on the Site, the user must complete an electronic order form and send it electronically to The New Order srl, following the instructions that will appear from time to time on the Site and which will accompany the various phases of the purchase;
– the contract is concluded when the order form reaches The New Order srl's server;
– before submitting the order form, the user may identify and correct any data entry errors by following the instructions indicated from time to time on the Site and which will accompany the various phases of the purchase;
– Once the order form has been submitted and payment of the total amount due has been authorized, The New Order srl will send the user an order confirmation via email to the email address provided. This will contain a summary of the General Terms and Conditions of Sale and the specific conditions applicable to the contract, information regarding the characteristics of the purchased Product, a detailed price, payment method used, information regarding the right of withdrawal, delivery costs and any additional costs, and the Customer Service contact details, which the user can contact for assistance and/or complaints. It is recommended that you retain the email received as proof of purchase. The General Terms and Conditions of Sale applicable to the order, as well as the standard withdrawal instructions and the standard withdrawal form referred to in Article 10, will be attached to the shipping confirmation email referred to in Article 8.4 below;
– the order form will be stored in The New Order srl'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 Euros (€) and include Value Added Tax (VAT) and, where applicable, the WEEE contribution. Shipping costs and any other additional costs, including VAT and expressed in Euros (€), will be expressly and separately indicated on the order form before the user submits it, as well as in the order confirmation email.
5.2 The New Order srl may change the price of the Products at any time, without notice. The price charged to the user will be the one published on the information sheet illustrating the main characteristics of the Product ("Product Sheet") at the time the order is placed. Any price changes (increases or decreases) subsequent to the order being placed will not be taken into account.
6. Purchase orders – product information
6.1 The New Order srl 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 on the order form ("Total Amount Due"). If the Total Amount Due is not paid or successful payment is not confirmed, the purchase contract will be deemed automatically terminated pursuant to and for the purposes of art. 1456 of the Italian Civil Code. The user will be notified of such termination and the resulting cancellation of the order immediately after placing the order, via the Website.
6.2 The Products will remain the property of The New Order srl's partners until the user has paid the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to The New Order srl, will instead pass to the user when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Products.
6.3 The Products offered on the Site are the items (for example: clothing, footwear, accessories – e.g. costume jewelry, watches, glasses, small leather goods, etc.) present on the Site at the time the user places the order.
6.4 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the Product characteristics as faithfully as possible. Product colors, however, may differ from actual colors due to the settings of the computer systems or devices used by users to view them. Furthermore, the Product images on the Product Sheet may differ in size or in relation to any accessory products. These images should therefore be considered indicative and subject to customary tolerances. For the purposes of the purchase contract, the Product description contained in the order form submitted by the user will be authoritative.
7. Product availability
7.1 The products offered on the Site are limited in number. Therefore, due to the possibility of multiple users purchasing the same Product at the same time, the ordered Product may no longer be available after the purchase order has been submitted. The assortment shown on the website www.maisonstudio.shop reflects the exact availability of each item by size and color. The site is connected to all the stores and warehouses of The New Order srl's partners. As an authorized reseller of all the brands listed on the site, The New Order srl guarantees the authenticity of each item. Once the order request has been received, The New Order srl's Orders 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 granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, the user will be promptly informed by email. 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 the provisions of Article 61, paragraphs IV and V, of the Consumer Code. In the event that the user exercises the right to terminate pursuant to Article 61, paragraphs IV and V, of the Consumer Code, or in any case in which the total amount due has already been paid, The New Order srl, without prejudice to the user's right to compensation for damages, will refund such amount without undue delay and, in any case, within a maximum of 15 working days from the order placement. The refund amount will be communicated to the user via email. 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 involving multiple Products ("Multiple Orders"), if the subsequent unavailability concerns only some of the Products in the Multiple Order (without prejudice to the rights granted 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 Article 7.2 above, if the subsequent unavailability concerns all the Products in the order), The New Order srl will immediately notify the user by email. 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 the provisions 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, in relation to the Product(s) that have become unavailable or in any case in which the total amount due has already been paid, The New Order srl, without prejudice to the user's right to compensation for damages, will refund the amount due for such Product(s) within a maximum of 15 working days from the order placement. The refund amount will be communicated to the user via email. 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 bank, the type of credit card, or the payment method used. In any case, the value date will be the same as the debit date. Cancellation of the entire Multiple Order will only be possible in the event of evident and proven accessory nature of the Products in the Multiple Order that have become unavailable compared to the other available Products in the Multiple Order.
8. Delivery of purchased products
8.1 Shipping is subject to charges. Shipping costs are the responsibility of the user, unless otherwise indicated during the purchase process and/or elsewhere on the Site. The shipping costs owed by the user for a specific order are 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 submits the order. These costs will also appear in the "Profile - My Orders" section of the Site and in the order confirmation. An additional charge may be required for delivery to certain areas. This charge will be specifically indicated during the purchase process and, in any case, before completion of the purchase process, as well as in the order summary. Delivery times will be specifically indicated during the purchase process 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 Site. Delivery times and costs are calculated taking into account not only the delivery area but also the delivery method chosen by the user. If a specific delivery date is not specified, 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 physical possession or control of the Products to the user. It is the user's responsibility to verify the condition of the Product delivered/collected. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to The New Order srl, is transferred to the user when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Product, the user is advised to verify the number of Products received and that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials. In their own interest, the user is invited to indicate any anomalies on the carrier's transport document, accepting the package with reservations. Unconditional receipt of the Products does not entitle 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 the courier's willful misconduct or gross negligence, and except for partial loss or damage not detectable at the time of delivery, provided that, in the latter case, the damage is reported as soon as it is discovered and no later than eight days after receipt. If the packaging shows obvious signs of tampering or alteration, the user is also advised to promptly notify Customer Service. In any case, the provisions regarding the right of withdrawal and the legal guarantee of conformity remain applicable.
8.3 Products purchased on the Site will be shipped and delivered to the address indicated by the user during the order process. Home Delivery will be made, unless otherwise indicated, by the IoSpedisco courier from Monday to Friday, during normal office hours (9:00 am to 6:00 pm), excluding national holidays. The New Order srl reserves the right to use other carriers, subject to compliance with the delivery method chosen by the user and the indicated delivery times. Shipments to Italy and Europe are made via the IoSpedisco courier. Any customs duties and import taxes are always the responsibility of the customer, as these cannot be predicted in advance and vary depending on the destination.
8.4 Upon delivery of the Products to the courier, the user will receive a shipping confirmation email containing a tracking number, allowing them to check the status of their shipment. This email will also contain information regarding the delivery procedure, the collection deadline in the event of non-delivery due to the recipient's absence, and the consequences of failure to collect the Products within the specified timeframe.
8.5 The user acknowledges that collecting the Product is a specific obligation under the purchase contract. In the event of failed delivery due to the recipient's absence at the address specified in the order form, the courier will leave a card certifying the delivery attempt (so-called "delivery notification"). The card will include the telephone number the user must contact to request a second delivery attempt. After two unsuccessful delivery attempts, the package will be held in "storage." As soon as the package is held, Customer Service will contact the user to release the hold and ensure the package is delivered as quickly as possible. If necessary, Customer Service may agree with the user to change the delivery address. In the event that the delivery attempt following Customer Service is unsuccessful, or if the user does not respond to Customer Service's attempt to contact them, the package will be returned to The New Order srl and the user will be notified of this circumstance via email. The user acknowledges that, after thirty (30) days from when the package is returned to The New Order srl, the contract may be considered terminated and the purchase order cancelled pursuant to art. 1456 of the Civil Code. Once the contract has been terminated, The New Order srl will refund the total amount due, if already paid by the user, minus the costs of the unsuccessful delivery of the Product, as well as the costs of returning the Product to The New Order srl and any other costs incurred by The New Order srl due to the failed delivery caused by the recipient's absence. The termination of the contract and the amount of the refund will be communicated to the user via email. The refund amount 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. If, before the thirty-day period, the user requests a new delivery of the purchased Product, The New Order srl will proceed with the new delivery, charging the user the costs of the new delivery, the costs of returning the Product to The New Order srl, and any storage costs.
8.6 In the event that the purchased Product is not delivered or is delivered late with respect 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 srl 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 being delivered, the user is entitled to terminate the contract (Termination of the 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 srl the Additional Period pursuant to art. 61, paragraph III, Consumer Code (Excluded Cases) if:
a) The New Order srl expressly refused to deliver the Products;
b) compliance with the delivery deadline 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 srl, before the conclusion of the contract, that delivery within or on a specific date is essential.
In the Excluded Cases, if the user does not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, he is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages (Termination of the Contract in Excluded Cases).
The indication of the Additional Term pursuant to art. 61, III, of the Consumer Code and the communication of Termination of the Contract pursuant to art. 61, paragraph III, of the Consumer Code or of Termination of the Contract in the Excluded Cases must be communicated by the user to The New Order srl at the addresses indicated in art. 16 below.
In the event of termination of the Contract pursuant to art. 61, paragraph III, of the Consumer Code or termination in the Excluded Cases, The New Order srl will refund the user the total amount due without undue delay.
8.7 In all cases referred to in Article 8.6 above where the user is entitled to a refund, the refund amount will be communicated to the user by email. 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 for shipping date:
Italy: 1-2 days
Europe: 1-3 days for major destinations / 2 – 4 days for remote destinations
USA and Canada: 4-8 days depending on destination
Latin America: 4 – 8 days
Asia and Middle East: 2 – 4 days
Australia and Oceania: 2 – 4 days for major destinations / 4 – 5 days for remote destinations
Africa: 2 – 4 days
The New Order srl is not responsible for any delays due to customs operations and checks, or to causes of force majeure beyond the control of The New Order srl.
9. Payment methods and promotional codes
9.1 Payment for the Products can be made by credit card, PayPal, or bank transfer. If one of these payment methods/solutions is not available for a specific Product, this will be clearly indicated on the Site, no later than at the beginning of the purchase process. 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 A commercial invoice will be issued automatically for each purchase. Upon making the first purchase, the user will be asked to provide the invoice header information, including their tax code. They may subsequently modify this information. The invoice will be issued based on the information provided by the user, which they represent and warrant is true and accurate. The user undertakes to indemnify and hold The New Order srl harmless from any damages, including penalties issued by the competent authorities, that may arise from the user's failure to provide accurate information.
9.3 In order to ensure the security of payments made on the Site and prevent fraud, The New Order srl reserves the right to ask the user, via email, to send a copy of the front and back of their identity card and, if the order is placed by a different person than the cardholder, the cardholder's identity card. The document must be valid. The request email will specify the deadline by which the document must be received by The New Order srl. This deadline will, in any case, not exceed 5 business days from receipt of the user's request. The order will be suspended pending the receipt of the requested document. The user is required to send the requested documents within the specified deadline.
9.4 If The New Order srl does not receive such documents within the timeframe specified in the request email, or if the documents are expired or invalid, the contract will be automatically terminated pursuant to Article 1456 of the Italian Civil Code, and the order will be cancelled. The New Order srl reserves the right to seek compensation for any damages it may have incurred as a result of the user's non-compliant behavior. Termination of the contract, of which the user will be notified by email no later than 5 business days after the deadline for sending the documents requested by The New Order srl, will result in the cancellation of the order, with subsequent reimbursement of the Total Amount Due, in accordance with the procedures and timeframes set forth in Article 7.2 above.
9.5 If The New Order srl receives valid documentation within the timeframe indicated in the email referred to in Article 9.3 above, delivery terms will start from the date of receipt.
9.6 By choosing the PayPal payment method, the customer can pay directly through their PayPal account. The New Order srl reserves the right to ship the goods only to the address indicated on the verified PayPal account. We would like to remind our new customers that The New Order srl can ask their bank or PayPal to verify the transaction, including by contacting the counterparty bank. This verification may cause some delays in shipping the order.
9.7 Customers who subscribe to The New Order srl's newsletter will receive updates on promotions and/or promotional codes that can be entered in the cart during the checkout process. Each code has a start and end date, and this period cannot be extended under any circumstances. Promotional codes can be used in conjunction with coupons and vouchers issued in the event of open credit.
10. Right of withdrawal
10.1 The user who is a consumer has the right to withdraw from the contract concluded with The New Order srl, without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period).
THE ORDER MUST THEREFORE BE RETURNED IN THE METHODS INDICATED BY The New Order srl WITHIN AND NO LATER THAN 14 WORKING DAYS. AFTER THIS PERIOD 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 EXERCISE THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal for an Order, the user must inform The New Order srl of their decision to withdraw before the expiration of the Withdrawal Period. To this end, the customer must notify The New Order srl via email of their intention to exercise their right of withdrawal, providing their order number. Once the procedure is completed, The New Order srl will send a confirmation email containing the return label and instructions for returning the goods.
10.3 The user has exercised his right of withdrawal within the Withdrawal Period, if the product is returned to The New Order srl in the manner indicated by the latter within and no later than 14 working days.
10.4 The user, after exercising the right of withdrawal according to the methods indicated in Articles 10.2 and 10.3 above, must return the Product to The New Order srl using the carrier indicated in the email sent by The New Order srl. The Order Number being returned must be written on the waybill, which must be completed as indicated in the authorization email received from The New Order srl's Returns department. (The waybill will be sent via email or may already be included in the package containing the order.) Return shipping costs and any customs duties (where applicable) will always be borne by the customer unless specifically indicated otherwise during promotional periods offering free returns. Returning the Product to The New Order srl is the user's responsibility.
10.5 If the user withdraws from the contract, The New Order srl will refund the amount paid by the user for the Product, minus the shipping costs incurred to return the Product, except in the case of free returns during promotional periods. This refund will be made without undue delay and in any case no later than 14 calendar days from the day the Product arrives at The New Order srl warehouses and the items are inspected. The refund will be made using the same payment method 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 this refund.
The security seal on returned items must not be cut or broken. Items must not have been worn, washed, or altered, and must not show any signs of use. Each item must be returned with all tags, packaging, and original accessories (dust bags, hangers, garment covers, etc.) received with the order. All socks and accessories must be returned with their original boxes, which are 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 in the The New Order srl box.
10.6 The New Order srl reserves the right to request photographic evidence before authorizing returns for defective goods and to cover the shipping costs for returning the goods to its premises.
10.7 The user is solely responsible for any diminished 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, in perfect working order, accompanied by all accessories and instruction leaflets, with identification tags, labels, and the disposable seal, if present, still attached to the Product and intact and untampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the right of withdrawal applies to the Product in its entirety. It therefore cannot be exercised in relation to parts and/or accessories (which are not independent Products) of the Product.
10.8 If the right of withdrawal is not exercised in accordance with applicable law, it will not result in termination of the contract and, consequently, will not entitle the user to any refund. The New Order srl will notify the user within 5 working days of receiving the Product, rejecting the withdrawal request. If the Product has already been received by The New Order srl, it will remain at The New Order srl for collection by the user, at the user's expense and under their own responsibility.
10.9 In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling 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 such decrease in value. The New Order srl will notify the user of this circumstance and the resulting reduced refund amount within 5 working days of receiving the Product, providing the user, if the refund has already been paid, with the bank details for 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, this 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 order submission. 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 event that the sale concerns:
(i) products made to measure or clearly personalized;
(ii) products which are liable to deteriorate or expire rapidly.
11. Legal guarantee of conformity
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles 128-135 of the Consumer Code (“Legal Guarantee”).
TO WHOM IT APPLIES
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made purchases on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may engage in. Those who have purchased on the Site and who are not consumers will be covered by the guarantees for defects in the item sold, the guarantee for lack of promised and essential qualities, and the other guarantees provided for by the Civil Code, with their related terms, forfeitures, and limitations.
WHEN TO APPLY
The seller (and, therefore, with regard to purchases made on the Site, www.maisonstudio.shop) is liable to the consumer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months of the date on which it was discovered.
Unless proven otherwise, any defects of conformity that become apparent within six months of delivery of the Product are presumed to have already existed at that date, unless this assumption is incompatible with the nature of the Product or the nature of the defect of conformity. Starting from the seventh month following delivery of the Product, the burden of proof will be on the consumer to prove that the defect of conformity already existed at the time of delivery.
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 this purpose, to retain the purchase invoice sent by The New Order srl, or any other document that can certify the date of purchase (for example, a credit card statement) and the date of delivery.
WHAT IS A DEFECT OF CONFORMITY?
There is a lack of conformity when the purchased good:
– it is not suitable for the use for which goods of the same type are normally used;
– does not conform to the description given 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 have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or on labelling;
– is not suitable for the particular use intended by the consumer and which was brought to the attention of the seller by the consumer at the time of conclusion of the contract and which the seller accepted.
Therefore, any faults or malfunctions or defects of any other kind caused by accidental events or by the user's responsibility or by use of the Product that is not in accordance with its intended use and/or with what is provided for in the documentation attached to the Product, where applicable, 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 the event of a lack of conformity duly reported within the terms, the user has the right:
– primarily, to the free repair or replacement of the goods, at his 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 the replacement, where this is possible in relation to the number of copies still available for sale;
– secondarily (i.e. in the event that the repair or replacement is impossible or excessively onerous or the repair or replacement has not been carried out within a reasonable timeframe or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or the termination of the contract, at his choice.
The remedy sought is excessively onerous if it imposes unreasonable costs on the seller in comparison with 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 significant inconvenience for the consumer.
WHAT TO DO IN THE PRESENCE OF A DEFECT OF CONFORMITY
In the event that a Product purchased on the Site, during the validity period of the Legal Guarantee, displays what could be a lack of conformity, the user must contact Customer Service at the addresses and using the methods indicated in Article 16. The New Order srl will promptly respond to the notification of the alleged lack of conformity and will indicate to the user the specific procedure to follow, including to arrange the shipping methods of the goods, 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 srl 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 srl will refund the amount of the reduction, previously agreed upon with the user. Alternatively, the user may choose to receive a voucher, spendable on the Site, of a value equivalent 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 email and credited to the payment method or solution used for the purchase. If the user has chosen a voucher instead of a refund or reduction, the voucher will be credited to the user's account and can be viewed by accessing the "Profile" section of the Site.
The New Order srl is not responsible for any damages of any kind resulting from improper use of the Product and/or use that does not comply with the instructions provided by the manufacturer, nor for damages resulting from unforeseeable circumstances or force majeure.
12. Manufacturer's conventional 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 may assert this warranty only against the manufacturer. The duration, scope, including territorial scope, 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 on the warranty certificate included in the Product packaging.
The Conventional Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.
13. Competitions and prize competitions
The New Order srl may organize contests and prize draws reserved for users of the Site. The rules of each contest and/or prize draw will be available in the appropriate section of the Site.
In the event that the prizes consist of discount vouchers or equivalent forms, they cannot under any circumstances be converted into cash.
14. Customer Service Complaints
14.1 You can request information, send communications, request assistance, or submit complaints by contacting Customer Service using the following methods:
– by completing and submitting the form available in the Customer Service-Contact Us section of the Website;
By phone at: +39 393 769 6370
14.2 The New Order srl will respond to complaints submitted within five working days of receiving them.
15. Exhaustiveness
Applicable law and competent court; out-of-court dispute resolution – Alternative Dispute Resolution/Online Dispute Resolution
15.1 These General Conditions of Sale, together with the information provided pursuant to Article 49 of the Consumer Code, before the user is bound by the contract, represent the entire agreement between The New Order srl and the users of the Site with respect to contracts concluded through the Site.
15.2 Contracts concluded between users of the Site and The New Order srl are governed by Italian law. This does not affect the application of any more favorable and mandatory provisions of the law of the country in which they have their habitual residence to consumer users who do not have their habitual residence in Italy, particularly with regard to the deadline for exercising the right of withdrawal, the deadline for returning Products, if this right is exercised, the methods and formalities for communicating this right, and the legal guarantee of conformity.
15.3 Please remember that in the case of a consumer user, any dispute relating to the application, execution and interpretation of these General Conditions of Sale shall be subject to the jurisdiction of the court of the place where the user resides or has elected domicile.
15.4 Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), The New Order srl informs the user who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he or she has submitted a complaint directly to The New Order srl, following which it has not been possible to resolve the dispute thus arising, The New Order srl will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not he or she intends to avail himself or herself of such bodies to resolve the dispute itself.
The New Order srl also informs users who qualify as consumers pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform is available at the following address: http://ec.europa.eu/consumers/odr/; through the ODR platform, consumers can consult the list of ADR entities, find the link to each of their websites, and initiate an online dispute resolution procedure.
In any case, the consumer user's right to bring any dispute arising from these General Conditions of Sale before the competent ordinary court remains unaffected, regardless of the outcome of the out-of-court dispute resolution procedure for consumer relations by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.
15.5 Users residing in a European Union 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 by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed €2,000.00, excluding interest, fees, and expenses. The text of the regulation is available on the website www.eur-lex.europa.eu.