GENERAL TERMS AND CONDITIONS OF SALE
Seller Identification
The goods covered by these general conditions are offered for sale by MAST di Stefano Spada, Via G. Mattarelli n.4, 47122, Forlì (FC), registered with the Forlì Chamber of Commerce, Industry, Crafts and Agriculture under no. 325902 of the Business Register, VAT number 04009130404
(hereinafter also referred to as the Seller)
1. Definitions
1.1 In these General Conditions of Sale, the following terms have the meanings specified below:
a) "online sales contract" means the distance contract concluded between a Seller and a final consumer Buyer, through a sales system organized by the Seller, which uses internet communication technology;
b) the term "Seller" refers to MAST di Stefano Spada, Via G. Mattarelli n.4, 47122, Forlì (FC) party to this contract, which manages the Website, selling directly to users (Buyers) the products indicated in the following point;
c) the term "Products" refers exclusively to the movable goods and/or services present in the electronic catalogs of the Website;
d) the term "Buyer" refers to the final consumer-customer who is authorized to operate on the Website in order to purchase products, according to the methods indicated in these general conditions;
e) "Consumer" means the natural person who purchases goods and services for purposes not referable, neither directly nor indirectly, to the professional activity eventually carried out.
f) the term "Parties" refers to the Seller and the Buyer jointly;
g) the term "Website" refers to the website corresponding to the address http://www.mastgloves.it through which online purchases can be made;
h) the term "Consideration" refers to the selling price of each product;
2. Object of the contract
2.1 These general conditions, which are made available to the Purchaser for reproduction and storage pursuant to Article 12 of Legislative Decree no. 70 of 9 April 2003, concern the purchase of products, carried out remotely and by means of an IT network, through the website http://www.mastgloves.it belonging to the Seller, with registered office in Forlì (FC), Via G. Mattarelli n.4, VAT number 04009130404.
2.2 With this contract, respectively, the Seller sells and the Purchaser remotely purchases the movable goods and/or services indicated below.
2.3 The goods and/or services covered by this contract are all the products chosen by the Purchaser and placed in the virtual cart, following the online purchase procedures indicated on the website.
2.4 The products and/or services referred to in the previous point are illustrated on the web pages in the "ACCESSORIES" section of the Seller's Website.
2.5 The Seller undertakes to supply all the products indicated below upon payment of a fee as per Article 4 of this contract.
3. Acceptance of the terms of sale
3.1 These general conditions are valid from the date of conclusion of this contract and may be updated, supplemented, or modified at any time by the Seller, who will provide notice through the pages of the Website http://www.mastgloves.it and such updates/modifications and/or supplements will be effective for future purchases.
3.2 All purchase orders will be forwarded by the buyer to the Seller, after website registration and/or by completing the indicated purchase procedure.
3.3 These general conditions of sale must be reviewed "online" by the Buyer before completing the purchase procedure. The submission of the purchase order confirmation, therefore, implies full knowledge and integral acceptance of the same.
3.4 By confirming the Order by clicking on "Complete purchase", the Buyer declares to have consciously accepted the content and conditions of the Order in question and, in particular, these General Conditions of Sale, the prices, volumes, characteristics, quantities, and delivery times of the products offered for sale and ordered by the Buyer, as well as the payment conditions illustrated below, declaring to have read and accepted all the information provided by him pursuant to the aforementioned regulations, also acknowledging that the Seller is not bound by different conditions unless previously agreed in writing.
3.5 Sales operations for consumers are regulated by the provisions of the Consumer Code (Legislative Decree 6 September 2005 no. 206 and subsequent amendments), while privacy protection is subject to the provisions of GDPR 679/2016 and Legislative Decree 30 June 2003, no. 196, and subsequent amendments and additions. As for the contractual conditions applied to commercial users, reference must be made to the new provisions of EU Reg. 2019/1150.
3.6 Acceptance of the conditions of sale must be expressed by accurately filling in all sections of the electronic form, following the on-screen instructions, and finally, by selecting and, therefore, accepting the boxes with the wording ACCEPTANCE OF SALE CONDITIONS and PRIVACY POLICY.
4. Purchase methods and selling prices
4.1 The products, prices and sales conditions present on the Website – within the limits of their availability – do not constitute a public offer to the consumer; therefore, they must always be considered indicative and subject to express confirmation via e-mail by the Seller, which constitutes acceptance of the purchase order.
4.2 The prices of the products offered for sale on the website http://www.mastgloves.it are indicated in Euros and are the prices in force at the time the Order is sent by the Buyer. The Seller may change the sales prices of the products at any time and without notice. This change will in any case be communicated to the Buyer before any Order is sent.
4.3 The prices of the products include VAT but do not include shipping costs. Shipping costs vary depending on the shipping method and the destination selected by the Buyer when submitting the Order and are displayed in the Order summary before the Buyer is asked to confirm the Order. Please refer to art. 9 of these general conditions of sale.
4.4 The receipt of the order does not bind the Seller until the Seller has expressly accepted the order itself via the "Order Fulfilment Confirmation E-mail" (see point 6.1 below). It should be noted that upon receipt of the order by the Buyer, the system will automatically send a summary email confirming the order received, which should not be understood as formal acceptance of the same. The Seller, with a subsequent e-mail, after verifying the availability of the chosen product, will formally confirm and accept the order received.
4.5 The Buyer expressly grants the Seller the right to accept even only partially the order placed (for example, if not all the ordered products are available). In this case, the contract will be considered perfected with reference to the goods actually sold.
4.6 Any price reductions and discounts applied to products sold on the site are accompanied, in accordance with the provisions of the law, by the price applied in the previous 30 days.
4.7 The Buyer expressly declares that the purchase is made for purposes unrelated to any commercial or professional activity carried out.
5. Products and Offers
5.1 In accordance with Article 52 of the Italian Consumer Code (Legislative Decree 206 of 6 September 2005), and the conditions of this contract, before submitting the Order, the Buyer can view information on the http://www.mastgloves.it website regarding the price, including taxes and shipping costs, and the essential characteristics of the product(s) or services they wish to purchase.
5.2 For products not immediately available in the Seller's warehouses and offers published on the website, validity is subject to availability. Information on product availability will be provided to the Buyer at the time the order fulfillment email is sent ("Order Fulfillment Confirmation Email").
5.3 In any case, and in the event that, after the Order is submitted, a total or partial unavailability of the product occurs, the Buyer will be immediately informed by email of the unavailability of the product and the total or partial cancellation of the Order.
5.4 In case of total or partial cancellation of the Order: the Buyer's Order will be automatically cancelled, with no charge to the Buyer. Customer Service will contact the Buyer to inform them of the cancellation and to propose placing a new Order excluding the unavailable product.
5.5 The Seller also reserves the right to suspend or cancel the processing of an Order and/or delivery, regardless of the nature and progress of the processing, in case of non-payment or partial payment of any sum owed by the Buyer, in case of payment problems, in case of technical problems, in the event that, in the Seller's sole discretion, a practice potentially harmful to the selective distribution contracts of the products may arise, or in case of fraud or attempted fraud relating to the use of the Seller's Website, also with reference to previous Orders. In case of refusal of the Order, the Seller will notify the Buyer, within 30 working days from the submission of the Order, of the impossibility of accepting the Order. The sale will be final only upon acceptance of the Order by the Seller, by sending an order fulfillment confirmation email to the Buyer.
5.6 The Seller shall be entitled to collect the full price of the Order:
- for payments made by credit card, from the moment the Order Fulfillment Confirmation email is sent;
- for payments made by other payment methods, from the moment the email informing the Buyer of the shipment of their Order is sent.
5.7 The Seller recommends that the Buyer keep the emails received from the Seller in paper or electronic format. The Buyer is informed that the aforementioned emails will be sent to the email address entered by the Buyer at the time of purchase. The Seller will not be liable in case of entry of an invalid email address and/or failure to receive the Order Confirmation Email for reasons not directly attributable to the Seller. In such a case, the sale will be considered final.
6. Conclusion of the contract
6.1 The Contract stipulated through the Website is considered concluded when the Purchaser receives, via e-mail, the formal order confirmation, with a communication ("Order Fulfillment Confirmation e-mail") subsequent to the automatic and summary order e-mail referred to in art. 4.7, through which the Seller accepts the order sent by the Purchaser and informs them that they can proceed with its fulfillment. The Contract is concluded at the Seller's registered office.
6.2 Until the Purchaser has received the Order Fulfillment Confirmation e-mail, as per the previous point, they have the right to cancel the order by sending an e-mail to the Seller's address or using any other methods indicated on the Website.
7. Payment
7.1 The Buyer guarantees to the Seller that they have the necessary authorizations to use the payment method chosen for their Order at the time of placing the Order. Payment methods:
- Credit Cards
- Paypal
- Bank Transfer
- Satispay Business
7.2 All Orders are payable in euros, including mandatory taxes and contributions. Any bank charges will be exclusively borne by the Buyer (even in case of refund). In case of non-payment or delayed payment (exceeding 2 days) of the Order by the Buyer, the Seller reserves the right to apply late payment interest equal to the legal interest rate starting from the tenth business day following the date of the Order or from the notification of the rejection of the bank payment.
7.3 Ownership of the ordered products will remain with the Seller until the entire payment for the Order, including shipping costs, taxes and other mandatory contributions (where applicable), has been fully paid by the Buyer. All orders, before being processed, are subject to authenticity checks directly by the respective credit card issuing institutions, to protect the customer. If, for any reason, it is not possible to debit the amount due, the sales process will be automatically cancelled and the sale will be terminated pursuant to Article 1456 of the Civil Code. The Customer will be informed via automatic email communication.
7.4 Communications relating to payment and data communicated by the Customer when this is carried out take place on specific protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
8. Shipping costs and delivery times for products
8.1 Shipping costs vary depending on the total order amount:
- for orders with a total amount less than 99 euros, shipping costs will be 8.00 euros (except for any promotions or offers);
- for orders with a total amount greater than 99 euros, shipping will be free.
8.2 Shipping times are as follows:
- PREPARATION TIME: 24 h (working days)
- TRANSPORT TIME: 24/48 h (working days)
- TOTAL DELIVERY TIME ITALY: 48/72 h (working days)**for islands, times may be extended by 24/48h
Orders placed on Saturday and Sunday will be entrusted to the courier on the next available working day, excluding holidays.
8.3. For all orders shipped outside Italian territory, regardless of the total amount, shipping costs will be borne by the buyer, including customs clearance fees for the goods. For these same orders shipped outside Italian territory, the Seller is not responsible for the opening of the package following inspection by customs authorities. Such types of checks, being random, do not allow their occurrence to be predicted. The Seller is also not responsible if the goods remain blocked at customs for the time necessary for checks. Any extensions in delivery times due to control requirements by authorities are not the responsibility of the Seller, as the Seller cannot control their outcomes.
8.4 In case of non-collection of the order by the recipient, any storage and redelivery costs will be entirely borne by the recipient.
8.5 All Buyers can pay for ordered goods using the following payment methods indicated "online" at the time of purchase:
- Credit Cards
- Paypal
- Bank Transfer
- Satispay Business
9. Delivery Method
9.1 The Seller will deliver the selected and ordered products to the Buyer at the address indicated by the Buyer as the delivery address on the Order, "Delivery Address," using the methods provided in the previous articles, through trusted couriers and/or shipping agents (GLS or BARTOLINI).
9.2 If the Buyer changes their delivery address after the ordered products have been shipped, the Buyer will be charged for the cost of the change and the new delivery, unless the Buyer accepts and decides to go to the GLS or BARTOLINI office to collect the products personally. Purchase invoices, if requested, will be sent via e-mail.
9.3 Orders will be processed as soon as they are received, and the Seller undertakes to deliver the products as quickly as possible and in any case within 30 days from the date of conclusion of the contract (i.e., from the moment of online order confirmation by the user). For orders from abroad, there may be variations in delivery times due to customs control. The total amount of costs, including shipping costs, will be visible before proceeding with the purchase confirmation. Customs clearance costs for shipping goods outside European territory are not included.
10. Defects, non-conformities, and damage to products
10.1 The goods shipped will be checked and delivered to the shipper intact and without defects. The Seller cannot be held responsible in any way for any delays or damages attributable to the shipper's fault. If the buyer rejects the purchased products without valid reason, the Seller will charge the Customer for the round-trip shipping costs.
10.2 The Buyer, or the recipient of the Order, is invited to check the condition of the package and products upon delivery. In case of package anomalies (damaged or open package, liquid traces, etc.) and/or ordered products (missing, defective or damaged products), the Buyer or the recipient of the Order must return the products to the Seller following the procedures described below.
10.3 Failure to follow the correct procedure excludes any recourse against the carrier and/or the Seller, including the right to a refund of the Order and/or redelivery of the ordered products.
10.4 The Buyer, or the recipient of the Order, may, alternatively, contact info@mastgloves.it / mastgloves@gmail.com by email to find out how to return damaged, non-compliant and/or defective product(s).
10.5 The procedure for returning damaged, non-compliant and/or defective products must be followed by the Buyer. Otherwise, the Buyer will not be entitled to any refund or replacement of the products in question. Procedures that must necessarily be followed in case of obvious damage to the package for its return to the Seller:
10.6 In case of anomaly found in the presence of an express courier shipment manager: Refuse delivery and write on the courier's document all reservations regarding the anomaly in a clear and detailed manner. A report regarding the refused collection must then be forwarded to info@mastgloves.it / mastgloves@gmail.com
10.7 Procedure that must be obligatorily followed in case of missing, damaged or defective product: the Seller may request information relating to the identity of the Buyer or the recipient of the Order and carry out any verification that may be useful. The Seller will indicate to the Buyer, or the recipient, the procedure to follow to return the damaged or defective product, or to obtain the missing products. Once the products have been received, the Seller will verify that these products are actually defective, damaged or do not correspond to the description provided on the Website. If this verification is positive, the Seller will replace the defective, damaged or non-compliant product and send it to the Buyer as soon as possible and in any case within 30 (thirty) working days from the receipt of the products.
10.8 Shipping costs will be entirely borne by the Seller.
10.9 In the event that the Seller is unable to replace the products within the aforementioned term, it will immediately notify the Buyer at the email address indicated at the time of purchase registration and will reimburse the Buyer for the cost of such products and shipping costs if the Buyer provides proof of the cost incurred to return the products. The refund of the price will be made by the Seller by the methods chosen at its discretion as soon as possible, and in any case within 30 (thirty) working days from the date on which it receives the products.
10.10 In the event that, after examining the returned products, the Seller reasonably believes that the products cannot be considered defective, damaged or non-compliant with the description on the Website, the Buyer will not be entitled to a refund and the products will be returned to them, with shipping costs charged to the buyer.
11. Responsibilities
11.1 The Seller assumes no responsibility for delay or non-delivery of the goods due to force majeure or unforeseen circumstances that fully or partially prevent the execution of the contract within the agreed times.
11.2 The Seller shall not be liable to any party or third parties for damages, losses, and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, the consumer being entitled only to the refund of any price paid.
11.3 The Seller shall not be liable for consequences resulting from a defective product if the defect is due to the product's compliance with a mandatory legal norm or a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
11.4 The Seller shall not be liable if the injured party, aware of the product's defect and danger, voluntarily exposed themselves to it. Similarly, defects resulting from improper and/or incorrect use of the purchased goods, external causes (e.g., impacts, drops, etc.), carelessness, and improper use are not attributable to the Seller's responsibility.
12. Warranties and Assistance Procedures
12.1 The Seller only markets original products of high quality. The warranty is for 2 years from delivery and starts from the day of purchase of the good.
12.2 The Seller is liable if the lack of conformity becomes apparent within two years of delivery of the product; the defect is presumed to have existed at the time of delivery of the good if the defect is reported by the Consumer within one year of purchase.
12.3 The action to assert defects not fraudulently concealed by the seller is, in any case, time-barred after twenty-six months from the delivery of the good.
12.4 In the event of a defect, the Buyer has the right to have the goods restored to conformity, free of charge, within a reasonable time and without significant inconvenience for the consumer, by repair or replacement. The Consumer undertakes to make the goods to be restored available to the Seller, and the Seller undertakes to collect the goods at its own expense. Should these remedies fail, the Buyer has the right to an appropriate reduction in price or termination of the contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier. Products showing clear signs of tampering or damage caused by improper use or by external agents not attributable to manufacturing defects and/or flaws are not covered by the warranty.
12.5 In addition to following the procedures indicated in art. 10 of these conditions, the buyer must send their request in writing, by registered letter with return receipt, to the Seller, who will indicate their availability to proceed with it – or the reasons that prevent them from doing so – within 7 (seven) working days of receipt. In the same communication, the Seller will inform the Buyer of the shipping or return methods for the goods and the deadline for the return or replacement of the defective goods. If the lack of conformity concerns only some of the goods delivered under the sales contract and there is a reason for termination of the sales contract pursuant to article 135-bis of the Consumer Code, the consumer may terminate the contract limited to the non-conforming goods and those purchased together with the non-conforming goods, if it is not reasonably presumed that the consumer has an interest in retaining the goods not affected by defects.
12.6 If the consumer terminates the sales contract entirely or limited to some of the goods delivered under the sales contract, the consumer is obliged to return the goods to the seller, at the latter's expense, and the seller is obliged to refund the consumer the price paid for the goods upon receipt of the goods or the evidence provided by the consumer regarding having returned or shipped the goods.
13. Obligations of the Purchaser
13.1 Once the purchase procedure is completed, the buyer undertakes and is obliged to print and keep these general conditions, which, moreover, they will have already read and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in Legislative Decree no. 206 of 6 September 2005.
13.2 The Buyer is strictly forbidden from entering false, and/or invented, and/or fictitious data in the registration procedure via the appropriate electronic form; personal data and email must exclusively be their own real personal data and not that of third parties, or fictitious data. The Buyer therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the product purchase procedure.
13.3 It is expressly forbidden to make duplicate registrations corresponding to a single person or to enter third party data. The Seller reserves the right to legally prosecute every violation and abuse, in the interest and for the protection of all consumers.
13.4 The Buyer indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the Buyer, as the latter is solely responsible for correct entry.
14. Right of withdrawal
14.1 According to the provisions of the Consumer Code, the Buyer may, within 14 (fourteen) working days from the date of receipt of the package containing the ordered goods, withdraw from the purchase contract by returning the received goods in their original packaging, without tampering with any warranty seal or simply opening and/or damaging the outer packaging itself.
14.2 In particular, for contracts concerning the sale of goods, if the goods have been delivered, the substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal.
14.3 The provisions relating to the exclusion of the right of withdrawal for certain categories of goods and services provided for in art. 59 of the Consumer Code are reserved. In particular, the right of withdrawal is excluded for goods sold "custom-made" and in cases where the sales service concerns the supply of sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery (art. 59 letter e) Consumer Code).
14.4 The Buyer, by exercising the right of withdrawal in accordance with this article, within the terms and according to the methods described below for the return of products, may choose to obtain:
- a refund of the amount paid for the products returned to the central warehouse, by re-crediting the relative sum to their credit card or by bank transfer;
14.5 Pursuant to article 67, paragraph 3 of the Italian Consumer Code, the return costs will be borne exclusively by the Buyer.
14.6 Please also note that packages sent at the recipient's expense will not be accepted.
14.7 The Seller will refund the customer the full amount already paid for the product, excluding shipping costs, within 14 days of receiving the return form containing the decision to exercise the right of withdrawal. The Seller reserves the right to withhold the refund until they have received the goods or until the Buyer has demonstrated that they have returned the goods.
14.8 The Buyer and/or the recipient of the Order must necessarily fill out the return form, received via e-mail after contacting customer service, duly completed and signed as per instructions.
14.9 Products must be returned to the Seller in their substantial integrity, with their original packaging, accessories, instructions for use and anything else supplied with them, in conditions suitable for resale.
14.10 The Seller will accept the returned goods, reserving the right to ascertain that the products have been returned in their original state and with their original packaging.
14.11 The refund will be made by reversing the amount charged to the Credit Card or by Bank Transfer using the bank details (IBAN code of the invoice holder) provided by the Buyer.
14.12 The return of products will not be accepted beyond the legal term established for withdrawal and contractual cancellation.
14.13 The Consumer who exercises the right of withdrawal in accordance with the provisions will be reimbursed the sums already paid no later than 30 days from the date on which the Seller (or the service provider) became aware of the Consumer's exercise of the right of withdrawal.
14.14 Pursuant to Art. 59, letter c) of the Consumer Code, the right of withdrawal does not apply to personalized items, i.e., those products made to measure or according to the customer's specific requests such as personalization.
15. Termination of contract
15.1 Should one Party default on any of its obligations under this contract, the other Party may request its termination pursuant to articles 1453 et seq. of the Italian Civil Code, without prejudice in any case to the right to compensation for damages.
15.2 Pursuant to article 1456 of the Italian Civil Code, the party intending to terminate the contract shall notify the other party by registered letter with return receipt or PEC (Certified Electronic Mail), stating the reason; the effects of the termination shall commence from the date of receipt of the termination notice as shown by the receipt delivered to the terminating Party, and the Buyer shall only be entitled to the refund of any amount already paid.
16. Communications
16.1 Except in expressly indicated cases – or those established by legal obligations – communications between the Seller and the Buyer shall preferably take place via email messages to their respective electronic addresses, which shall be considered a valid means of communication by both parties, and their production in court cannot be challenged solely on the grounds of being electronic documents.
16.2 Both parties may at any time change their email address for the purposes of this article, provided that they promptly notify the other party in accordance with the forms established in the preceding paragraph.
17. Protection of Buyer's Confidentiality and Data Processing
17.1 The Seller protects the privacy of its customers and guarantees that the processing of personal data complies with Regulation (EU) 2016/679 and applicable data protection legislation.17.2 The personal, demographic and tax data acquired by _______, the data controller, are collected and processed in the forms and methods set out in the website's Privacy Policy and in the information notice provided for by art. 13 of GDPR 679/2016 and Legislative Decree 30 June 2003, no. 196 (Privacy Code), which the buyer expressly declares to have read.
18. Jurisdiction and Competent Court
18.1 Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated "on line" through the Seller's website is subject to Italian jurisdiction, also as provided for by art. 3, Conv. 19 June 1980, no. 80/934/EEC (Rome Convention), on the law applicable to contractual obligations; for anything not expressly provided for therein, these general conditions refer to Legislative Decree 6 September 2005, no. 206 (Consumer Code).
18.2 In the event of disputes arising from or connected to this contract, the parties undertake to seek a fair and amicable settlement between themselves.
18.3 Should the dispute not be resolved amicably, and in any case within six months from the date of its inception, it will be brought to the exclusive knowledge of the Court in whose district the Buyer/Consumer has his domicile as provided for by Legislative Decree 206/05; in the event that the Buyer does not have the status of final consumer, it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Forlì.
19. Final clauses
19.1 This contract supersedes and replaces any prior agreement, understanding, negotiation, whether written or oral, between the parties concerning the subject matter of this contract.
Updated on 10/16/2023.