Conditions and Services.
Remember that you can always contact MAX IS MA S.R.L (www.max1980.com) via email through the Contactssection (firstname.lastname@example.org)
For any other legal information, see the Max1980.comPrivacysections.
General Terms of Sale
1. Our trade policy
1.1 The Seller offers products for sale, on max1980.com,and conducts its e-commerce activities exclusively to its end users who are "consumers".
1.2 When we speak of a "consumer" we refer to any individual who acts on max1980.com with purposes not related to his business, business or professional activity, possibly carried out. If you are not a "consumer", we encourage you to refrain from concluding business transactions through max1980.com..
1.3 In view of its trade policy, the Seller reserves the right not to follow orders from persons other than the "consumer" or in any case to orders that do not comply with his or her trade policy.
1.4 These General Terms of Sale only govern the offer, forwarding and acceptance of product purchase orders on max1980.com between max1980.com users and the Seller.
1.5 The General Terms of Sale do not regulate the provision of services or the sale of products by persons other than the Seller who are present on max1980.com via links, banners or other hyperlinks. We recommend that you check their terms of sale before submitting orders and purchasing products and services from persons other than the Seller, because the Seller is not responsible for providing services from third parties other than the Seller or concluding e-commerce transactions between users of max1980.com and third parties.
1.6 max1980.com reserves the right to refuse orders generated on its site if it considers that there are no contractual basis appropriate to the seller's policies.
1.7 max1980.com reserves the right to delete or block users if they deem them ineligible for contractual sales policies
2. How to conclude the contract with Max1980.
2.1 To conclude the purchase agreement for one or more products on max1980.com,you will need to fill out the order form electronically and pass it on to the Seller, via telematics, following the instructions. The purchase agreement is stored in our archive:
2.2 After you have concluded the purchase agreement of one or more products, through the transmission of the order form, you will be sent an email summarizing the transaction in which is contained a referral to the General Terms of Sale – Policy – and a summary of the information on the essential characteristics of each product ordered with its price (including all applicable taxes or taxes), of the means of payment that you can use to purchase each product, how the purchased products are delivered, how the trader handled complaints, shipping and delivery costs; as well as the Seller's geographical and e-mail references and email address, and the date by which the Seller agrees to deliver the goods. The Seller will also provide you with a summary of the conditions and methods for exercising your right of withdrawal and the manner and timing of the return of the purchased products (SERVICES POST SALE). You will also be given an indication of the circumstances in which you will lose the right to withdraw from the contract. If applicable to the purchase, you will be informed that, in the event of withdrawal, you will have to bear the cost of returning the products. In any case, you will be reminded of the existence of the legal guarantee of product compliance, you will be provided with contact references of our after-sales service.
2.3 In the order form, which appears immediately before the conclusion of the purchase agreement, we will provide you with summary information about the essential characteristics of each product ordered, the price (including all applicable taxes or taxes) and the shipping costs (including any additional costs you incurred for choosing a different and/or faster shipping type than the standard one). The contract is concluded when the Seller receives, by telematics, your order form, after verifying the correctness of the data related to your order. The purchase agreement is stored in our archive.
2.4 Product availability
Product availability refers to actual availability at the time the buyer makes the order. This availability must, however, be considered purely indicative because due to the simultaneous presence of the products on other online and in-store sales channels they could be sold to other customers before the order is confirmed.
Even after the order confirmation email is sent, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the deletion of the unavailable product and the buyer will be immediately notified by e-mail.
If the buyer requests the cancellation of the order, resolving the contract, max1980.com. will refund the amount paid within 30 days from the time max1980.com had knowledge of the buyer's decision to terminate the contract.
Orders will be fulfilled during the following time: Monday to Friday, in the followingtime slot: 9:00 a.m. to 6 p.m.
The invoice can only be requested at the same time of the order confirmation by filling out the dedicated forms.
The billing request cannot be accepted after the order confirmation or in the following days.
2.6 Safeguard clause
In the event that one of the clauses of these General Terms of Sale is null and void for any reason this will in no way compromise the validity and compliance of the other provisions in these General Terms of Sale.
Each request for information can be sent by e-mail to the following email@example.com, by telephone at 0804956212 or by filling in the CONTACT form on the website.
The number is available Monday through Friday at the following times: 9:00 a.m. - 1:00 p.m., 2:30 p.m. - 6 p.m.
2.8 Applicable law and competent forum
These General Terms of Sale are governed by Italian law and interpreted according to it, except for any other imperative prevailing rule of the country of habitual residence of the buyer. As a result, the interpretation, execution and resolution of the General Terms of Sale are subject only to Italian law and any disputes inherent and/or resulting from them must be resolved exclusively by the Italiancourt. In the event of a dispute, the relevant forum is indefinitely assigned to the Forum of Residence (or domicile) of the Consumer under Article 66-bis D.Lgs. 206/2005
It informs the consumer residing in Europe that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This instrument can be used by the European Consumer to resolve non-judicially any dispute relating to contracts relating to the sale of goods and services entered into on the network and/or arising from them. (Under european Union Regulations 524/2013)
As a result, if you are a established consumer in Europe, you can use that platform to resolve any dispute stemming from the online contract signed on www.max1980.com
The European ODR platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT
3. Guarantees and product price indications
3.1 On max1980.com, only luxury and top-quality products are offered on sale. These products are purchased directly from the Seller at manufacturers and from boutiques authorized to sell the brands on the site max1980.com carefully selected for their rigorous quality controls.
3.2 The Seller does not sell used, irregular or below the corresponding standards offered on the market.
3.3 The essential features of the products are presented on max1980.com within each product sheet. However, the images and colors of the products offered for sale on max1980.com may not match the real ones due to the Internet browser and the monitor used.
3.4 Product prices may be subject to updates. Make sure of the final sales price before submitting the sales order form.
3.5 Purchase requisitions from countries outside the shipping section cannot be accepted by the Seller.
3.6 All products are fitted with a fixed identification card with a disposable seal. We ask that you do not remove the card and its seal from the purchased products, of which they are an integral part. The Seller, in the event of the exercise of your right of withdrawal, has the right not to accept the return or not to fully refund the sums paid for the purchase, in relation to those products that do not have the relevant card or have been altered in their essential and qualitative characteristics or that have been damaged, as best clarified in paragraph 8.10.
3.7 Products sold on max1980.com are protected by the legal guarantee of product compliance under Article 128 ss. Consumer Code.
3.7.1 Consumer Rights in Guarantee on Compliance of Purchased Item
3.7.2. The Consumption Code (D. Lgs. 128-135 provides for the obligation to ensure that consumers comply with the property purchased with the characteristics and qualities offered. The seller is therefore responsible for the compliance flaws that existed at the time of delivery of the asset for all products sold in its stores.
3.7.3. The compliance flaw exists when the product:
a. does not comply with the description or does not possess the qualities presented by the seller.
b. finds defects that limit its usual performance (e.g. poorly sewn buttons, faulty seams).
3.7.4. The Legal Guarantee only protects the so-called "consumer", i.e. the individual who, having purchased a product, acts for purposes unrelated to the business, commercial, artisanal or professional activity possibly carried out and therefore does not apply to products purchased with invoice and P.IVA by professionals and companies.
3.7.5. The legal guarantee has a duration of 2 years from the date of delivery of the asset, regardless of the existence of any other guarantees issued by the manufacturer and the duration of the good.
However, the compliance defect covered by the legal guarantee that occurs within that time must be reported by the consumer within 2 months of the date of the discovery of the defect. In order to ensure that the defect is not the result of misconduct by the buyer:
a. products must not have been used, worn, washed or damaged;
b. the identification tag must still be attached to products with the disposable seal;
In the event of a compliance defect duly reported within the deadline, the consumer is entitled to the seller's reinstatement, without charge, of the compliance of the asset by repair or replacement, or an appropriate price reduction or termination of the contract. In particular, the consumer is entitled to:
a. to repair or replace the asset, of your choice, unless the required remedy is impossible or excessively burdensome compared to the other; the remedy required is "excessively onerous" when it imposes unreasonable expenses on the seller compared to alternatives, taking into account the value of the intact asset, the extent of the defect and the possibility of resorting to alternative remedies without significant inconvenience to the consumer;
b. on a subordinate stage (where the first two remedies are impossible or excessively burdensome, that is, they have not been carried out in a reasonable time, or previous repairs or replacements have caused considerable inconvenience to the consumer), to request a price reduction or termination of the contract.
3.7.6. The consumer may assert his rights in the legal guarantee of compliance by addressing the seller of the asset – that is, MAX IS MA S.R.L.– or through an email to: firstname.lastname@example.org
3.8.1. You can get information about how we treat your personal data by going to the https://section www.max1980.com/privacy.aspx
3.8.3.Please read carefully the Privacy that also applies if you access max1980.com and use the relevant services, but do not acquire any products. Privacy helps you understand how max1980.com collects and uses your personal data and for what purposes.
3.9. Dispute Resolution, ODR and Joint Reconciliation
If you submitted a complaint to us that we were unable to resolve together, please remember that the online consumer dispute resolution service was set up by law.
Since January 9, 2016, there is an online platform where you can find the list of bodies that you can turn to to open an online dispute resolution procedure. You can find all the information at http://ec.europa.eu/consumers/odr/
For any further information, please contact our customercareat email@example.com firstname.lastname@example.org
For civil disputes relating to the application of Sections I to IV of this head, the jurisdiction is the court of the place of residence or residence of the consumer, if located in the territory of the State.
ADR/ODR Legal Notes
Alternative dispute resolution - ALTERNATIVE DISPUTE RESOLUTION (ADR) / ONLINE DISPUTE RESOLUTION (ODR)
According to art. 14 of Regulation 524/2013 informs you that in the event of a dispute you will be able to file a complaint through the European Union ODR platform that can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to resolve disputes arising from sales contracts or online services out of court. For more information contact: email@example.com
The General Terms of Sale are governed by Italian law and in particular by the Legislative Decree 6 September 2005, 206, on the Consumer Code, with specific reference to the legislation on remote contracts and the legislative decree 9 April 2003 70 on certain aspects concerning e-commerce.
3.9.1. Edit and Update
The General Terms of Sale are also changed from time to time in view of any regulatory changes. The new General Terms of Sale will be effective from the date of publication on max1980.com
4.1 To pay the price of the products and their shipping and delivery costs, you can follow one of the methods in the order form. Under no circumstances will you be charged in excess of those actually incurred by the Seller, in relation to the payment tool you choose.
4.2 In the case of payment by credit card, financial information (for example, credit/debit card number or expiration date) will be forwarded, via encrypted protocol, to Banca Sella or other banks, which provide the relevant electronic payment services remotely, without any third parties having access to it. In addition, this information will never be used by the Seller except to complete the procedures related to your purchase and to issue the relevant refunds in the event of any refunds of the products, following the exercise of your right of withdrawal, that is, if it is necessary to prevent or report to the police the commission of fraud on max1980.com. The price for the purchase of the products and the shipping and delivery costs, as indicated in the order form, will be charged to your bank account when the purchased products are shipped.
5.1 COUPONs are custom codes that allow you to take advantage of a discount on purchases made on max1980.com..
5.2 The INSERT COUPON box appears on the first page of the purchase process: once you have entered the items in the SHOPPING BAG, enter your code in the Use a COUPON CODE box and click APPLY .
5.3 Limitations on using COUPON A). Value COUPON cannot be converted into cash in any way; B). You will not be able to use multiple COUPONs in the same order; C). It is not valid for all discount scales on the site
5.4 If for some reason you are not satisfied with your order, you can make the item on which you applied the COUPON by following the standard return procedure available in the Returns section. Once your return has been accepted, you can agree to receive a new COUPON with our customer service by sending a request to firstname.lastname@example.org 6.1 To know the specific ways in which the products are shipped and delivered, go to the Shipping section, within the INFORMATION area.
6. Customer Support
6.1 You will be able to request any information through our support services: contact Customer Service. For more clarification, go to the CONTACTS area
7. Right of Withdrawal
7.1 For purchases outside the E.U., the return is paid by the customer.
7.2 You have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within thirty (30), starting from the day of receipt of the products purchased on max1980.com. In some specific cases, duly reported in the Section Right of Withdrawal, it will be possible to change the chosen garment to another.
8 To withdraw from the contract you can use the Return Form (compliant with the type form under Article 49, paragraph 4 of the consumer code) to be filled in and transmitted directly online through the max1980.com website, that is to write and send to the Seller another explicit statement of your decision to withdraw from the contract. If you choose to use the Return Form to be transmitted directly online through the max1980.comwebsite, the Seller will send you confirmation by e-mail that the withdrawal request has been received. If you choose, instead, to send another declaration of withdrawal, the onus is to prove the correct and timely exercise of the right of withdrawal, it will be on you.
8.1 Once you have terminated the contract, you will need to return the products to the Seller by delivering them to the courier for shipping within thirty (30) days since you informed the Seller of your decision to withdraw from the contract.
8.2 The only costs incurred by you are those of returning the purchased products, unless the Seller has expressly exempted you from these expenses at the time of purchase and the additional condition that you take advantage of the shipper indicated by the Seller in the Return Form.
8.3 If you decide to use the shipper listed by the Seller in the Return Form, you will not have to pay the costs of returning the purchased products yourself. The payment of the costs of returning the purchased products will be made, on your behalf, directly by the Seller, which will therefore free you from any obligation to pay to the shipper. The Seller, for the payment of the return, will in fact withn from the refund a lump sum equal to the standard shipping cost of the purchased products. In addition, from the time of the return of the purchased products to the shipper indicated by the Seller in the Return Form, the Seller exempts you from any liability in case of loss or damage of the products during transport.
8.4 If you decide to use a different shipping mode than the one indicated by the Seller in the Return Form, you will have to pay the costs of returning the purchased products yourself. In this case, an amount equivalent to the cost of the purchased products will be refunded, while any additional costs incurred by you for choosing a different and/or faster type of shipping and delivery than the standard one will not be refunded. In this case, you may be liable if the products are lost or damaged Otherwise, the Seller will be able to withhold the products, in addition to the sums already paid for their purchase.
8.5 If, at the time of delivery of the products previously contracted with the Seller, the buyer refuses the delivery of the package (without a fair cause communicated in time to our customer service: email@example.com or does not indicate an exhaustive shipping address will not be entitled to the full refund of the sums already paid to the Seller. In this case, a sum equal to the cost of shipping (to the customer and return: to the Seller) will be deducted from the expected refund. All this will be specifically communicated to you, by e-mail, by the Seller. Within 3 days of sending the e-mail with which you will be notified of the amount deducted from the refund, you can choose to get back, at your expense, the products in the state in which they were returned to the Seller, communicating them to the Seller, in accordance with the manner that will be communicated to you
9. Refund Times and Modes
9.1 After the return of the products, the Seller will carry out the necessary investigations relating to the compliance of the products with the conditions and the terms specified in paragraph 8. In case the verifications are successful, the Seller will send you, by e-mail, the relevant confirmation of the acceptance of the products returned. In the event that the checks do not conclude positively, the Seller informs you, by e-mail, that there is a decrease in the value of the returned products, resulting from the non-compliance of the conditions referred to in the letters b) c) and d) of the previous paragraph 8.3. At the same time, the Seller also informs you of the amount that will be deducted from the sums you pay for the purchase of the returned products; Alternatively, the possibility of getting the products back to the state in which they were returned to the Seller, as expected in paragraph 8.10, remains available at your own expense.
9.2 Whatever payment method you use, the refund, in full or partial, is activated by the Seller as little as possible and in any case within thirty (30) days of the date the Seller has become aware of the exercise of your right of withdrawal after verifying the correct execution of your right of withdrawal and verification of the returned products.
9.3 The Seller makes the refund using the same means of payment that you used to purchase the returned products, unless you have expressly agreed with the Seller to use a different means of payment and provided that you do not have to incur any additional costs as a result of the refund. If there is no correspondence between the recipient of the products indicated in the order form and the recipient of the sums owed for their purchase, the reimbursement of the sums, in the event of the exercise of the right of withdrawal, will be carried out by the Seller, in any case, against the paymenter.
9.4 The currency date of the credit is the same as the charge; as a result, you will not lose any bank interest.
9.5 The Seller indicates what is the shipper for the return of products: courier SDA in Italy or DHL Sardinia, Sicily and outside Italy (http://www.dhl.com/) and www.ups.com . The customer must use the preprinted sticker label attached to the package containing the products (label present only for DHL orders outside Italy), you will be able to return the products to the Seller, without making the necessary expenses in person. For returns in Italy, the label is placed by the courier at the time of pickup. According to the terms and conditions for the exercise of the right of withdrawal, this method allows the Seller to pay directly, on your behalf, the costs of returning the purchased products, freeing you from any obligation to pay to the shipper. This method also allows you to check, at any time, where each package is located, freeing you from any liability in case of loss or damage of products during transport. For returns from Russia and the rest of the world, the entire operation is paid by the customer who can decide for themselves the courier to be used for the return. Only the package tracking number that the customer can send to firstname.lastname@example.org
9.6 If you decide to use a non-seller for the return of the products, you will be responsible for shipping costs, including liability in the event of loss or damage to the products.
10.1 You will be able to get information about how we treat your personal data by accessing Privacy.
11. Applicable law and dispute resolution
11.1 The General Terms of Sale are governed by Italian law and in particular by the Legislative Decree 6 September 2005 n. 206, on the Code of Consumer Consumption at Cape I 'Consumer Rights in Contracts', with specific reference to the legislation on remote contracts and the legislative decree 9 April 2003 n. 70 on certain aspects of e-commerce.
12. Edit and Update
12.1 The General Terms of Sale are also changed in view of any regulatory changes. The new General Sales Terms will be effective from the date of publication on max1980.com..
RISK PASSAGE CLAUSE
According to the terms of art. 63 Consumer Code, the "risk of loss or damage of goods due to the seller's non-attributable cause, is transferred only to the consumer when the consumer, or a third party he or she has designated and other than the carrier, enters materially in possession of the goods.
Any damage to the packaging and/or product or mismatch of the package number of the indications must be immediately contested in writing on the courier's delivery bulletin. Where permitted by applicable law, once the courier's document has been signed without the customer having raised any exceptions, the customer will not be able to dispute the external characteristics of the delivered package
"The customer will need to check the Products immediately at the time of delivery, to ascertain their compliance with what is ordered, the possible lack of some of the products ordered or report any overt product defects. If the customer has signed the delivery document without reservation, they will not be able to dispute any disputes, except for the hidden defects." In the case of product damage or mismatch, the clauses as stated above limit the objections that the consumer could object to if they do not come in the immediateness of delivery raised exceptions to the courier in case of non-hidden defects (activities that the law does not require the consumer or which the same could not perform for example if the delivery is made to a third party)
LIMITATION OF RESPONSIBILITY.
Outside of cases of misconduct or gross negligence, MAX IS MA S.R.L will not be in any way liable to the Customer for indirect or consequential damages that may at the same time result from the purchase of products offered for sale on the site." In the second, a limitation of liability for possible inappropriate graphic representations of the images of the products on the site, according to the wording of the clause, also not attributable to factors not controllable by the seller (e.g. as a result of the internet browser or monitor used by the consumer):"3. Purchase procedure. The site shows, for each selected Product, an image of the Product itself, the unit price, color and sizes. Images are used for the product's illustration purposes; MAX IS MA S.R.L cannot therefore be held responsible for any inappropriate graphical representation of the products presented on the site."
Please read carefully the Privacy that also applies if you access max1980.com and use the relevant services, but do not acquire any products. Privacy helps you understand how max1980.com collects and uses your personal data and for what purposes.
1. Intellectual Property Rights
The contents of max1980.com,such as, but not limited to, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on max1980.com,including menus, web pages, graphics, colors, diagrams, tools, fonts and website design, diagrams, layouts, methods, processes, functions and software that are part of max1980.com,are protected by copyright and any other intellectual property rights of Max1980and other rights holders. It is forbidden to reproduce, in all or part, in any form, max1980.com of its contents, without the written consent of Max1980..
Max1980 has the exclusive right to authorise or prohibit direct or indirect reproduction, temporary or permanent, in any way or form, in all or part, of max1980.com and its contents. With regard to the use of max1980.com,you are only authorized to view the website and itscontents. You are also authorized to carry out all those other temporary acts of reproduction, without proper economic significance, which are considered transient or ancillary, an integral and essential part of the same display of max1980.com and its contents and all other navigation operations on the website that are performed only for the legitimate use of max1980.com and its contents.
You are not allowed to perform any playback, on any media, in all or part of max1980.com and its contents. Any act of reproduction must, from time to time, be authorized by Max1980or, if necessary, by the authors of the individual works contained on the website.
Such reproduction operations will still have to be carried out for lawful purposes and in accordance with the copyright and other intellectual property rights of Max1980and the authors of the individual works contained on the website. The authors of individual works published on max1980.com have, at any time, the right to claim the paternity of their works and to oppose any deformation, mutilation or other modification of the works themselves including any act to damage the works, whether it is detrimental to their honor or their reputation.
You are committed to respecting the copyright of artists who have chosen to publish their works on max1980.com or who have collaborated with max1980.com to the creation of new forms of expression and art intended to be published, even not exclusively on the website, or, moreover, that form an integral part of it. In addition, you are not, under any circumstances, authorized to use, in any way and form, the contents of the website and every single work protected by copyright and any other intellectual property rights. For example, you will not be able to alter or otherwise modify the protected content and works without the consent of Max1980 and, where necessary, the individual authors of the works published on max1980.com..
2. Content Warning
Max1980 has taken all measures to prevent content that describes or represents scenes or situations of physical or psychological violence or such that, according to the sensitivity of users of max1980.com,can be considered detrimental tocivil convictions, human rights and the dignity of people, in all its forms and expressions.
In any case, Max1980 does not guarantee that the contents of the website are appropriate or law-only in other countries, outside of Italy.
However, if such content is deemed unlawful or illegal in some of these countries, please avoid accessing our website and if you choose, in any case, to access it, we inform you that the use that you decide to make of the services provided by max1980.com will be your sole and personal responsibility.
Max1980 has also taken every useful precaution to ensure that its users are max1980.com accurate and does not contain incorrect or up-to-date information, as far as they are published on the website and, as far as possible, even later.
However, Max1980 does not take any responsibility towards users for the accuracy and completeness of the content published by Max1980,on its website, except for its responsibility for gross misconduct and misconduct and except as otherwise provided for by law.
In addition, Max1980cannot guarantee that its users will operate continuously, without interruption and in the absence of errors or malfunctions due to the Internet connection.
If you have any issues with the use of our website, please contact Customer Service. A Max1980managerwill be at your disposal to assist you and to help you restore the functionality of your website access, if possible.
Similarly, we recommend that you contact your Internet service provider or check that each device for connecting to the Internet and accessing web content is enabled correctly, including your Internet browser.
Although Max1980 will try to do everything possible to ensure continuous access to its website, the dynamic nature of the Internet and its contents may not allow max1980.com to operate without suspension, interruption or discontinuity due to the need to operate website updates.
Max1980 has taken appropriate technical and organisational measures to safeguard the security of its services on max1980.com,the integrity of data relating to traffic and electronic communications in relation to forms of use or cognition that are not permitted, and to avoid the risk of dispersion, destruction and loss of data and information relating to its users, present on max1980.com,or of unauthorized access, or non-compliant with the law, data and information.
4. Our trade policy
Max1980 has adopted its own commercial policy; its mission is to sell products through its services and website only to the "end consumer", meaning by this term a physical person who acts, on max1980.com,for purposes unrelated to his business, business or professional activity, possibly carried out.
5. Applicable Law and Dispute Settlement