TERMS AND CONDITIONS OF THE SERVICES
These terms and conditions (hereinafter, the “Terms”) apply to the use and access to the website (hereinafter, the “Website”), as well as to any purchase order for goods or services provided by the company Maro Group srl (hereinafter, “sh +”) through the aforementioned website.
0. Changes to the Terms
0.0 The Terms may be subject to change. We therefore ask you to consult them every time you wish to make a purchase, in order to understand which conditions are applicable from time to time to your contract with sh +.
0.1 In the event that the changes made should be applicable to an order already placed, we will contact you reasonably in advance, also communicating the methods of withdrawal from the contract. This right may be exercised both with reference to products not yet delivered and with reference to those already delivered. Where the withdrawal is exercised due to the non-acceptance of the changes to the Terms, he must return the products already received and sh + will refund the purchase price, including shipping costs.
1. Who we are
1.1 We are , Maro group srl, a company established and validly existing under Italian law, having its registered office in Bonemerse (Cremona), Italy, Via G. Marconi, 16, VAT number. n. 01088920192.
1.2 Our Customer Service can be reached at +39 0372-496222 or by email at the following address: [email protected] .
1.3 If necessary, SH + will contact you via the telephone number or e-mail address you indicated when placing your order.
1.4 The use of the “in writing” formula in these Terms includes electronic mail.
2. The Agreement
2.1 Our purchase pages will guide you through the ordering process. It will allow you to check and modify any errors before finalizing the order. Therefore, we ask you to pay attention to the various stages of the procedure.
2.2 Upon completion of the order, you will receive a confirmation email, which, however, should not be considered as acceptance of the order itself. The latter will take place in the manner indicated in clause 2.3 below.
2.3 The acceptance of the order by SH + will take place when we will send you confirmation of the shipment of the product, from which point the contract between you and SH + will be considered concluded.
2.4 In the event that your order is not accepted, SH + will inform you in writing and will refund the amount paid for the purchase. The non-acceptance could depend on the exhaustion of the product, as a consequence of sudden and unpredictable reductions in the available resources, from the identification of an error in the price or in the description of the product or from the impossibility for SH + to respect the delivery date indicated at the time of the order. However, SH + reserves the right not to accept an order for any reason.
2.5 Your order will be assigned an identification number which will be communicated to you upon acceptance of the order. This will allow us to assist you whenever you need to contact us regarding your order.
3. Our Products
3.1 The images of the products on our websites are for illustrative purposes only. Although SH + has tried to display colors as accurately as possible, we cannot guarantee that the resulting shades from your monitor will exactly match those of our products. There may therefore be slight variations from the images.
3.2 The packaging of the products may be different from that shown on the Website.
4. Your Right To Amend An Order
4.1 Should you wish to change an order that has already been processed, we ask you to contact us. We will let you know if it is possible to make an exchange; in this case, we will inform you of any changes to the price of the products, delivery times or anything else necessary as a result of the requested change. We will also ask you to confirm whether you wish to proceed or not.
5. Delivery of Products
5.1 The delivery costs will be shown to you on the Website.
5.2 During the execution of the order we will inform you about the delivery times of the products. Estimated delivery dates are shown on the shipping information page.
5.3 SH + will not be responsible for any delays resulting from events beyond its control (including delays due to customs clearance procedures). Please refer to clause 14, relating to events beyond the control of SH +.
5.4 We insure every order for the period of shipment of the product, up to the time of delivery to the address provided by you.
5.5 We require a signature upon delivery of the products.
5.6 If you have indicated a recipient other than yourself (for example in the case of gifts), you confirm that the signature by this person (or by others at the specified address) constitutes proof of delivery and evasion of the order and you will acquire responsibility for the products from that moment.
5.7 The products will become your responsibility upon delivery to the address indicated and the relevant signature.
5.8 The ownership of the products will be transferred to you when SH + has received full payment for them.
5.9 SH + may need certain information necessary to supply the products; to this end we will contact you in writing. If you fail to provide this information within a reasonable time, or if you provide incomplete or incorrect information, we will have the right to terminate the contract. In these cases, we will not be responsible for any delays in delivery or failure to supply the products.
5.10 SH + may suspend the supply of products in the following cases:
5.10.1 technical problems or the need to make minor technical changes;
5.10.2 the need to modify the product in order to comply with legislative or regulatory reforms;
5.10.3 need to modify the products in accordance with your request or following notification by SH +.
5.11 Unless there is an urgency, we will contact you in advance in order to inform you of the need to suspend the supply. You can contact us to obtain the termination of the contract relating to the product in the event of suspension, or communication from us about a future suspension, provided that, in both cases, the same continues for more than 30 days. In this case, we will refund any amount already paid with reference to the product.
5.12 In the event of non-compliance with the delivery times of the products, you will have the right to cancel the order if the following hypotheses occur:
5.12.1 SH + refuses to deliver the product;
5.12.2 delivery within the deadline is to be considered essential (taking into consideration all the circumstances of the case);
5.12.3 SH + had been informed of the essential nature of the term, prior to acceptance of the order.
5.13 If you do not wish to cancel your order or are not entitled to it pursuant to clause 5.12, you may indicate a new and reasonable delivery deadline; if SH + does not respect the delivery deadline again, it will have the right to cancel the order.
5.14 If you choose to cancel your order pursuant to clauses 5.12 or 5.13 above, you may do so with reference to the entirety of the products purchased or to some of them, unless such division considerably reduces their value. If the products have already been delivered to you, you will have to return them to SH +, which will cover the shipping costs. Following the cancellation of the order, SH + will refund any amount paid with reference to the canceled products and the relative shipping costs.
6. Worldwide Delivery
6.1 SH + 6.1 SH + delivers to the countries listed on the site
6.2 Orders may be subject to taxes or customs duties.
Orders to these destinations or to European Union countries will not be subject to customs duties.
6.3 You must comply with all applicable laws and regulations in the country of destination of the products. SH + cannot be held responsible for violations committed by you in this regard.
7. Your Right To Terminate A Contract
7.1 You can always terminate your contract with SH +. Your rights at the time of conclusion of the contract will depend on the products purchased, on any defects reported by them, on the way in which SH + is executing the contract and on the moment in which the termination is exercised:
7.1.1 If what you have purchased is defective or incorrectly described, you may be entitled to terminate the contract (or to repair or replace the product, or to a refund of part or of the entire amount spent), see in this regard the Clause 10;
7.1.2 If you wish to terminate the contract for reasons inherent to the behavior of SH +, please consult clause 7.2;
7.1.3 If you have changed your mind about the product, please refer to clause 7.3. If you exercise the relative right within a certain time frame, you will be able to obtain a refund of the amount paid, however the same could be subject to deductions and the costs of returning the goods will be charged to you.
7.2 If you terminate a contract for a reason referred to in paragraphs 7.2.1 to 7.2.5, the contract will be considered terminated immediately and we will fully refund the cost of the products that have not been supplied, together with any compensation. In particular, this will take place in the event that you have received a communication regarding:
7.2.1 an upcoming change to the product or these Terms, which you do not intend to accept;
7.2.2 an error in the price or description of the product you have ordered and you do not wish to proceed with the purchase anyway;
7.2.3 the possibility that the delivery of the products may be significantly delayed due to events beyond our control;
7.2.4 the suspension of the supply of products for technical reasons or the notification by us of the imminent suspension of the same for technical reasons, in any case for a period exceeding 30 days; or
7.2.5 serious breach by SH +.
7.3 As a consumer you have the right to cancel the contract. It has 14 days from the moment of receipt of the products, unless they are delivered at different times. In this case, the 14-day term will be considered effective from the day of the last delivery
8. Consumer Rights Act 2015
8.1 If you decide to terminate the contract, you can contact us through appropriate telephone communication, e-mail or you can access your account or visit the guest portal or email. You can log into your SH + account or the guest portal detailed in the returns section and request a return. You can contact customer service at +39 0372 496222, or you can send an e-mail to . We ask you to provide your name, address, order details and, if available, your telephone number and email address.
8.2 In the event of termination of the contract, for whatever reason it occurs, after the shipment or delivery of the products has been made, the same must be returned within 14 days of receiving our return authorization email. The products, which must not have been used, will be sent at your expense by means suitable to guarantee their safety and delivery in good condition, the returns must be returned to Maro Group srl, Via G. Marconi 16, 26100 Cremona, Italy.
8.3 We will not pay the return costs, unless otherwise specified in your Return Material Authorization confirmation email (or RMA “Return Material Authorization”) or;
8.3.1 in the event that the products are defective or incorrectly described; or;
8.3.2 in the event that you terminate the contract following our notification of the imminent modification of the purchased product or of these Terms, there has been an error in the indication of the price or in the description, a delay in delivery due to events beyond our control or where you have the right to do so as a result of some error on our part.
8.4 In any other circumstance (including the case in which you decide to exercise your right to change your mind) you will be required to pay the return costs.
8.5 We will refund the price paid for the products, including shipping costs, by the method you used for payment. However, SH + may apply deductions to the amount to be refunded, as described below.
8.6 If you exercise your right to change your mind:
8.6.1 We may reduce the amount to be refunded (excluding delivery costs) to reflect any reduction in the value of the goods, caused by improper use of the products, which would not have been permitted in a shop. If the reimbursement occurs before the carrying out of the aforementioned check by SH +, and as a result of the same, improper treatment emerges, you will be required to pay an appropriate compensation. We therefore recommend that you insure the products during return.
8.6.2 The maximum reimbursement for delivery costs will be equal to the cost of the cheapest delivery method offered by SH +. By way of example, if, instead of delivery within 3-5 days, you opt for delivery of the product within 24 hours at a higher cost, we will only refund the amount you would have paid by choosing the cheapest delivery option.
8.7 The refund will be made as soon as possible. In particular, it will be carried out within 14 days from the moment in which we receive the returned product or, if earlier, from the day on which you will prove the shipment for the purpose of the return.
8.8 We recommend that you keep proof that the products have been sent. In case of non-receipt of the same, SH + will proceed to their recovery at your expense.
8.9 If you exercise your right to change your mind, we recommend that you return or exchange the products by re-sending the purchased product to your own. You will need to obtain a Return Merchandise Authorization (“RMA”) number within 14 days of receiving the products and you must return unwanted items within 14 days of receiving your RMA number. It is possible to exchange a product, obtaining a different size of the same, where available. Shipping costs must be understood as ancillary to the product being replaced.
9. Our Right To Terminate A Contract
9.1 SH + may terminate the contract at any time by contacting you in writing if you fail to provide, within a reasonable time of our request, the information we need to supply you with the products.
10. Product Problems
10.1 If you would like to submit questions or complaints regarding the products to us, please contact our customer service team on +39 0372 496222 or contact us by email at .
10.2 We are required to supply products in accordance with the provisions of this contract. You can consult the paragraph below for a summary of your rights in relation to our products. Nothing indicated in these Terms may limit or in any case modify the provisions of the same.
This is a summary of your main rights, which may be subject to some certain exceptions.
The Consumer Rights Act 2015 stipulates that products must correspond to their description, be suitable for the purposes for which they are intended and be of satisfactory quality. For the entire expected life of the product, you will be entitled:
Up to 30 days: if the item is defective, to obtain a full refund;
Up to six months: if the item is defective and cannot be repaired or replaced, you will get a full refund in most cases;
Up to six years: If the item can last for up to six years, it may be eligible for a repair or replacement or, if this is not possible, a refund of a portion of the purchase price.
Furthermore, the improvement provisions with respect to the rights listed above, established by the legislation of your State of residence, are reserved. With reference to Italy, see Legislative Decree 06/09/2005 n ° 206 (Consumer Code) and subsequent amendments.
10.3 If you wish to exercise your right to return a non-compliant product, the same must be returned to SH + by means suitable to guarantee its safety. SH + will bear the shipping or collection costs. We ask you to contact customer service on +39 0372 496222 or send us an email [email protected] in order to arrange the return or collection.
11. Price And Payments
11.1 Where to find the product price. The price of the product (which includes VAT, as indicated in clause 11.4) will be the price indicated on the pages relating to the order, as configured at the time of confirming your order. Prices do not include any customs fees that may be due upon delivery of the products (as indicated in clause 6). We do our best to make sure the price shown is correct. We ask you to read clause 11.6 regarding the consequences of an incorrect indication of the price of the ordered product.
11.2 The prices of our products may be subject to changes, which however do not affect orders already invoiced.
11.3 The price of a product does not include shipping costs. Our shipping costs are identified during the check-out process, before order confirmation.
11.4 We offer over ten (10) different currencies on the Website, depending on the shipping destination. The prices shown are inclusive of VAT (if applicable). Please see their local site for US and ASIA terms.
11.5 If, between the date of the order and the date of supply of the product, the applicable VAT rate changes, the price of the product will be changed, unless payment has already been made in full prior to the aforementioned change.
11.6 It is possible that, despite our best efforts, the price of some of the products may be incorrectly indicated. If the correct price of the product on the date of the order is different from the price indicated, we will contact you to obtain your instructions before accepting the order. In the event that we accept an order and the error in the price is evident, unmistakable and reasonably recognizable as an improper price, we will have the right to terminate the contract, refund the sums paid and request the return of the products supplied.
11.7 The products must be paid for before shipment.
11.8 You will be required to confirm that you are the holder of the credit / debit card or payment method used for the purchase. All credit / debit card holders are subject to validation and authorization checks by the card issuer. If the card issuer does not authorize the payment, SH + is not required to accept the order and will not be held responsible for delays or non-delivery, nor will it be required to inform you of the reason for the refusal.
11.9 We will not be liable to the card issuer or bank or to you for any top-ups resulting from the way we process the payment made through your credit / debit card in accordance with your order.
11.10 Any promotions may not be combined with other offers and discounts, except for promotions relating to delivery or unless expressly indicated.
12. Use of your personal data
13. Liability of SH +
13.1 If you fail to comply with these Terms, we will be liable for any damages that may arise, if it is an immediate and foreseeable result of our breach of the Terms or our negligence. A loss or damage is considered foreseeable when it is an obvious consequence of our breach, or if expressly contemplated at the time of entering into the contract.
13.2 You agree not to use the Product for any commercial or resale purposes; therefore, we will not be liable in any way for any loss of profit, loss of business, business interruption or loss of opportunity or business.
14. Events Beyond Our Control
14.1 We will not be liable in the event of failure to perform or delay in the performance of any of our contractual obligations, where this is caused by an event beyond our control, as defined in clause 14.2 below.
14.2 Event Outside Our Control means any act or event beyond our reasonable control, including, without limitation, strikes, blockades or other industrial actions by a third party, riot, invasion, terrorist attack or threat of attack terrorist, wars (whether declared or not) or related threats or preparatory maneuvers, fires, explosions, storms, floods, earthquakes, collapses, epidemics or other natural disasters or breakdowns of public or private telecommunication networks or inability to use railway networks , ships, aircraft, or other means of public or private transport.
14.3 If an event occurs outside our control and affects the performance of our contractual obligations:
14.3.1 we will contact you as soon as possible; is
14.3.2 our contractual obligations will be suspended, their execution period will be extended for the entire duration of the event placed beyond our control. If the event will affect the delivery of the products, we will arrange a new delivery date after the aforementioned event has ended.
14.4 It will be possible to terminate a contract affected by an event beyond our control that should last for more than 30 days. To this end, we ask you to contact us. If you decide to proceed with the termination, you must return (at your expense) all products already received and we will refund the price paid, excluding shipping costs.
15.1 The expression “in writing”, used in these Terms, includes email.
15.2 The consumer can contact us in the manner described in clause 1.2.
15.3 Regarding companies:
15.3.1 any notice or other communication, deriving from or relating to the contract, must be made in writing and delivered personally, it must be sent via a priority mail or courier service that allows delivery within the next working day after the shipment. , or by e-mail;
15.3.2 a communication will be considered received: if delivered personally to our registered office; if sent by priority mail service or courier that allows delivery within the next working day, at 9 am on the second working day following sending or, if sent by e-mail, one working day after transmission;
15.3.3 in order to prove that a communication has been sent, it will be sufficient to prove, in the case of a letter, that the address indicated is correct and that it has been duly stamped and sent, in the case of an e-mail, that it has been sent to the recipient’s e-mail address;
15.3.4 the provisions of this clause do not apply to documents relating to proceedings or legal actions
16. Use of the website
16.1 Registration, password and security. If you activate an account SH + will be responsible for maintaining the confidentiality of the password and username, as well as for all activities in which they are used. Please inform us immediately, by e-mail at , if you notice or suspect an unauthorized use of your password or username.
16.2 Your commitments
16.2.1 Confirm that: (a) all information and details provided are true, accurate and up to date in all their aspects. You can update or correct your personal data at any time by changing the details of the registered account; (b) will comply with the restrictions relating to the use of the Website as set out in these Terms.
16.2.2 You agree not to: (a) use the Website for illegal purposes and not to interrupt, damage, alter or make the Website less effective; (B) access or attempt to access the accounts of other users and not to violate or attempt to violate the security measures of the Website.
16.2.3 You agree to hold SH + harmless in the event that: (a) our company faces legal proceedings as a result of your breach of these Terms; and / or (b) You have acted negligently, recklessly or in a deliberately harmful manner and SH + has suffered damage as a result of your use of the Website or any content submitted by us.
16.3 Rights recognized and rights reserved
16.3.1 We reserve the right to suspend, limit or terminate access to the Website or any part of it at any time and without notice. We are committed to ensuring that the Website is always available but we do not guarantee the absence of interruptions or errors.
16.3.2 SH + is the owner or licensee of the design, text, graphics and software of the Website. The use of the Website and its contents does not guarantee you any rights with respect to our intellectual property rights or the intellectual property of third parties with respect to it.
16.3.3 It is not permitted to copy, reproduce, republish, download, publish, transmit, record, exploit, modify, communicate to the public or distribute in any way the web pages or materials on the Website or the computer codes of the elements relating to the Website for use other than personal use. Therefore, it is possible to download extracts that are not relevant to the content in question for viewing purposes, provided that no more than one copy of any information is made.
16.3.4 Any use other than that permitted can only be made with our prior and explicit consent.
16.4 Links to and from other websites
16.4.1 Linking to our home page is permitted provided that it is done lawfully and legally and in such a way as not to damage or exploit our reputation or to suggest any form of association with or approval by SH +.
16.4.2 You are not allowed to modify the Website or create a link to any part of it other than the home page, unless you have given written permission (which we may revoke at any time).
16.4.3 Any links to third party websites are provided for information purposes only and do not constitute an acknowledgment by us of such sites. We have no control over its content and accept no liability in this regard or any loss or damage that may arise from the use of these sites.
17. Other Important Conditions
17.1 SH + has the right to transfer the rights and obligations arising from these Terms to other parties. In the event that this happens, we will inform you in writing and we will ensure that the transfer does not affect your rights under the contract.