Terms and conditions of sale
The Customer acknowledges that: the Website is owned by Margherita B. SRL (hereinafter referred to as "Margherita B." or the ‘Seller’), with registered office in PIAZZA DELLA VITTORIA 9, 25122 BRESCIA (BS) and whose VAT number is: 12856190157.
The Seller, who is a contractual party with the Customer pursuant to these GCS, is MargheritaB. Srl, based in PIAZZA DELLA VITTORIA 9, 25122 BRESCIA (BS) and with VAT number: 12856190157.
- Purchase orders can only be placed by people of legal age and who are not in conditions of legal incapacity (hereinafter referred to as the “Customer”).
- The language in which the Contract is stipulated is Italian. In the event of a conflict between the versions of the GCS prepared in a language other than Italian and accepted by the Customer, the meaning and interpretation of the GCS in Italian shall prevail.
ARTICLE 1 - Subject matter and contract execution
With the present GCS, Margherita B. sells to the Customer, who buys products offered for sale remotely through the Website.
The contract is executed exclusively on the Internet, through the Customer’s access to the Website and the confirmation of a purchase order according to the procedure provided for by the Website itself and its acceptance by Margherita B. The purchase order executed by the Customer through the Site has a contractual value and is governed by these GCS which the Customer is required to accept in full and without any reservation. For this purpose, the Customer, before proceeding to the conclusion of the order, undertakes to read these GCS and the pre-contractual information provided on the page.
The sales contract is concluded with an e-mail sent by Margherita B. to the Customer pertaining to the order confirmation. The e-mail contains the Customer's data, the order number, the price of the Products purchased, the shipping costs and the delivery address to which the Products will be sent.
The Customer undertakes to verify the accuracy of the personal data contained therein and to promptly notify Margherita B. of any corrections required.
n the order confirmation e-mail, the Customer will also receive the link to download and archive a copy of these GCS, as required by art. 51 paragraph 1 of Regulation N° 206/2005, amended by Regulation N° 21/2014.
ARTICLE 2 - Pre-contractual information for the Consumer - art. 49 of Regulation N°206/2005
Before concluding the purchase order, the Customer examines the Products’ details that are shown in the individual product page at the time of their selection by the Customer. Before the conclusion of the purchase contract and before sending the order, the Customer is informed about:
1. The identification of the Seller;
2. The total price of the Products including taxes, with details of shipping costs and any other costs;
3. Payment methods;
4. The term within which Margherita B. undertakes to deliver the goods;
5. he conditions, terms and procedures for exercising the right of withdrawal from the contract (Article 6 of the present GCS), as well as the withdrawal form Annex I, part B of Regulation N° 21/2014;
6. The conditions for after-sales assistance and commercial guarantees.
ARTICLE 3 - Products availability
The availability of the Products indicated on the Site refers to the actual availability at the time the order is placed by the Customer. This availability must in any case be considered indicative because, due to the simultaneous presence of multiple users on the Site, the Products could be sold to other Customers before confirming the order.
In the case where the Products covered by the order are not available for reasons beyond the control of Margherita B., the order will be automatically rectified with the elimination of the unavailable Product.
The Customer who accesses the localized Site will have access to the Products available and purchasable in the Country of the Site's location. The purchased products may be delivered exclusively in the territory of the Site's Country.
ARTICLE 4 - Sales Price
All sales prices of the Products indicated on the Site are expressed in Euros (€) and include all taxes due by the consumer.
Shipping costs are not included in the price of the Products, but are indicated and calculated at the time the purchase process is concluded and before payment is made.
The Customer can use the promotional vouchers offered by Margherita B. for the purchase as part of promotional campaigns. These vouchers can only be used in the manner indicated in the vouchers themselves, they cannot be used retroactively and / or be transferred to third parties. It is not possible to cumulatively use multiple promotional vouchers for the same order. If for any reason, including cancellation or return by the Customer, the total value of the order should be lower than the value of the voucher. Margherita B reserves the right to invoice the original price of the goods that remain in the Customer's possession. Promotional vouchers will not be refunded if the buyer decides to return all or part of the goods.
ARTICLE 5 - Payment methods
Margherita B. accepts various payment methods including, as an example, credit card, debit card, PayPal, bank transfer, cash on delivery.
Payments can also be made with the use of promotional vouchers.
Communications regarding the payment and data communicated by the Customer at the time this is made take place on special protected lines.
For each order placed on the Site, upon payment, Margherita B. will issue a receipt for the shipped Products.
ARTICLE 6 - Withdrawal rights
In accordance with the regulations in force, the Customer has the right to withdraw from the purchase order within 14 days from the date of the delivery or collection of the Products.
The Customer who intends to exercise the right of withdrawal must follow the specified procedure on the Site on the page How to Return.
The Products must be returned to Margherita B. using the label and the return form that the Customer will find inside the package in which the Products were delivered. Upon using this label, completing the return form duly and following the procedures indicated on the Site, on the How to Return, page, the direct costs of returning the Products are thereby borne by Margherita B., exclusively using GLS Courier.
It is the Customer's responsibility to correctly follow the instructions indicated on the Site on the How to Return section of the page.
he Products must be returned intact and complete, that they have never been used, worn or damaged in any way, in their original packaging, including all parts (including price label, packaging material and any documentation and accessory equipment) and complete with the attached fiscal document. In case a Product was provided with a security tag, the return of this Product will not be accepted if the original security tag has been removed, tampered with, broken or damaged.
Without prejudice to the right to verify compliance with the above, Margherita B. will refund the amount of the Products subject to withdrawal within a maximum period of 20 days.
The Customer will be held responsible for a reduction in value of the goods if they have been handled in a way that goes beyond what is required in order to establish their nature, characteristics and functioning.
herefore, if the returned Products are damaged (for example with signs of wear, tear, scratches, label removals, pendant/ornament removals, defects, etc.), not complete with all their elements and accessories (including labels and tags which should be unaltered and attached to the product), and not accompanied by the attached instructions / notes / manuals, not in their original packaging and packaging materials and not having the guarantee certificate, if any, the Customer will be liable for the decrease in value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product.
As required by art. 56 paragraph 3 of Regulation N° 206/2005, amended by Regulation N° 21/2014, Margherita B. may suspend the refund until the reception of the Products or until the Customer demonstrates that he/she has returned the Products to the Seller.
Margherita B. will reimburse using the same payment method chosen by the Customer during the purchase. In the case of payment made in cash, and if the Customer intends to exercise his/her right of withdrawal, he/she must provide Margherita B., by accessing the Contact Us section, the bank details: IBAN, SWIFT and BIC necessary for the refund.
ARTICLE 7 - Delivery methods
Margherita B. will only accept orders to be delivered in the Italian territory and in the Regions indicated on the Site.The products will be delivered by Espresso GLS Courier to the address indicated by the Customer at the time of the order no later than 30 days from the date of receipt of the sent confirmation order email from the Customer.
ARTICLE 8 - Liability
Margherita B. assumes no responsibility for service disruptions caused by any kind of force majeure or unforeseeable circumstances, even if due to malfunctions and disruptions of the internet network, that may prevent the Seller from delivering within the time frames agreed in the GCS.
To exercise the withdrawal right and the warranty right in the event where the Products cannot be accepted by the Seller due to unmet prerequisites referred in the articles 6 and 7 of the present GCS, it is then the Customer’s sole responsibility to retrieve the Product that is made available at his/her own expenses. The Customer acknowledges and unconditionally accepts that after 30 days of the communication of being made available to the Customer, Margherita B may proceed with lawful disposing of the merchandise not picked up by the customer.
ARTICLE 9 - Final clauses
Products are sold with the features described on the Site and in accordance to the GCS published on the Site at the time the order is placed by the Customer, with the exclusion of any other condition or term.
Margherita B. reserves the right to modify these general conditions of sale at any time, at its own discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
The prices, the Products for sale on the Site and their characteristics are subject to change without notice.
These General Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Conditions of Sale is considered invalid or declared as such pursuant to the law, regulation or following a decision by a court with jurisdiction, the other provisions will continue to have full force and effect.